Waukesha County Circuit Court Filing Timing and Cure Windows

CRITICAL

In-person filings are accepted at the Juvenile Court Office from 8:00 AM to 4:30 PM Monday through Friday, except Waukesha County-observed holidays.

Documents will be accepted for in person filing at the Juvenile Court Office (521 Riverview Avenue, Waukesha, WI 53188 - not the main courthouse) between 8:00 AM and up to 4:30 PM, Monday through Friday, excluding holidays observed by Waukesha County

CRITICAL

Fax filings are deemed filed when transmitted, but transmissions completed after the Clerk’s regular business hours are deemed filed the next business day, subject to statutory time-limit exceptions.

Papers filed by facsimile transmission are considered filed when transmitted, except that papers filed by facsimile transmission completed after regular county business hours of the Clerk of Juvenile Court office are considered filed the next business day. EXCEPTION: Those time limits which are covered by statute.

CRITICAL

A detention or further review hearing must be requested by telephone or in writing no later than 10:00 AM on the hearing date.

Anyone requesting a detention hearing or a further review hearing must request the hearing telephonically or in writing no later than 10:00 a.m. on the date of the hearing.

CRITICAL

After-hours fax filings submitted by 11:59 p.m. Central Time are considered filed that day; later submissions are considered filed the next business day.

Documents filed by facsimile transmission completed after regular business hours of the Register in Probate’s office are considered filed on a particular day if the submission is made by 11:59 pm central time, as recorded by the Register in Probate’s facsimile machine. Documents submitted by facsimile transmission after 11:59 pm are considered filed the next business day.

CRITICAL

After-hours fax filings made by 11:59 p.m. CST are considered filed that day; later submissions are considered filed the next business day.

(5) Pursuant to Wis. Stat. §801.16(2)(f), documents filed by facsimile transmission completed after regular business hours of the Clerk of Circuit Court’s office are considered filed on a particular day if the submission is made by 11:59 pm CST, as recorded by the Clerk of Circuit Court’s facsimile machine. Documents submitted by facsimile transmission after 11:59 pm are considered filed the next business day.

CRITICALCivil cases

After-hours facsimile filings made by 11:59 p.m. CST are filed that day; submissions after 11:59 p.m. are filed the next business day.

(5)       Pursuant to Wis. Stat. §801.16(2)(f), documents filed by facsimile transmission completed after regular business hours of the Clerk of Circuit Court’s office are considered filed on a particular day if the submission is made by 11:59 pm CST, as recorded by the Clerk of Circuit Court’s facsimile machine. Documents submitted by facsimile transmission after 11:59 pm are considered filed the next business day.

CRITICALCivil cases

After-hours fax filings received by 11:59 p.m. CST are considered filed that day; later fax filings are considered filed the next business day.

Pursuant to Wis. Stat. §801.16(2)(f), documents filed by facsimile transmission completed after regular business hours of the Clerk of Circuit Court’s office are considered filed on a particular day if the submission is made by 11:59 pm CST, as recorded by the Clerk of Circuit Court’s facsimile machine. Documents submitted by facsimile transmission after 11:59 pm are considered filed the next business day.

WARNING

The Clerk of Juvenile Courts’ fax machine operates Monday through Friday from 8:00 AM to 4:30 PM.

The Clerk of Juvenile Courts facsimile machine will be operational during regular county business hours: Monday through Friday, 8:00 AM to 4:30 PM.

WARNINGCivil cases

The sender is responsible for timely, complete facsimile receipt, and the Clerk is not responsible for transmission failures or an inoperable fax machine.

(3)       The party transmitting the facsimile document is solely responsible for ensuring its timely and complete receipt. The Clerk of Circuit Court is not responsible for errors or failures in transmission that result in missing or illegible documents, or when a Clerk of Circuit Court’s facsimile machine is not operational for any reason.

WARNING

Documents are accepted for filing during posted business hours, except on Waukesha County-observed holidays.

Documents are accepted for filing during normal posted business hours, excluding holidays observed by Waukesha County.

WARNING

The sender is solely responsible for timely, complete fax receipt, and the Clerk is not responsible for transmission errors or an inoperable fax machine.

