• Foreword
• Table of Contents
• Introduction

§2.02 Rehearing

[1] Availability
[2] Determination of Request
[3] De Novo Review

[1] Availability

If you are a referee or a commissioner assigned as a referee who is not acting as a temporary judge, you must inform the child and parent or guardian when making findings and entering orders that they may seek review by a juvenile court judge. [See WIC §248; CRC 5.538(a)(2), (b).] A child, parent, guardian, or the DSS may apply for a rehearing at any time up to 10 days after the service of a written order. [WIC §252; CRC 5.542(a).]

[2] Determination of Request

If the proceedings were recorded, the reviewing judge must rule on the request for rehearing based on the transcripts. [WIC §252; CRC 5.542(c).] If there is no transcript or the judge fails to rule within 20 days of receipt (or a maximum of 45 days with an extension), the request must be granted. [WIC §252; CRC 5.542(b), (c).]

If you are a referee and make a decision that requires judicial approval, your order becomes final 10 calendar days after it is served, or 20 judicial days after the hearing, whichever is later. If your decision does not require judicial approval, a judge may order a rehearing within 20 judicial days of the hearing, but not more than 10 days following service of the order. [In re Clifford C. (1997) 15 C4th 1085, 1093.]

[3] De Novo Review

Detention rehearings are conducted de novo within two court days after an application is granted. All other matters are reheard within 10 court days. [WIC §254; CRC 5.542(e).]