St. Croix County Circuit Court, Wisconsin Filing Timing and Cure Windows

CRITICAL

A facsimile filing routed through a non-court intermediary is complete when the court receives it.

filing is complete upon receipt by the court.

CRITICAL

Facsimile papers are filed when received by the clerk, become the court’s official record, and may not be substituted.

Facsimile papers are considered filed upon receipt by the clerk of circuit court and are thus the official record of the court and may not be substituted.

WARNING

The party transmitting a document is responsible for ensuring that it is received completely and on time.

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

WARNING

The transmitting party is responsible for timely, complete receipt, and court personnel are not responsible for transmission failures or facsimile-machine downtime.

The party transmitting the facsimile document is solely responsible for ensuring its timely and complete receipt. The judge, court commissioner, judicial assistant, or clerk is not responsible for: (a) errors or failures in transmission that result in missing or illegible documents; and (b) periods when a circuit court facsimile machine is not operational for any reason.

CRITICAL

A transferred dispositional hearing must be set within 30 days after the transfer documents are received.

If a matter has been transferred from another county to this county for a dispositional hearing, the dispositional hearing shall be set within 30 days of the receipt of the transfer documents from the other county.

CRITICAL

Applies to

Trial documents

Trial briefs, proposed verdicts, instructions, and motions in limine must be filed one week before the pretrial unless the judge or scheduling order provides otherwise.

Unless otherwise provided by the judge or scheduling order, all trial briefs, proposed verdicts, instructions and motions in limine shall be filed one week prior to the pretrial.

CRITICAL

File the trust inventory before the estate closes.

806.01 Inventory: the trust inventory shall be filed before the estate will be closed.

CRITICAL

A defendant in an ordinance or traffic court action may demand a jury trial within 10 days after entering a not-guilty plea.

213.03 Ordinance and Traffic Court Actions. Pursuant to Wis. Stat. § 345.43 any defendant may demand a jury trial within ten (10) days after the date s/he has entered a not guilty plea.

CRITICAL

Both parties must file the financial disclosure statement within 10 days after receiving the form from the family court commissioner.

If, upon the request of either party, the court determines that a Guardian Ad Litem (GAL) should be appointed, both parties shall file a financial disclosure statement with the family court commissioner within ten (10) days of receipt of the form from the family court commissioner.

CRITICAL

File the guardianship inventory within 60 days after appointment of a guardian of the estate.

807.02.2 The guardianship inventory together with the statutory filing fee shall be filed within 60 days of the appointment of a guardian of the estate.

CRITICAL

Summary judgment motions may be filed within eight months after the summons and complaint are filed or within the scheduling-order deadline.

The parties may file motions for summary judgment within eight (8) months of the filing of the summons and complaint or within the time established in the scheduling order, as allowed under Wis. Stat. § 802.08.

CRITICAL

Applies to

Default judgment notice

In actions where the defendant was personally served, ten days’ notice is required before entry of default judgment, except in mortgage foreclosures.

Except as to mortgage foreclosures, in all actions where personal service was obtained upon the defendant, ten (10) days notice shall be required prior to the entry of judgment.

CRITICAL

A jury-trial demand may be filed within ten days after the defendant enters a not guilty plea.

Pursuant to Wis. Stat. § 345.43 any party may, upon payment of a $36.00 jury fee, file a written demand for a jury trial within ten (10) days after the date the defendant has entered a not guilty plea.

CRITICAL

Estate actions must be disposed of within twelve months after the petition or application to open the estate is filed.

805.12 10th Judicial District time lines to close estates: Estate actions shall be disposed of within twelve (12) months from the date of the filing of the petition or application to open estate.

CRITICAL

The notice of retainer or order appointing counsel must be filed as soon as practicable.

An attorney who represents a party shall file with the clerk of court a notice of retainer or order appointing counsel as soon as practicable.

CRITICAL

The affidavit of publication must be filed before the name-change hearing.

An affidavit of publication must be filed with the clerk of court prior to the name change hearing.

CRITICAL

The estate inventory must be filed by the stated deadline after issuance of letters.

805.08 Inventory: estate inventory shall be filed no later than 4 6 months after the issuance of letters together with the statutory filing fee.

CRITICAL

The statement must be filed by the commissioner-set due date and a copy provided to the opposing party; failure may result in dismissal for a plaintiff or judgment for the plaintiff against a defendant.

If the plaintiff fails to file his or her more detailed statement of the case with the clerk of court by the due date set by the court commissioner, or fails to provide a copy to the defendant(s), the case may be dismissed. If the defendant fails to file his or her more detailed statement of the case with the clerk of court by the due date set by the court commissioner, or fails to provide a copy to the plaintiff(s), judgment may be entered in favor of the plaintiff(s).

CRITICAL

File the conservatorship inventory within 60 days after appointment of a conservator.

807.04.1 The conservatorship inventory together with the statutory filing fee shall be filed within 60 days of the appointment of a conservator.

CRITICAL

A written request for a hearing on the default-judgment motion must be made within 15 days of the notice to prevent entry of default judgment without a hearing request.

The notice shall provide that in the event the defendant does not request a hearing from the court, in writing, on the plaintiff's motion within fifteen (15) days of the date of the notice, a default judgment may be entered.