(3) The party transmitting the facsimile document is solely responsible for ensuring its timely and complete receipt. The Clerk of Circuit Court is not responsible for errors or failures in transmission that result in missing or illegible documents, or when a Clerk of Circuit Court’s facsimile machine is not operational for any reason.

CRITICALCivil cases

Deadline

10 calendar days

The filing party must schedule mediation within 10 calendar days after receiving the hearing notice.

Within ten (10) calendar days of receiving the Notice of Hearing from the Clerk of Circuit Court, the party filing the case must contact Waukesha Mediations and schedule mediation with the adverse party(ies).

CRITICAL

TPR filings are permitted only after the child’s birth.

Filings are only permitted after birth.

CRITICALCivil cases

Absent good cause, a motion to compel must be filed within 90 days after the response was due or served.

Absent good cause, a motion to compel discovery must be filed no later than 90 days after the date upon which the discovery response was due (if no discovery response was served) or the date the discovery response was served.

CRITICALCivil cases

The school letter must be provided to the child support office before the child's 18th birthday.

This letter must be provided to the child support office before the child's 18th birthday.

CRITICALCivil cases

The Findings, Conclusions, and Judgment must be submitted to the Court and filed with the Family Clerk within 30 days after judgment is granted.

The Findings of Fact, Conclusions of Law and Judgement of Divorce, Legal Separation, or Annulment must be drafted by the petitioner or petitioner’s attorney, unless mutually agreed otherwise, and must be submitted to the Court and filed with the Family Clerk of Court within thirty (30) days after judgment is granted.

CRITICAL

Deadline

48 hours

Unless the Court orders otherwise, paper-filed exhibits must be received no later than 48 hours before the hearing begins.

Unless otherwise ordered by the Court, all exhibits shall be received by the Court no later than 48 hours before the beginning of the hearing.

CRITICALCivil cases

Deadline

11 calendar days

If the parties disagree about the proposed submission, an objecting party must file an alternative version and a cover letter stating the basis for the objection within 11 calendar days after filing.

If there is no agreement on the form of the proposed submission, within eleven (11) calendar days from the date the proposed submission is filed any party objecting to it must file an alternative proposed version, along with a cover letter identifying the basis for the objection.

CRITICALCivil cases

A jury demand must be made before the deadline in the scheduling order.

A jury demand can be made at any time prior to the deadline included in the scheduling order.

CRITICAL

Deadline

72 hours

Department-prepared dispositional reports must be filed 72 hours before the hearing unless a statute dictates otherwise.

Dispositional reports prepared by the Department will be filed with the Court 72 hours prior to the scheduled dispositional hearing, or as dictated by statute.

CRITICAL

An agency home study must be filed before the Court hearing.

An agency home study must be filed prior to the hearing before the Court.

CRITICAL

Deadline

48 hours

All documents necessary for an adoption hearing must be filed at the Juvenile Court office at least 48 hours beforehand; the Court may remove a matter with missing documents without further notice.

All documents which are necessary for the hearing must be filed in the Juvenile Court office no later than 48 hours prior to the hearing. If any documents are missing, the Court reserves the right to remove the matter from the calendar without further notice.

CRITICAL

Deadline

2 business days

Unless otherwise agreed, bail motions must be filed at least two business days before the hearing.

Unless otherwise agreed, all bail motions must be in writing, comply with victim’s rights, and filed and served at least two (2) business days prior to being heard.

CRITICAL

Deadline

11 calendar days

If the parties disagree on the proposed document’s form, an objecting party must file an alternative version and a cover letter stating the objection’s basis within 11 calendar days of filing; absent good cause, late objections are forfeited.

If there is no agreement on the form of the proposed submission, within eleven (11) calendar days from the date the proposed submission is filed any party objecting to it must file an alternative proposed version, along with a cover letter identifying the basis for the objection. Absent good cause, objections filed after expiration of eleven (11) calendar days are forfeited.

CRITICAL

Interim bills may be submitted no more often than quarterly, and final bills are due within 30 days after discharge.

The Guardian ad Litem or Advocate Counsel must submit interim bills no more frequently than quarterly. Final bills must be submitted within 30 days of discharge.

