Rock County Circuit Court, Wisconsin Filing Timing and Cure Windows

A document is not considered filed if it is not received because the facsimile machine is not operational.

The document is not received because of periods when the facsimile machine is not operational for any reason.

A facsimile document will not be considered filed if transmission errors or material omissions cause it to be missing, incomplete, or illegible.

There are errors or material omissions that result from errors in transmission causing missing, incomplete, or illegible documents.

Facsimile filings are generally deemed filed when transmitted; after-hours submissions completed by 11:59 p.m. Central Time are deemed filed that day if later accepted by the clerk, while submissions after 11:59 p.m. are deemed filed the next business day the clerk’s office is open.

Papers filed by facsimile transmission are considered filed when transmitted. Any papers filed by facsimile transmission after the close of clerk of court's office regular business hours are considered filed on a particular day if the submission is completed by 11:59 p.m. Central Time, as recorded by the court facsimile machine, so long as it is subsequently accepted by the clerk upon review. Documents filed after 11:59 p.m. Central Time are considered filed the next business day the clerk's office is open.

The party sending a filing by facsimile is solely responsible for ensuring timely and complete receipt.

The party transmitting the facsimile is solely responsible for ensuring the timely and complete receipt of the document.

The findings, conclusions, and judgment must be filed within 30 days of the final hearing or decision; failure to file may result in dismissal.

The Findings of Fact, Conclusions of Law, and Judgment shall be filed with the court within thirty (30) days of the final hearing or decision, and failure to do so may result in the dismissal of the action for failure to comply with a court rule pursuant to sec. 805.03, Wis. Stats.

Parties have 20 days to appeal an FCC determination by requesting a de novo hearing before the assigned judge.

If this determination is made by the FCC, the parties shall have twenty (20) days to appeal the determination of the FCC by requesting a de novo hearing before the assigned judge.

Parties must file a financial disclosure statement within 90 days after filing a divorce or legal-separation petition.

Parties shall, within 90 days of the filing of a Petition for divorce/legal separation, file a financial disclosure statement.

A party who attended a Court Commissioner hearing and did not stipulate to an order may request a new hearing in writing with the Clerk within 20 days, and must immediately send a copy to the opposing party.

Any party who was present at a Court Commissioner hearing, and who has not entered into a stipulation for an order, has the right to have the assigned judge hold a new hearing by filing a written request within 20 days of the hearing with the Clerk of Circuit Court's Office, with a copy sent immediately to the opposing party.

Deadline

5 business days

The opposing party has five business days to lodge a written objection to the draft findings, conclusions, and judgment.

The Findings of Fact, Conclusions of Law, and Judgment shall be submitted to the opposing party for approval as to form pursuant to sec. 767.37(1) Wis. Stats., and the opposing party shall have five (5) business days within which to lodge a written objection to the document as drafted.

The defendant must file a written request for a hearing within 15 days after the notice is postmarked to avoid entry of default judgment under the stated notice.

The mailing shall include notice that a default judgment shall be entered against the defendant unless the defendant files a written request for a hearing within fifteen (15) days of the date the notice is postmarked.

For a relocation ruling pending a final ruling, the request must be filed within 10 days of the commissioner’s ruling, and the judge must hold the de novo hearing within 30 days of the request unless good cause supports an extension.

Family Court Commissioner hearings follow Chapter 767 (note: request filed with the Clerk of Circuit Court's Office within 10 days of a Court Commissioner's ruling on relocation pending a final ruling and the Judge shall hold the de novo hearing within 30 days of the de novo request unless good cause is shown to extend.)

A request for a De Novo hearing must be filed within 20 days of the FCC's decision.

All post judgment actions brought under Chapter 767, Wis. Stats. shall be heard by the FCC. At the end of the hearing, the FCC shall advise the parties that they have a right for a De Novo hearing if the request is filed within twenty (20) days from the date of the FCC's decision and the order shall recite on its face that the parties were so advised.

Trial briefs, requested jury instructions, and proposed verdict forms must be prepared by a party's attorney and filed at least ten days before trial, unless the trial judge modifies the requirement by order.

All trial briefs, requested jury instructions, and proposed verdict forms shall be prepared by the attorney for a party and shall be filed with the court no later than ten (10) days prior to the first day of trial. The trial judge may modify this requirement by pre-trial or scheduling order.

A written Answer or Counterclaim must be filed before the date of the initial hearing to satisfy the stated exception to the defendant's appearance requirement.

In all Small Claims actions, the Defendant must appear in person at the time and place indicated on the Summons unless the Defendant files a written Answer or Counterclaim prior to the date of the initial hearing with a duplicate copy sent to the Plaintiff.

A substitution request for the preliminary examination judge or court commissioner must be made at the initial appearance or five days before the preliminary examination, unless that judicial officer permits otherwise.

Substitution of the judge or court commissioner assigned to the preliminary examination must be made at the initial appearance or five (5) days prior to the preliminary examination, unless the preliminary examination judge or court commissioner otherwise permits.

A request for a de novo hearing in an injunction matter must be filed with the Clerk within 30 days of the hearing.

Injunction hearings follow Chapter 813 Wis. Stats. (request filed with the Clerk of Circuit Court's Office within 30 days of hearing.)