Chapter 800, MUNICIPAL COURT PROCEDURE

800.001 Definitions. In this chapter: (1) “Judicial administrative district” means the judicial administrative district having the largest portion of the population in the jurisdiction served by the municipal court. (2) “Municipality” means the city, village, or town that governs…

800.005 Time. The provisions of s. 801.15 (1) and (5) apply to actions in municipal court. History: 2019 a. 70.

800.01 Commencement of action. (1) In municipal court, ordinance violation cases are commenced when the complaint or citation is filed with or transmitted to the court. (2) The municipal court has jurisdiction over a defendant when any of the following conditions is met: (a) The …

800.02 Form of citation, complaint, summons and warrant in municipal ordinance violation cases. (1) ACTION. An action in municipal court for violation of a municipal ordinance is a civil action, and the forfeiture or penalty im- 800.07 800.08 800.085 800.09 800.093 800.095 800.10…

800.025 Amended citation and complaint. A citation or complaint under s. 800.02 may be amended by the municipality prior to the initial appearance of the defendant. A copy of the amended citation or complaint shall be served personally on the defendant or sent to the defendant by…

800.035 Initial appearance. (1) A defendant may make an initial appearance in person or by submitting a written response to the citation or complaint except when the judge has required an appearance under s. 800.02 (2) (ag) 4. For the purposes of this section, if a defendant is a…

800.037 Deposit amount and schedule. The deposit in traffic cases shall be made as provided in s. 345.26. In boating cases, the deposit shall be made as provided in s. 23.66 and 23.67. The municipal court, with the approval of the governing body of the municipality, shall set the…

800.045 Pretrial conferences. (1) The municipal judge may schedule a pretrial conference. Upon agreement of the parties, the parties may waive a pretrial conference. (2) If the defendant does not appear at the pretrial conference, the court may proceed under s. 800.035 (8) or (9)…

800.05 Substitution or disqualification of municipal judge. (1) A defendant may file a written request for a substitution of a new judge for the municipal judge assigned to the trial of that case. The written request shall be filed not later than 7 days after the initial appearan…

800.06 Illness, absence or vacancy; pending actions triable by court which receives papers; continuance on vacancy and notice of trial. (1) If any municipal judge is to be temporarily absent or is sick or disabled, the municipal judge may, subject to the order of the chief judge …

800.065 Reserve municipal judges. (1) DEFINITIONS. In this section, “ reserve municipal judge” means a former municipal judge who has complied with s. 755.03 and is appointed by the chief judge of the former municipal judge’s judicial administrative district to perform such speci…

800.07 Discovery in municipal court. Neither party is entitled to pretrial discovery in any action in municipal court, including refusal hearings held by a municipal court under s. 343.305 (9), except that if the defendant moves for pretrial discovery within 30 days after the ini…

800.08 Procedure at trial. (1) At trial the plaintiff shall provide a prosecutor who is an attorney authorized or licensed to practice law in this state. The plaintiff shall first offer evidence in support of the citation or complaint. The defendant may offer evidence after the p…

800.085 Telephone and audiovisual proceedings. At any proceeding under this chapter, a party, witness, or interpreter may appear by telephone or by audiovisual means if any of the following applies: (1) The parties so stipulate and the court approves. (2) The court finds good cau…

800.09 Judgment. (1b) If the court finds a defendant guilty, the court may render judgment by ordering any of the following: (a) A forfeiture, plus costs, fees, and surcharges imposed under ch. 814. (b) Community service work. (c) An operating privilege suspension or revocation i…

800.093 Restitution. (1) The court, in addition to ordering any payment authorized by law, may order a defendant to make full or partial restitution under this section to any victim or, if the victim is deceased, to his or her estate if the court finds all of the following: (a) T…

800.095 Nonpayment of monetary judgment. (1) If the defendant fails to pay a monetary judgment ordered by the court, the court may order any one of the following, or any combination of the following, except as provided in sub. (3): (a) Suspension of the defendant’s operating priv…

800.10 Fees and costs in municipal court. (1) Fees and costs in municipal court are prescribed in ch. 814. (2) All forfeitures, fees, surcharges, and costs paid to a municipal court under a judgment before a municipal judge shall be reported and paid to the municipal treasurer wi…

800.11 Municipal court record and transcript entries. (1) Every municipal court shall keep a court record in which the court shall enter, in actions to which they relate: (a) The title of every action commenced before the municipal court, including the name and address of the def…

800.115 Relief from judgment. (1) A defendant may within 6 months after the judgment is entered move for relief from the judgment because of mistake, inadvertence, surprise, or excusable neglect. (2) Any party, including the court on its own motion, may at any time move to reopen…

800.12 Municipal court contempt procedure. (1) In this section, “contempt of court” means any of the following intentional acts: (a) Misconduct in the presence of the court that interferes with the court proceeding or with the administration of justice, or that impairs the respec…

800.13 Recording in municipal court. (1) Every proceeding in which testimony is taken under oath or affirmation, hearing on a motion under s. 800.115, and hearing regarding whether the defendant is unable to pay the judgment because of poverty, as that term is used in s. 814.29 (…

800.14 Appeal from municipal court decision. (1) Appeals from judgments, decisions on motions brought under s. 800.115, or determinations regarding whether the defendant is unable to pay the judgment because of poverty, as that term is used in s. 814.29 (1) (d), may be taken by e…