CRITICALCivil cases

Deadline

10 calendar days

An objection to a venue-change motion must be filed within 10 calendar days.

A party opposing a motion to change venue must file an objection to the motion within ten (10) calendar days as specified in Civ. L. R. 1.5.

CRITICAL

Unless the assigned judge orders otherwise, motions must be filed no later than 60 days after arraignment and scheduled for hearing before trial.

(1) Unless otherwise ordered by the assigned judge, all motions must be filed with the Court in conformance with the statutes but, in any event no later than sixty (60) days after arraignment, and must be scheduled to be heard prior to trial.

CRITICALCivil cases

Deadline

20 calendar days

A Motion for a De Novo hearing must be filed within 20 calendar days after the commissioner's oral decision or, if no oral decision was given, mailing of the written decision or order.

A Motion for a De Novo hearing must be filed within twenty (20) calendar days of the oral decision of the court commissioner, or within twenty (20) calendar days of the mailing of a written decision or order by the court commissioner if the decision or order was not given orally by the court commissioner at the time of the hearing.

CRITICAL

Proposed exhibits subject to the e-filing requirement must be e-filed no later than the morning of trial.

(1) Mandatory/Voluntary eFilers. Unless otherwise ordered by the Court, all proposed exhibits (other than documents used for rebuttal or impeachment) must be eFiled no later than the morning of trial via the File Exhibit link in the Circuit Court eFiling system.

CRITICAL

If not already filed, proposed orders, certificates, and judgments must be submitted for signature within 15 calendar days after the hearing concludes.

If not previously filed, all proposed orders, certificates, and judgments must be submitted to the Court for signature within fifteen (15) calendar days following the conclusion of the hearing.

CRITICALCivil cases

Deadline

11 calendar days

If the parties disagree on the proposed submission’s form, an objecting party must file an alternative version and explanatory cover letter within 11 calendar days after filing.

If there is no agreement on the form of the proposed submission, within eleven (11) calendar days from the date the proposed submission is filed any party objecting to it must file an alternative proposed version, along with a cover letter identifying the basis for the objection.

CRITICALCivil cases

A written de novo trial demand is due within 10 calendar days after an oral decision or 15 calendar days after mailing of a written decision; specified statutory actions have a 30-calendar-day deadline.

A demand for trial seeking de novo review of a court commissioner’s decision must be made in writing within ten (10) calendar days from the date of an oral decision, or within fifteen (15) calendar days from the date of mailing of a written decision, except in accordance with Wis. Stat. §813.126(1), any request for de novo review of a ruling entered by a court commissioner in an action under Wis. Stat. §813.12, §813.122, §813.123, or §813.125 must be filed within 30 calendar days after the court commissioner’s ruling.

CRITICALCivil cases

A moving party may file its summary-judgment reply materials within 14 days after service of the opposing party’s materials.

A moving party may file within 14 days of the service of the opposing party’s materials under subsection (3) above:

CRITICALCivil cases

Deadline

10 business days

An interpreter request must be submitted at least 10 business days before the hearing.

(1)        If a party or witness needs the assistance of an interpreter for a hearing, the party or his/her attorney or the party calling the witness must submit a written request using state form GF-149 for an interpreter ten (10) business days in advance of the hearing to permit the retention and appearance of an interpreter.

CRITICAL

Deadline

48 hours

Requests to appear by Zoom must be filed at least 48 hours before the hearing.

All Zoom appearance requests must be filed no later than 48 hours prior to the hearing.

CRITICALCivil cases

Deadline

48 hours

Proposed exhibits must be e-filed at least 48 hours before trial unless the Court orders otherwise.

Unless otherwise ordered by the Court, all proposed exhibits must be eFiled no later than 48 hours before the beginning of trial via the File Exhibit link in the Circuit Court eFiling system.

CRITICALCivil cases

Unless the Court orders otherwise, discovery must be completed 20 days before the final pretrial hearing, excluding depositions to preserve trial testimony.

Unless the Court orders otherwise, all discovery (excluding depositions to preserve testimony for trial) must be completed 20 days before the final pretrial hearing.

CRITICALCivil cases

Deadline

11 calendar days

An objection to the default-judgment motion must be filed within 11 calendar days after the notice date.

