Most Family Court hearings are before Commissioner Burns. The general schedule is as follows:
Monday – no hearings
Tuesday – Telephone pretrial conferences are scheduled from 1:30 p.m. to approximately 3:00 p.m. in cases where all parties are represented by counsel. Each hearing is scheduled for 10 minutes in chambers and counsel call in. Clients are not allowed to participate. The telephone number may be obtained by emailing staff at email@example.com. These hearings are not available to self-represented parties.
Wednesday- Child Support Agency hearings are scheduled on Wednesday mornings from 8:30 a.m. to approximately 10:30 a.m. Each 15 minute slot has 2 hearings scheduled. Pretrial hearings are scheduled in 15 minute increments beginning approximately 10:45 a.m. until noon. Motion and Order to Show Cause hearings are scheduled from 1:00 p.m. to 4:00 p.m. on Wednesdays in 30 minute intervals. Hearings are conducted by offers of proof unless the Court Commissioner has otherwise specified in advance.
Thursday – The Commissioner may schedule additional hearings on the first and third Thursdays of the month from 9:00 a.m. to noon if the Wednesday calendar is full or if other circumstances warrant. Hearings are scheduled for a maximum of 30 minutes.
Friday – no hearings
Commissioner Burns holds hearings in the Hearing Room on the main floor of the Green County Justice Center. If you need to appear by telephone you must email the Family Court Office at least 2 days before your hearing. If you receive permission, you will be given the number to call for that hearing.
Getting a Hearing
Before you can get any hearing scheduled, the Summons and Petition must be filed with the Clerk of Court. If that is already done, the person who wants the hearing must file a motion or order to show cause that tells the court and the other party what is requested and the facts that support what is requested.
Forms with instructions can be downloaded from links on our Forms and Form Sources Page. Please make sure you read all of the instructions, complete all portions of the document, and that you print clearly. Hearings on motions and orders to show cause are generally scheduled for 30 minutes.
Most pre-judgment, and many post-judgment hearings, are not evidentiary. That means that witnesses are usually not called to testify. Instead, the Commissioner listens to the arguments of the parties or attorneys, supported by offers of proof, and makes a decision without hearing testimony.
In very rare cases, testimony of parties or witnesses is necessary for the Commissioner to understand the facts and make a decision. Testimony of the parties may be taken at any hearing. If you want a hearing with witnesses, you should be sure to ask for that when you send your documents to the Court Commissioner’s Office to get a hearing date. The Commissioner will decide if the witness will be permitted to testify.
If your witness is allowed, you should make arrangements to have them at the hearing. If someone important cannot come because of work or other obligations, the Commissioner may allow them to testify by telephone. If you want someone to testify by telephone, you must email the Family Court at least 4 days prior to your hearing to get advance permission.
In hearings where witnesses testify, the Commissioner will limit each party to a limited time and limited number of witnesses.
Stipulated Divorce Hearings
Before you can get a date and time for a stipulated final hearing, each party must file an updated financial statement, a marital settlement agreement covering all issues, a divorce/annulment worksheet, and a confidential petition addendum. Other documents may be needed in certain cases. When neither party is represented by an attorney, an original plus 3 copies of the proposed Findings of Fact, Conclusions of Law and Judgment of Divorce must also be filed with the Clerk of Court before the final stipulated hearing will be scheduled in front of a Circuit Court Judge.