Sheboygan County Circuit Court, Wisconsin Filing Timing and Cure Windows

CRITICAL

A fax transmission completed after the clerk's regular business hours is considered filed the next business day.

Papers filed by facsimile transmission completed after regular business hours of the Clerk of Circuit Courts office are considered filed the next business day.

CRITICAL

Facsimile papers are filed upon receipt, the official court record may not be substituted, and no additional copies may be sent.

Facsimile papers are considered filed upon receipt and the official court record may not be substituted. No additional copies may be sent.

WARNING

The party sending a facsimile is solely responsible for ensuring that the court receives it completely and on time.

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

WARNING

The court, judge, and clerk are not responsible for transmission errors causing missing or illegible documents or for periods when the court fax machine is not operational.

The Circuit Court, Judge or Clerk is not responsible for: a. Errors or failures in transmission that result in missing or illegible documents. b. Periods when a circuit court facsimile machine is not operational for any reason.

CRITICAL

A party may move for summary judgment within eight months after filing the summons and complaint or within the time set by the scheduling order.

A party may, within eight months of filing of a summons and complaint or within the time set in the court's scheduling order, move for summary judgment on any claim asserted by or against the party.

CRITICAL

A personal representative or counsel who receives notice that an estate is delinquent in filing a Probate Code document must respond in writing to the Register in Probate within 10 days.

If a personal representative or counsel receives a notice from the Register in Probate that an estate is delinquent in filing a document required by the Probate Code, that person must respond in writing to the Register in Probate within 10 days.

CRITICAL

An objection to the withdrawal request must be made within ten days of the court's receipt of the request to prevent the no-objection procedure from applying.

case pending in the circuit court shall present to the court a petition to allow counsel to withdraw provided no objection is made within ten (10) days of the court's receipt of the request.

CRITICAL

Objections to the form or content of a submitted document must be filed in writing with the court within 10 days of service or mailing.

Objections to the form or content of the document submitted shall be filed in writing with the court within 10 days of service or mailing.

CRITICAL

Deadline

72 hours

Court reports must be submitted to the juvenile clerk at least 72 hours before the disposition hearing.

1403 Court reports shall be submitted to the juvenile clerk 72 hours prior to the disposition hearing

CRITICAL

Juvenile orders must be prepared within 10 days of the disposition hearing, though the court may assign preparation to another party.

1404 The District Attorney's Office and the Clerk of Court's Office shall prepare all juvenile orders within 10 days of the disposition hearing. The court may designate responsibility for the preparation of order to other party as appropriate.

CRITICAL

The final stipulation and each party’s financial disclosure statement must be filed before the hearing date.

The final stipulation and each party's financial disclosure statement shall be filed with the Family Court Commissioner prior to the hearing date.

CRITICAL

Motions in limine and supporting briefs must be filed with the Court and opposing counsel by a deadline set as a number of days before the pre-trial or trial.

All motions in limine and supporting briefs shall be filed with the Court and opposing counsel at least _ _ days before pre-trial/ trial.

CRITICAL

Proof of service or publication must be filed within 10 days after receipt by the plaintiff, petitioner, or counsel.

Proof of service or proof of publication shall be filed with the Clerk of Court within 10 days of receipt by plaintiff, petitioner or counsel.

CRITICAL

The required pretrial-order information must be provided at least 10 days before the pretrial hearing.

At least 10 days prior to the pretrial hearing counsel shall provide to the court and opposing counsel the information as required by the pretrial order.

CRITICAL

A jury-view request must be made by the specified number of days before trial.

Any jury view is to be requested in writing no later than days prior to trial with notice of such request to be given to all parties.

CRITICAL

Applies to

Hearing request

A defendant must request a hearing in writing within 10 days of the notice to avoid entry of default judgment without that request.

The notice shall provide that in the event defendant does not request a hearing from the court, in writing, on plaintiff's motion within 10 days of the date of the notice, default judgment shall be entered.

CRITICAL

Deadline

72 hours

Reports must be submitted 72 hours before disposition.

1403 Reports submitted 72 hours prior to disposition

CRITICAL

State Public Defender-appointed counsel may not file a withdrawal request until 60 days after a party misses a scheduled hearing, unless good cause is shown.

In all cases in which counsel has been appointed by the State Public Defender to represent a client, no request to withdraw as counsel shall be filed until 60 days after a party fails to appear for a scheduled hearing unless good cause is shown to the court.

CRITICAL

Pleas must be on the record by the scheduled trial date, and plea hearings will not occur afterward absent good cause.

All pleas must be of record on or before the scheduled trial dates. Plea hearings will not be conducted after the scheduled trial date, except for good cause.

CRITICAL

In non-eviction small claims actions, defendants must file a written answer before or at the initial appearance date.

In all other small claims actions, defendants must file a written answer with the court prior to or at the date set for the initial appearance on the matter.

