Milwaukee County Circuit Court Filing Timing and Cure Windows

CRITICAL

Facsimile filings are deemed filed upon transmission, but one completed after 4:30 p.m. Monday through Friday or during a weekend or holiday is deemed filed the next business day.

Papers filed by facsimile transmission will be considered filed when transmitted except papers filed by facsimile transmission completed after 4:30 p.m., Monday through Friday or during weekends and holidays shall be considered filed the next business day.

CRITICAL

A proposed written order for an unwritten oral ruling must be e-filed and served within five days of the hearing unless the court orders a different time.

If an order is not reduced to writing at the time the court makes an oral ruling, then within five (5) days of the hearing, or within such time as the court orders, the attorney for the prevailing party shall eFile with the court and serve all parties a proposed written order.

CRITICAL

A summary judgment motion must be filed at least 45 days before the hearing date.

Motions for summary judgment shall be filed not less than 45 days before the hearing date.

CRITICAL

The court will not act on an incomplete Chapter 128 petition, and the case will be dismissed without further notice and without prejudice if the requirements remain unmet for more than 30 days after filing.

6. If the requirements of this rule are not met, the court will not act on the petition. If more than 30 days passes after filing without these requirements being met, the case shall be dismissed without further notice and without prejudice.

CRITICAL

Nonfinal orders, certificates, and judgments must be submitted for signature no later than 30 days after the date the subject was heard or was to be heard.

All orders, certificates, and judgments, other than final judgments, shall be submitted to the judge or circuit court commissioner for signature not later than 30 days after the date on which the subject of the order is heard or was to be heard by the court.

CRITICALCivil cases

Applies to

Mediation

The parties must complete mediation by the stated scheduling deadline.

On or before _________________________, the parties shall complete mediation.

CRITICAL

If items C.8 through C.10 are not submitted before or at the final hearing, they must be submitted for court approval and served on all parties, including the Department of Child Support Enforcement, no later than 30 days after the hearing.

If the court conducts the final hearing without a party submitting the items identified in paragraphs C.8 through C.10 in advance or at the time of the final hearing, they shall be submitted for the court’s approval, and served on all parties to the action, including the Department of Child Support Enforcement, no later than 30 days after the hearing.

CRITICALCivil cases

The Scheduling Conference Data Sheet must be filed one week before the scheduling conference.

Scheduling Conference Data Sheet- to be Filed One Week Prior to Scheduling Conference

CRITICALCivil cases

The deadlines in the scheduling order may not be extended without court consent.

The deadlines set forth in this order may not be extended without the consent of the court.

CRITICAL

A request to extend child support beyond age 18 for a child still attending high school must be submitted in writing to the Department of Child Support Enforcement before the child’s 18th birthday and include specified school-letterhead documentation.

A request to extend child support beyond the child’s 18th birthday because the child is still attending high school shall be submitted in writing to the Department of Child Support Enforcement before the child’s 18th birthday. The request shall be accompanied by a document on school letterhead stating (1) that the child is enrolled in high school and (2) the date on which the child is expected to graduate.

CRITICAL

Reply briefs or papers supporting summary judgment must be filed at least 15 days before the hearing date.

Reply briefs or other papers in support of such motions shall be filed not less than 15 days before the hearing date.

CRITICAL

Deadline

7 calendar days

Applies to

Opposition

Papers opposing the covered motions must be filed no later than 7 calendar days before the hearing, including weekends and holidays.

B. All papers filed in opposition to such motions shall be filed no later than 7 calendar days (including Saturdays, Sundays and holidays) before the hearing date.

CRITICAL

The required trial-commencement documents must be filed no later than the commencement of trial.

To insure an efficient closure of the proceedings upon the conclusion of a trial, all parties at trial shall file the following at or before the commencement of the trial

CRITICAL

A plaintiff objecting to a motion to seal or redact an eviction record must file the attached response within 15 days after receiving the motion.

For Plaintiff: If you object to this motion to seal or redact, you must file the attached Plaintiff Response to Motion to Seal or Redact Eviction Record with the court no later than 15 days after receiving the motion.

CRITICAL

A party objecting to the form or substance of a proposed order must file a written objection and a consistent counter-order on or before the fifth business day after the court receives the order; the same filing, service, and holding procedures apply to objections to the counter-order.

B. On or before the fifth business day after the order is received by the court, any party that objects to the form of the proposed order or any failure of the proposed order to express the court’s intended or suggested order shall file a written objection accompanied by a proposed order consistent with the objection. The objection and counter-order shall be filed, served and held following the procedures in paragraph A. The provisions of this paragraph apply to objections to the counter-order.

CRITICAL

An objecting plaintiff must file the attached response with the court no later than 15 days after receiving the motion; otherwise, the court may proceed without the plaintiff and grant the request.

For Plaintiff: If you object to this motion to seal or redact, you must file the attached Plaintiff Response to Motion to Seal or Redact Eviction Record with the court no later than 15 days after receiving the motion. If you do not, the court may proceed without you and grant the request,

CRITICAL

A plaintiff objecting to a motion to seal or redact an eviction record must file the attached response with the court no later than 15 days after receiving the motion.

For Plaintiff: If you object to this motion to seal or redact, you must file the attached Plaintiff Response to Motion to Seal or Redact Eviction Record with the court no later than 15 days after receiving the motion.

CRITICAL

When the disputed issue involves spousal maintenance, property division, or child support, the opposing party must file a compliant current financial disclosure statement at or before the motion hearing.

E. To the extent the issue in dispute involves spousal maintenance, property division or child support, the party opposing the motion shall file, at or before the hearing on the motion, a current financial disclosure statement that complies with the requirements of Rule 5.12.D.1.

