Trempealeau County Circuit Court, Wisconsin Filing Timing and Cure Windows

A party who attended the commissioner’s hearing may move for de novo review within 15 consecutive days after the oral decision, or after mailing of the written decision if no oral order was given; stipulated and default findings and orders are excluded.

Pursuant to Wis. Stat. § 757.69(8), any party who was present at a hearing held by the family court commissioner has the right to have the circuit court judge hold a new hearing upon the filing of a motion within 15 days of the oral decision of the family court commissioner, or within 15 days of mailing of the written decision if the order was not orally given by the family court commissioner at the time of the hearing. Findings and orders entered by the family court commissioner by stipulation or entered by default are not subject to de novo review. Fifteen (15) days shall be counted consecutively and include weekends and holidays pursuant to Wis. Stat. 801.15(1).

Deadline

10 calendar days

If the defendant appeared at the return date and mediation did not resolve the matter, the defendant must file an answer within 10 calendar days.

If the defendant has appeared at the return date and the matter is not resolved through mediation, the defendant shall within 10 calendar days file a written answer on forms provided by the Clerk of Courts Office.

A jury-trial request and jury fee must be filed with the Clerk of Court no later than 10 days after the initial appearance.

Requests for a jury trial shall be filed, along with the payment of the jury fee, with Clerk of Court, no later than 10 days from the initial appearance.

Deadline

10 calendar days

A counterclaim must be filed with the answer within 10 calendar days from the return date; a counterclaim not properly filed is barred.

If defendant desires to assert a counterclaim, such counterclaim must be in writing and must be filed and served along with the answer filed within 10 calendar days from return date. Any counterclaims not properly filed or served shall be barred.

A party opposing summary judgment must serve and file its opposition materials by the date specified in the Court's schedule.

On or before the date specified in the schedule issued by the Court, any party who elects to oppose the motion for summary judgment shall serve and file the following:

An order based on the family court commissioner’s decision must be on file before the de novo hearing.

Any order based on the decision of the family court commissioner must be on file prior to the de novo hearing.

Deadline

10 calendar days

The plaintiff must file a reply within 10 calendar days after the counterclaim is filed; failure to do so is deemed a default and may result in judgment for the counterclaimant.

Plaintiff must reply to defendant’s counterclaim in writing and file and serve such reply within 10 calendar days from the filing of the counterclaim. Failure to file the reply to the counterclaim within such time shall be deemed a default and judgment may be entered in favor of the defendant/counterclaimant, at the discretion of the court commissioner/judge.

Parents with minor children must file the Certificate of Completion within the 60-day period established for course completion.

Within the 60 days established in (1) above, parents with one or more minor children shall file with the Court a copy of the “Certificate of Completion.”