CRITICAL

Deadline

10 working days

Applies to

Discovery motion

Defense counsel must file discovery motions in felony and misdemeanor cases within 10 working days after arraignment.

Motions for discovery in felony and misdemeanor cases shall be filed by defense counsel within 10 working days of the date of arraignment.

CRITICAL

Required service and Non-Military Service proofs must be filed by noon on the Friday before the scheduled initial appearance.

Proof of personal service or publication, if required, along with the proof of Non- Military Service, must be filed with the Clerk of Courts office by noon on the Friday before the scheduled initial appearance.

CRITICAL

Opposition briefs to motions in limine must be filed with the Court and opposing counsel by a deadline set as a number of days before the pre-trial or trial.

All briefs in opposition to any motion in limine shall be filed with the Court and opposing counsel at least _ days before pre-trial/ trial.

CRITICAL

The required divorce-hearing documents must be filed at the start of the hearing; untimely filing results in cancellation.

The findings of fact, conclusions of law and judgment of divorce must be filed at the start of the hearing. Failure to file these documents in a timely fashion will result in the cancellation of the hearing.

CRITICAL

Actions suspended because of a bankruptcy petition will be dismissed without notice one year after filing unless a certified copy of the discharge is presented to the presiding judge before then.

306 All actions suspended due to the filing of a Petition in Bankruptcy will be dismissed, without notice to any party, one (1) year from the date of filing unless a certified copy of the Discharge in Bankruptcy is presented to the presiding judge before the expiration of the one year period.

CRITICAL

The Affidavit of Nonmilitary Service must be filed within 15 days of the initial appearance or the case will be dismissed.

If the Affidavit is not filed within 15 days of the initial appearance, the case will be dismissed.

CRITICAL

Deadline

72 hours

Unless good cause has been shown to the judge, a party moving that any judicial proceedings required by law to be public be closed to the news media must notify the court and the media coordinator in writing at least 72 hours prior to the time set to hear the motion.

Unless good cause has been shown to the judge, a party moving that any judicial proceedings required by law to be public be closed to the news media must notify the court and the media coordinator in writing at least 72 hours prior to the time set to hear the motion.

CRITICAL

Court-appointed indigent counsel and Guardians ad Litem must submit payment invoices within 90 days of case disposition or attorney withdrawal or forfeit payment.

Any attorney who has been appointed by the Court as indigent counsel or Guardian ad Litem, that wishes to receive payment from Sheboygan County for services rendered, must submit an invoice for payment within 90 days of the disposition of the case or withdrawal of the attorney or forfeit the right to receive payment from the County.

CRITICAL

Proposed jury instructions and special verdicts must be filed by the pre-trial conference.

All proposed jury instructions and special verdicts shall be filed with the Court and opposing counsel on or before the pre-trial conference.

CRITICAL

The required motion and fee must be filed and paid before the court provides a hearing date and time.

Prior to obtaining a date and time from the court, any party seeking to enforce or modify a judgment or portion of judgment of divorce or a temporary order of the Family Court Commissioner, shall file with the Clerk of Circuit Courts an Order to Show Cause or other appropriate Motion and pay such fee as required.

CRITICAL

Applies to

Pretrial motion

The deadline for a defendant's pretrial motions does not begin to run until discovery is given to the defendant under the Code of Criminal Procedure.

The time in which a defendant must file pre-trial motions shall not commence to run until the date that discovery is given to the defendant under the Code of Criminal Procedure.

CRITICAL

In eviction actions, the written answer must be submitted at the initial appearance date listed on the summons.

In eviction actions only, defendants must appear on the date listed on the summons for the initial appearance. At that time, the defendant will submit a written answer to the complaint.

CRITICAL

Applies to

Discovery response

The State must respond to a discovery demand within 10 working dates of its filing.

The State shall respond to the demand for discovery within 10 working dates of the date of filing.

CRITICAL

The required Parenting Plan or custody-and-placement stipulation must be filed at least 10 days before the pretrial conference in the specified cases.

In family cases where the parties have minor children and in all paternity cases, a Parenting Plan under §767.41(1m), Wis. Stats. or a written stipulation resolving all issues pertaining to custody and placement must be filed at least 10 days prior to the pretrial conference

WARNING

The pretrial hearing is scheduled for 120 days after the action is filed, or as soon afterward as the court is available.

The pretrial order will show the date 120 days after the filing of the action, or as soon thereafter as the court is available, when a pretrial hearing is scheduled.

WARNING

The court may disregard briefs filed untimely.

Briefs filed in an untimely fashion may be disregarded by the court.

WARNING

Civil cases are reviewed for service and answer 100 days after filing, and the court initiates a dismissal order if the case has not reached issue.

All civil cases will be reviewed for service and answer 100 days after filing. If at that time it is found that a case has not reached issue, a dismissal order shall be initiated by the court.