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December 2, 2003
ADM File No. 2003-23
Administrative Order 2003-7
Caseflow Management Guidelines
On order of the Court, notice of the proposed order and an opportunity for
comment in writing and at a public hearing having been provided, and consideration
having been given to the comments received, this administrative order is adopted,
effective January 1, 2004.
The management of the flow of cases in the trial court is the responsibility of the
judiciary. In carrying out that responsibility, the judiciary must balance the rights and
interests of individual litigants, the limited resources of the judicial branch and other
participants in the justice system, and the interests of the citizens of this state in having an
effective, fair, and efficient system of justice.
Accordingly, on order of the Court,
A. The State Court Administrator is directed, within available resources, to:
1. assist trial courts in implementing caseflow management plans that
incorporate case processing time guidelines established pursuant to
this order;
2. gather information from trial courts on compliance with caseflow
management guidelines; and
3. assess the effectiveness of caseflow management plans in achieving
the guidelines established by this order.
B. Trial courts are directed to:
1. maintain current caseflow management plans consistent with case
processing time guidelines established in this order, and in
cooperation with the State Court Administrative Office;
2. report to the State Court Administrative Office caseflow
management statistics and other caseflow management data required
by that office; and
3. cooperate with the State Court Administrative Office in assessing
caseflow management plans implemented pursuant to this order.
On further order of the Court, the following time guidelines for case processing are
provided as goals for the administration of court caseloads. These are only guidelines and
are not intended to supersede procedural requirements in court rules or statutes for
specific cases, or to supersede reporting requirements in court rules or statutes.
Note: The phrase "adjudicated" refers to the date a case is reported in Part 2 of the
caseload report forms and instructions. Aging of a case is suspended for the time a case
is inactive as defined in Parts 2 and 4 of the caseload report forms and instructions. Refer
to these specific definitions for details.
Probate Court Guidelines.
1. [Estate, Trust, Guardianship, and Conservatorship Proceedings.]
75% of all contested matters should be adjudicated within 182 days from the
date of the filing of objection; 90% within 273 days; and 100% within 364
days except for individual cases in which the court determines exceptional
circumstances exist and for which a continuing review should occur.
2. [Mental Illness Proceedings; Judicial Admission Proceedings]. 90%
of all petitions should be adjudicated within 14 days from the date of filing
and 100% within 28 days.
3. [Civil Proceedings. ]75% of all cases should be adjudicated within
364 days from the date of case filing; 95% within 546 days; and 100% within
728 days except for individual cases in which the court determines
exceptional circumstances exist and for which a continuing review should
occur.
4. [Miscellaneous Proceedings.] 100% of all petitions should be
adjudicated within 35 days from the date of filing.
District Court Guidelines.
1. [Civil Proceedings.]
a. General Civil. 90% of all general civil and miscellaneous civil cases
should be adjudicated within 273 days from the date of case filing;
98% within 364 days; and 100% within 455 days except for individual
cases in which the court determines exceptional circumstances exist
and for which a continuing review should occur.
b. Summary Civil. 100% of all small claims, landlord/tenant, and land
contract actions should be adjudicated within 126 days from the date
of case filing except, in those cases where a jury is demanded, actions
should be adjudicated within 154 days from the date of case filing.
2. [Felony, Misdemeanor, and Extradition Detainer Proceedings.]
a. Misdemeanor. 90% of all statute and ordinance misdemeanor cases,
including misdemeanor drunk driving and misdemeanor traffic,
should be adjudicated within 63 days from the date of first
appearance; 98% within 91 days; and 100% within 126 days.
b. Felony and Extradition/Detainer. 100% of all preliminary
examinations in felony, felony drunk driving, felony traffic, and
extradition/detainer cases should be commenced within 14 days of
arraignment unless good cause is shown.
3. [Civil Infraction Proceedings.] 90% of all civil infraction cases,
including traffic, nontraffic, and parking cases, should be adjudicated
within 35 days from the date of filing; 98% within 56 days; and 100%
within 84 days.
Circuit Court Guidelines.
1. [Civil Proceedings.] 75% of all cases should be adjudicated within
364 days from the date of case filing; 95% within 546 days; and 100% within
728 days except for individual cases in which the court determines
exceptional circumstances exist and for which a continuing review should
occur.