IF YOU OBJECT TO THIS MOTION YOU MUST FILE YOUR OBJECTION IN WRITING TO THE COURT WITHIN ELEVEN (11) CALENDAR DAYS FROM THE DATE OF THIS NOTICE.

CRITICALCivil cases

A party may object to the court-appointed appraiser's report and hire its own appraiser by giving written objection and notice to the Court and opposing party within 15 days after receiving the report.

A party may object to the report of the court-appointed appraiser and hire the party’s own appraiser, provided written objection and notice is given to the court and the opposing party within fifteen (15) days after receipt of the court-appointed appraiser's report.

CRITICAL

Within 11 calendar days after filing a protective-placement petition, the petitioner must contact the county department to obtain an evaluation or notify it that a private evaluation is being obtained.

The petitioner must contact the Waukesha County Department of Health and Human Services to obtain a comprehensive evaluation or notify the Department the petitioner is obtaining an evaluation from a private source no later than eleven calendar (11) days after the filing of the petition.

CRITICALCivil cases

Proof of mailing the demand for trial must be filed before a hearing date is obtained.

The demand for trial must be filed with the Court and mailed to all parties. Proof of mailing must be filed with the Court prior to obtaining a hearing date.

CRITICALCivil cases

Deadline

10 calendar days

The plaintiff must file an itemized-damages affidavit and proof of mailing to the defendant’s last known address 10 calendar days before a damages hearing.

Ten (10) calendar days before any hearing on damages, the plaintiff must file an affidavit itemizing the plaintiff’s damages along with proof of mailing to defendant’s last known address.

CRITICALCivil cases

Deadline

2 business days

An exhibit not clearly marked and filed at least 2 business days before the hearing will not be considered absent good cause.

Any exhibit not clearly marked and filed within two business days in advance of the hearing date WILL NOT BE CONSIDERED absent a showing of good cause.

CRITICALCivil cases

The opposing party’s summary-judgment materials are due within 30 days after service of the motion and supporting materials.

Each party opposing a motion for summary judgment must file within 30 days of service of the motion and the materials required by subsection (2) above:

CRITICAL

Deadline

48 hours

Papers for a scheduled hearing must be filed with the Register in Probate at least 48 hours before the hearing to be considered at it.

All papers relating to a scheduled hearing must be filed with the Register in Probate’s office at least forty-eight (48) hours prior to the hearing for consideration at that hearing.

CRITICALCivil cases

Deadline

48 hours

Paper-filed proposed exhibits must be received at least 48 hours before trial unless the Court orders otherwise.

Unless otherwise ordered by the Court, all proposed exhibits must be received in hard copy form no later than 48 hours before the beginning of the trial via mail to Waukesha Clerk of Circuit Court, Civil Division, 515 W. Moreland Blvd, Waukesha, WI 53188, or in person at the Waukesha County Courthouse, 515 W. Moreland Blvd.

CRITICALCivil cases

Objections filed after the 11-calendar-day period are forfeited absent good cause.

Absent good cause, objections filed after expiration of eleven (11) calendar days are forfeited.

CRITICAL

Estate administrations must be completed within 12 months of initial filing, subject to an extension at the court’s or Register in Probate’s discretion under the rule.

All administrations must be completed within twelve (12) months of the initial filing. This closing date may be extended at the discretion of the Court or the Register in Probate pursuant to this section.

CRITICAL

Deadline

11 calendar days

If the parties disagree about the proposed submission, an objecting party must file an alternative version and explanatory cover letter within 11 calendar days; late objections are forfeited absent good cause.

If there is no agreement on the form of the proposed submission, within eleven (11) calendar days from the date the proposed submission is filed, any party objecting to it must file an alternative proposed version, along with a cover letter identifying the basis for the objection. Absent good cause, objections filed after expiration of eleven (11) calendar days are forfeited.

WARNINGCivil cases

Deadline

11 calendar days

If no objection is filed within 11 calendar days after the motion is filed, the Court may grant the motion without a hearing.

If the party against whom judgment is sought does not file an objection to the motion within eleven (11) calendar days of the filing of the motion, the Court may, in its discretion, grant the motion without a hearing.