CRITICAL

File the minor-guardianship inventory within 60 days after appointment of a guardian of the estate.

807.03.2 The guardianship inventory together with the statutory filing fee shall be filed within 60 days of the appointment of a guardian of the estate

CRITICAL

In a small claims eviction action, a jury-trial demand must be filed no later than joinder of issue.

In eviction actions, the demand shall be filed at or before the time of joinder of issue.

CRITICAL

The guardian ad litem's report must be filed before the hearing.

807.02.1 Guardian ad litem: the Court shall appoint a guardian ad litem for the proposed ward; the guardian ad litem shall file a report with the court prior to the hearing.

CRITICAL

The closing certificate must be filed before the trust is closed and the trustee discharged.

806.03.4 A Wisconsin closing certificate for fiduciaries must be filed with the court before a trust may be closed and the trustee discharged.

CRITICAL

In other small claims actions, a jury demand must be made when the party demands trial to review the circuit court commissioner's decision.

In all other actions, the demand for trial by jury shall be made at the time a demand for trial is made for review of the decision of the circuit court commissioner pursuant to Wis. Stat. § 799.207.

CRITICAL

When no custody hearing is requested for a child or juvenile placed outside the home, a written referral to intake must be filed within five days of the custody order or the order automatically terminates and the person is released; this rule does not apply to qualifying defendants age 14 or under held in secure custody in an original adult court jurisdiction matter.

If a child/juvenile has been taken into custody and placed in a secure or nonsecure placement outside the home, but no request for a hearing on the custody has been requested, the custody order shall automatically terminate and the person released from the custody order unless a written referral to intake pursuant to § 48.24 or 938.24, Wisconsin Statutes, has been filed within five (5) days of the date of the custody order. b. This rule does not apply to defendants age 14 or under charged with an original adult court jurisdiction matter who are being held in secure custody.

CRITICAL

A mediation request does not extend the deadline for responsive pleadings; if no ADR request is made, no ADR occurs and the responsive pleading remains due as stated in the summons.

A request for mediation will not extend the time for filing any responsive pleadings while the applicability of a settlement alternative is determined. If there is no request for Alternative Dispute Resolution (ADR), none will occur and a responsive pleading is due as required by the Summons.

CRITICAL

Deadline

48 hours

When the stated conditions apply in a Chpt. 938 matter, the petition must be filed within 48 hours after the custody hearing.

If a petition under either Chpt. 48 or Chpt. 938 has not been filed by the time of the custody hearing and the statutory grounds exist for an extension of time to file a petition, a petition must be filed within: a. Chpt. 938 matters: 48 hours from the time of the hearing.

CRITICAL

Have all prior-year annual accountings and the final account on file by the time the trust terminates.

806.03.1 At the time of the termination of the trust, all annual accountings for prior years and the final account must be on file with the court.

CRITICAL

The civil jury fee must be paid at commencement of the action or at the time specified in the scheduling order.

213.01 Civil Actions. In all civil cases, the fee for either a six person jury ($36.00) or twelve person jury ($72.00) shall be paid either at the time of commencement of the action or the time specified in the scheduling order.

CRITICAL

Deadline

72 hours

When the stated conditions apply in a Chpt. 48 matter, the petition must be filed within 72 hours after the custody hearing, excluding Saturdays, Sundays, and legal holidays.

If a petition under either Chpt. 48 or Chpt. 938 has not been filed by the time of the custody hearing and the statutory grounds exist for an extension of time to file a petition, a petition must be filed within: b. Chpt. 48 matters: 72 hours from the time of the hearing, excluding Saturdays, Sundays and legal holidays.

CRITICAL

Deadline

4 working days

Court-ordered reports must be completed and filed at least four working days before the scheduled dispositional hearing.

Court reports that have been ordered by the court shall be completed and filed with the court not less than four working days before the scheduled dispositional hearing.

WARNING

A party may file a demand for a de novo hearing within 15 consecutive days after the decision, including weekends and holidays.

Any party may file a demand for a de novo hearing with the assigned judge within fifteen (15) days from the date of a decision. Fifteen (15) days shall be counted consecutively and include weekends and holidays.

WARNING

Applies to

Motion papers

Motion papers should be filed at least 20 days before the hearing, unless these rules or a court order provide otherwise.

Motions, supporting documents and briefs should be filed with the court and served on the nonmoving party at least twenty (20) days before the hearing date unless provided otherwise by these rules or order of the court.

WARNING

Status conferences and default divorce dates cannot occur until the statutory 120-day waiting period has expired.

Status conference and default divorce dates will not occur until after the statutory 120 day waiting period contained in Wis. Stat. § 767.335 has expired.

WARNING

Applies to

Motion response

The opposing party should serve and file a written response at least five days before the hearing.

The opposing party should serve and file a written response at least five (5) days before the hearing.

WARNING

All briefs should be received at least five (5) days before a hearing.

All briefs should be received at least five (5) days before a hearing.

INFO

A protective-placement petition may be filed with or at any time after the guardianship petition.

807.05.1 A petition for protective placement may be filed with or anytime after the guardianship petition is filed.