2. [Domestic Relations Proceedings.]
a. Divorce Without Children. 90% of all divorce cases without children
should be adjudicated within 91 days from the date of case filing; 98%
within 273 days; and 100% within 364 days.
b. Divorce With Children. 90% of all divorce cases with children should
be adjudicated within 245 days from the date of case filing; 98%
within 301 days; and 100% within 364 days.
c. Paternity. 90% of all paternity cases should be adjudicated within 147
days from the date of case filing and 100% within 238 days.
d. Responding Interstate for Registration. 100% of all incoming
interstate actions should be filed within 24 hours of receipt of order
from initiating state.
e. Responding Interstate Establishment. 90% of all incoming interstate
actions to establish support should be adjudicated within 147 days
from the date of case filing and 100% within 238 days.
f. Child Custody Issues, Other Support, and Other Domestic Relations
Matters. 90% of all child custody, other support, and other domestic
relations issues not listed above should be adjudicated within 147 days
from the date of case filing and 100% within 238 days.
3. [Delinquency Proceedings.] Where a minor is being detained or is
held in court custody, 90% of all original petitions or complaints should have
adjudication and disposition completed within 84 days from the authorization
of the petition and 100% within 98 days. Where a minor is not being
detained or held in court custody, 75% of all original petitions or complaints
should have adjudication and disposition completed within 119 days from the
authorization of the petition; 90% within 182 days; and 100% within 210
days.
4. [Child Protective Proceedings. ]Where a child is in out-of-home
placement (foster care), 90% of all original petitions should have
adjudication and disposition completed within 84 days from the authorization
of the petition and 100% within 98 days. Where a child is not in out-of-
home placement (foster care), 75% of all original petitions should have
adjudication and disposition within 119 days from the authorization of the
petition; 90% within 182 days; and 100% within 210 days.
5. [Designated Proceedings.] 90% of all original petitions should be
adjudicated within 154 days from the designation date and 100% within 301
days. Minors held in custody should be afforded priority for trial.
6. [Juvenile Traffic and Ordinance Proceedings.] 90% of all citations
should have adjudication and disposition completed within 63 days from the
date of first appearance; 98% within 91 days; and 100% within 126 days.
7. [Adoption Proceedings.]
a. Petitions for Adoption. 90% of all petitions for adoption should be
finalized or otherwise concluded within 287 days from the date of
filing and 100% within 364 days.
b. Petitions to Rescind Adoption. 100% of all petitions to rescind
adoption should be adjudicated within 91 days from the date of filing.
8. [Miscellaneous Family Proceedings.
]a. Name Change. 100% of all petitions should be adjudicated within
91 days from the date of filing.
b. Safe Delivery. 100% of all petitions should be adjudicated within 273
days from the date of filing.
c. Personal Protection. 100% of all petitions filed ex parte should be
adjudicated within 24 hours of filing. 90% of all petitions not filed ex
parte should be adjudicated within 14 days from the date of filing and
100% within 21 days.
d. Emancipation of Minors. 100% of all petitions should be adjudicated
within 91 days from the date of filing.
e. Infectious Diseases. 100% of all petitions should be adjudicated
within 91 days from the date of filing.
f. Parental Waiver. 100% of all petitions should be adjudicated within 5
days from the date of filing.
9. [Ancillary Proceedings.
]
a. Guardianship and Conservatorship Proceedings. 75% of all contested
matters should be adjudicated within 182 days from the date of filing;
90% within 273 days; and 100% within 364 days.
b. Mental Illness Proceedings; Judicial Admission. 90% of all petitions
should be adjudicated within 14 days from the date of filing and 100%
within 28 days.
10. [Criminal Proceedings.] 90% of all felony cases should be
adjudicated within 91 days from the date of entry of the order binding the
defendant over to the circuit court; 98% within 154 days; and 100% within
301 days. Incarcerated persons should be afforded priority for trial.
11. [Appellate, Administrative Review, and Extraordinary Writ
Proceedings.]
a. Appeals from Courts of Limited Jurisdiction. 100% of all appeals to
circuit court from courts of limited jurisdiction should be adjudicated
within 182 days from the filing of the claim of appeal.
b. Appeals from Administrative Agencies. 100% of all appeals to the
circuit court from administrative agencies should be adjudicated
within 182 days from the filing of the claim of appeal.
c. Extraordinary Writs. 98% of all extraordinary writ requests should be
adjudicated within 35 days from the date of filing and 100% within 91
days.
12. [Matters Submitted to the Judge.] Matters under submission to a
judge or judicial officer should be promptly determined. Short deadlines
should be set for presentation of briefs and affidavits and for production of
transcripts. Decisions, when possible, should be made from the bench or
within a few days of submission; otherwise a decision should be rendered no
later than 35 days after submission.
Administrative Order No. 1991-4 is rescinded.
Staff Comment: In response to jurisdictional changes in the courts and changes in
court rules and statutes, Administrative Order 2003-7, adopted December 2, 2003, to be
effective January 1, 2004, updated caseflow management guidelines originally created by
Supreme Court Administrative Order No. 1991-4.
The staff comment is not an authoritative construction by the Court.