Wisconsin Motion for Continuance

Introduction

Key Things to Know

1. 1

   Civil cases use an order enlarging time on motion for cause shown and upon just terms (Wis. Stat. 801.15(2)(a)). Small claims and eviction cases use the word adjournment (Wis. Stat. 799.27), and 799.27(3) also refers to a continuance by consent.

2. 2

   The hearing or trial date stands until the court grants your request. Attend unless the court tells you in writing or in open court that the date has moved.

3. 3

   Wisconsin does not list approved grounds for a civil continuance in the statutes covered here. The judge looks at whether you showed cause, and a bare request may not be enough, so state specific facts.

4. 4

   A civil motion for enlargement of time must be a written motion. An affidavit is optional, but if the motion is supported by one, the order can refer to it for the grounds. The order must recite the grounds, by its terms or by reference to an affidavit in the record (Wis. Stat. 801.15(2)(a), (4)).

5. 5

   Serve the written motion and the notice of hearing on the other side not later than 5 days before the time set for the hearing on the motion, unless a statute or court order fixes a different period (Wis. Stat. 801.15(4)).

6. 6

   A motion made after the time has already expired requires a showing of excusable neglect (Wis. Stat. 801.15(2)(a)). In small claims, the judge may extend time for good cause shown, except the time for taking an appeal, on terms the court considers just unless the parties consent (Wis. Stat. 799.27(2), (3)).

7. 7

   Small claims: a party who appears on the return date is entitled, on request, to an adjournment of at least 7 days (non-eviction). Eviction: no adjournment except for cause shown or with the plaintiff's consent (Wis. Stat. 799.27(1)). Family court rules are not covered here.

Wisconsin Requirements for Motion for Continuance

• Enlargement of Time on Cause Shown

  Wis. Stat. 801.15(2)(a) lets the court enlarge a period only on motion for cause shown and upon just terms.

• Written Motion Required

  A civil request is made by written motion (Wis. Stat. 801.15(2)(a), (4)). An affidavit is optional, and the order must recite the grounds by its terms or by reference to an affidavit in the record.

• Five Day Notice of Hearing

  A written motion and notice of hearing must be served not later than 5 days before the time set for the hearing on the motion, unless a statute or court order fixes a different period (Wis. Stat. 801.15(4)).

• Excusable Neglect for Late Motions

  A motion made after the time has expired requires excusable neglect (Wis. Stat. 801.15(2)(a)).

• Small Claims Seven Day Adjournment

  In a non-eviction small claims case, a party who appears on the return date is entitled, on request, to an adjournment of at least 7 days (Wis. Stat. 799.27(1)). Otherwise good cause is required under 799.27(2).

• Eviction Adjournment Limit

  No adjournment is granted in an eviction action except for cause shown or with the plaintiff's consent (Wis. Stat. 799.27(1)).

• Consent Continuance Terms

  In small claims and eviction cases, a continuance by consent of the parties needs no terms (Wis. Stat. 799.27(3)). Otherwise the court sets terms it considers just. The hearing date stands until the court rules.

• Grounds Stated in the Order

  The order of enlargement must recite its grounds by its terms or by reference to an affidavit in the record, so the motion should state specific facts (Wis. Stat. 801.15(2)(a)).