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TCA 19

John Doe Extension Procedures

activein force · 2024-02-23 – presentact-effective-date

(a) Motions to extend: A motion to extend may be filed by the circuit court judge assigned to the John

Doe case, the district attorney, or a petitioner under Wis. Stat. 968.26(2). Motions to extend filed by

the circuit court judge may be made in letter format and should identify the case number and provide

the good cause reasons to extend the John Doe proceeding. Motions to extend filed by the district

attorney or a petitioner under Wis. Stat. 968.26(2) shall be made by formal motion, along with an

affidavit of essential facts for the determination of good cause.

Motions to extend shall be filed 21 days prior to the expiration of the 6-month time period as set

in Wis. Stat. 968.26(5)(a). If the Motion to extend is not filed within 21 days prior to the

expiration of the 6-month deadline, the majority of the committee of chief judges may extend the

deadline for good cause demonstrated by the movant.

Motions to extend by letter or formal motion shall be filed with the chief judge of the

administrative district in which the John Doe case is filed.

(b) Determination of motions to extend: The chief judge of the administrative district in which the

John Doe case is filed shall forward the motion to the chief of the chief judges for distribution to

the other chief judges and shall ensure that the other chief judges have electronic access to the John

Doe case file. The chief of the chief judges shall confer with the other chief judges in person,

electronically, or telephonically to determine if the motion may be decided with or without hearing.

(c) Hearing on motions to extend: If a majority of chief judges indicate that a hearing is necessary, the

following procedures shall be used:

(1) The hearing shall be held in the chief of the chief’s courtroom and a verbatim record shall

be made by a court reporter.

(2) Any participant in the hearing, including the assigned circuit court judge, petitioner, the

district attorney, or another chief judge, is permitted to appear via video conferencing.

(3) A chief judge designated by the chief of the chiefs from the majority of the chief judges who

voted for a hearing shall call and subpoena any witness necessary for the determination of

good cause.

(4) The chief of the chief judges shall preside over the hearing and any chief judge shall be

permitted to question any witnesses called. Further questioning by other participants is in

the discretion of the chief of the chief judges.

(d) Deliberations on motions to extend: If a majority of chief judges indicate a hearing is unnecessary,

or after the hearing described in (c) has concluded, deliberation on whether to grant the Motion to

Extend and voting on the issue shall occur off the record, either in person, electronically, or

telephonically.

(e) Decisions on motions to extend: The decision to extend or not to extend the John Doe case shall be

made in writing by the chief of the chief judges and the decision shall indicate the vote of each chief

judge. This decision shall be filed with the director of state courts office, in the John Doe case file, and

be provided to each chief judge and the participants.

History

(Adopted: 02/23/24)

Provenance

Source
www.wicourts.gov
Retrieved
2026-09-23
Edition
2026-09-23
Content hash
3f097b4cbdb4fded1525021ec50e25266348f26f77674979b51fe0836e35975f
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TCA 19 — John Doe Extension Procedures · binding.law