CRITICAL

Deadline

48 hours

Bail motions must be filed in writing at least 48 hours before the scheduled hearing unless the parties agree to shorten the notice period.

Bail motions shall be served and filed in writing at least 48 hours in advance of the scheduled hearing, unless the parties agree to shorten this notice period.

CRITICAL

A discovery motion must be filed within 30 days after the defendant's initial appearance.

2. A motion for discovery shall be made in writing and filed in person by the defendant or by an attorney with the court within thirty (30) days of initial appearance.

CRITICAL

Deadline

5 business days

An earnings garnishment notice must be filed with the Clerk’s office no later than 5 business days after the garnishee is served.

B. The Clerk’s office may issue earnings Garnishment forms upon payment of the appropriate fee and prior to the filing of the earnings garnishment notice provided that the earnings garnishment notice is filed with the Clerk’s office no later than 5 business days after the date the garnishee is served.

CRITICALCivil cases

Applies to

Dispositive motion

All dispositive motions governed by Local Rules 3.14 and 3.15 must be filed by the stated scheduling deadline.

On or before _________________________, all dispositive motions governed by Local Rules 3.14 and 3.15 shall be filed.

CRITICAL

Response briefs or papers opposing summary judgment must be filed at least 25 days before the hearing date.

Briefs or other papers in response to such motions shall be filed not less than 25 days before the hearing date.

CRITICAL

Applies to

Response papers

Briefs or other response papers must be filed at least 25 days before the hearing.

B. Briefs or other papers in response to such motions shall be filed not less than 25 days before the hearing date.

CRITICAL

Non-dispositive motions and supporting papers, subject to the listed exceptions, must be filed at least 15 days before the hearing.

A. Except for motions to dismiss, for judgment on the pleadings and for summary judgment or partial summary judgment (see Rules 3.14 and 3.15) and motions for temporary restraining orders (see Rule 3.13), all motions and supporting papers shall be filed not less than 15 days before the hearing date.

CRITICAL

A request for review of a Family Court Commissioner’s denial of a Chapter 813 temporary restraining order or injunction hearing must be made as soon as possible and no later than 10 days after the decision, in writing or in person, to the deputy court clerk assigned to the daytime duty judge.

The request for review may be made in writing or in person and shall be filed with or made to the deputy court clerk assigned to the daytime duty judge. The request shall be made as soon as possible but no later than 10 days after the date of the decision of which review is sought.

CRITICALCivil cases

The Scheduling Conference Data Sheet must be filed one week before the scheduling conference.

# Scheduling Conference Data Sheet- to be Filed One Week Prior to Scheduling Conference

CRITICAL

Applies to

Reply brief

Reply briefs or other supporting papers must be filed at least 15 days before the hearing.

C. Reply briefs or other papers in support of such motions shall be filed not less than 15 days before the hearing date.

CRITICAL

A motion to dismiss or for judgment on the pleadings must generally be filed at least 45 days before the hearing, subject to the stated debt-default exception in paragraph D.

A. Motions to dismiss or for judgment on the pleadings shall be filed not less than 45 days before the hearing date, except as provided in paragraph D.

CRITICAL

Attorneys must promptly report a settlement or dismissal and file the stipulation and order no later than 30 days after the scheduled hearing date.

Attorneys shall promptly notify the deputy clerk of the assigned court or the acting circuit court commissioner of a settlement or dismissal of a contest and shall file a stipulation and order not later than 30 days after the scheduled hearing date.

WARNING

Deadline

15 business days

A request for review of a Family Court Commissioner decision must be made by motion and filed in the assigned case branch no later than 15 business days after the event identified in the source text.

A. Except as provided in Rule 5.38 (review of decisions of the Family Court Commissioner in Chapter 813 Actions), any order, ruling or decision of the Family Court Commissioner is subject to de novo review pursuant to Wis. Stat. § 757.69(8) by the judge to whom the case is assigned, at the request of any party to the action, including the guardian ad litem. B. A request for review shall by made by motion. The motion shall be filed in the branch to which the case is assigned no later than 15 business days after the

WARNING

The Civil Division Scheduling Order must specify whether the parties agree to use the rule's briefing deadlines instead of those in Wis. Stat. § 802.08(2).

The Civil Division Scheduling Order shall designate whether the parties agree to comply with the briefing deadlines set forth in this rule in place of the briefing deadlines set forth in Wis. Stat. § 802.08(2).

WARNING

Motion hearings generally must be scheduled on Monday mornings, subject to Rule 1.19, contrary law, or the court’s discretion.

Subject to the provisions of Rule 1.19 (obtaining hearing dates), motion hearings shall be scheduled on Monday mornings, except as otherwise provided by law or scheduled at the discretion of the court.

WARNING

The five-day rule for proposed orders does not apply to temporary guardianship orders, pick-up orders, temporary physical custody orders, orders agreed to in writing by all parties, or specified guardianship or termination-of-parental-rights orders submitted on Supreme Court forms without addenda.

Local Rule 1.21 (the “five-day rule”) applies to all such proposed orders, except temporary guardianship orders, pick-up orders, temporary physical custody orders, orders agreed to in writing by all parties, and orders for guardianship or termination of parental rights submitted on Supreme Court forms without any addenda.

WARNING

The five-day rule for proposed orders does not apply to temporary guardianship, pick-up, temporary physical custody, fully written agreed, or specified Supreme Court-form guardianship or termination orders.

Local Rule 1.21 (the "five-day rule") applies to all such proposed orders, except temporary guardianship orders, pick-up orders, temporary physical custody orders, orders agreed to in writing by all parties, and orders for guardianship or termination of parental rights submitted on Supreme Court forms without any addenda.