Chapter 971, CRIMINAL PROCEDURE — PROCEEDINGS BEFORE AND AT TRIAL

971.01 Filing of the information. (1) The district attorney shall examine all facts and circumstances connected with any preliminary examination touching the commission of any crime if the defendant has been bound over for trial and, subject to s. 970.03 (10), shall file an infor…

971.02 Preliminary examination; when prerequisite to an information or indictment. 971.02(1)(1) If the defendant is charged with a felony in any complaint, including a complaint issued under s. 968.26, or when the defendant has been returned to this state for prosecution through …

971.025 Forms. (1) In all criminal actions and proceedings and actions and proceedings under chapters 48 and 938 in circuit court, the parties and court officials shall use the standard court PROCEEDINGS BEFORE AND AT TRIAL forms adopted by the judicial conference under s. 758.18…

971.027 Protected information. The provisions of ss. 801.19 to 801.21 are applicable in criminal cases. History: Sup. Ct. Order No. 14-04, 2015 WI 89, 364 Wis. 2d xv.

971.03 Form of information. The information may be in the following form: STATE OF WISCONSIN, .... County, In .... Court. The State of Wisconsin vs. .... (Name of defendant). I, .... district attorney for said county, hereby inform the court that on the .... day of ...., in the y…

971.04 Defendant to be present. (1) Except as provided in subs. (2) and (3), the defendant shall be present personally or as provided under s. 967.08: (a) At the arraignment; (b) At trial; (c) During voir dire of the trial jury; (d) At any evidentiary hearing; (e) At any view by …

971.05 Arraignment. If the defendant is charged with a felony, the arraignment may be in the trial court or the court which conducted the preliminary examination or accepted the defendant’s waiver of the preliminary examination. If the defendant is charged with a misdemeanor, the…

971.06 Pleas. (1) A defendant charged with a criminal offense may plead as follows: (a) Guilty. (b) Not guilty. (c) No contest, subject to the approval of the court. (d) Not guilty by reason of mental disease or defect. This plea may be joined with a plea of not guilty. If it is …

971.07 Multiple defendants. Defendants who are jointly charged may be arraigned separately or together, in the discretion of the court.

971.08 Pleas of guilty and no contest; withdrawal thereof. (1) Before the court accepts a plea of guilty or no contest, it shall do all of the following: (a) Address the defendant personally and determine that the plea is made voluntarily with understanding of the nature of the c…

971.09 Plea of guilty to offenses committed in several counties. (1) Any person who admits that he or she has committed crimes in the county in which he or she is in custody and also in another county in this state may apply to the district attorney of the county in which he or s…

971.095 Consultation with and notices to victim. (1) In this section: (a) “District attorney” has the meaning given in s. 950.02 (2m). (b) “Victim” has the meaning given in s. 950.02 (4). (2) In any case in which a defendant has been charged with a crime, the district attorney sh…

971.10 Speedy trial. (1) In misdemeanor actions trial shall commence within 60 days from the date of the defendant’s initial appearance in court. (2) (a) The trial of a defendant charged with a felony shall commence within 90 days from the date trial is demanded by any party in w…

971.105 Child victims and witnesses; duty to expedite proceedings. In all criminal and delinquency cases, juvenile fact-finding hearings under s. 48.31 and juvenile dispositional hearings involving a child victim or witness, as defined in s. 950.02, the court and the district att…

971.106 Elder person victims and witnesses; duty to expedite proceedings. (1) In this section, “elder person” means any individual who is 60 years of age or older. (2) In all criminal and delinquency cases and juvenile dispositional hearings involving a victim or witness who is a…

971.108 Elder person victims and witnesses; duty to preserve testimony. (1) In this section, “elder person” means any individual who is 60 years of age or older. (2) In all criminal and delinquency cases and juvenile dispositional hearings involving a crime victim or witness who …

971.109 Freezing assets of a person charged with financial exploitation of an elder person or an adult at risk. (1) DEFINITIONS. In this section: (ac) “Adult at risk” has the meaning given in s. 55.01 (1e). (am) “Elder person” means any individual who is 60 years of age or older.…

971.11 Prompt disposition of intrastate detainers. (1) Whenever the warden or superintendent receives notice of an untried criminal case pending in this state against an inmate of a state prison, the warden or superintendent shall, at the request of the inmate, send by certified …

971.12 Joinder of crimes and of defendants. 971.12(1)(1) Joinder of crimes. Two or more crimes may be charged in the same complaint, information or indictment in a separate count for each crime if the crimes charged, whether felonies or misdemeanors, or both, are of the same or s…

971.13 Competency. (1) No person who lacks substantial mental capacity to understand the proceedings or assist in his or her own defense may be tried, convicted or sentenced for the commission of an offense so long as the incapacity endures. (2) A defendant shall not be determine…

971.14 Competency proceedings. (1g) DEFINITION. In this section, “department” means the department of health services. (1r) PROCEEDINGS. (a) The court shall proceed under this section whenever there is reason to doubt a defendant’s competency to proceed. (b) If reason to doubt co…

971.15 Mental responsibility of defendant. (1) A person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect the person lacked substantial capacity either to appreciate the wrongfulness of his or her conduct or conform his…

971.16 Examination of defendant. (2) If the defendant has entered a plea of not guilty by reason of mental disease or defect or there is reason to believe that mental disease or defect of the defendant will otherwise become an issue in the case, the court may appoint at least one…

971.165 Trial of actions upon plea of not guilty by reason of mental disease or defect. (1) If a defendant couples a plea of not guilty with a plea of not guilty by reason of mental disease or defect: (a) There shall be a separation of the issues with a sequential order of proof …

971.17 Commitment of persons found not guilty by reason of mental disease or mental defect. (1) COMMITMENT PERIOD. (a) Felonies committed before July 30, 2002. Except as provided in par. (c), when a defendant is found not guilty by reason of mental disease or mental defect of a f…

971.18 Inadmissibility of statements for purposes of examination. A statement made by a person subjected to psychiatric examination or treatment pursuant to this chapter for the purposes of such examination or treatment shall not be admissible in evidence against the person in an…

971.19 Place of trial. (1) Criminal actions shall be tried in the county where the crime was committed, except as otherwise provided. (2) Where 2 or more acts are requisite to the commission of any offense, the trial may be in any county in which any of such acts occurred. (3) Wh…

971.20 Substitution of judge. (1) DEFINITION. In this section, “action” means all proceedings before a court from the filing of a complaint to final disposition at the trial level. (2) ONE SUBSTITUTION. In any criminal action, the defendant has a right to only one substitution of…

971.22 Change of place of trial. (1) The defendant may move for a change of the place of trial on the ground that an impartial trial cannot be had in the county. The motion shall be made at arraignment, but it may be made thereafter for cause. (2) The motion shall be in writing a…

971.223 Change of place of trial for certain violations. (1) In an action for a violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19, or for a violation of any other law arising from or in relation to the official functions of the subject of the investigation …

971.225 Jury from another county. (1) In lieu of changing the place of trial under s. 971.22 (3) or 971.223, the court may require the selection of a jury under sub. (2) if: (a) The court has decided to sequester the jurors after the commencement of the trial, as provided in s. 9…

971.23 Discovery and inspection. 971.23(1)(1) What a district attorney must disclose to a defendant. Upon demand, the district attorney shall, within a reasonable time before trial, disclose to the defendant or his or her attorney and permit the defendant or his or her attorney t…

971.26 Formal defects. No indictment, information, complaint or warrant shall be invalid, nor shall the trial, judgment or other proceedings be affected by reason of any defect or imperfection in matters of form which do not prejudice the defendant. The fact that the information …

971.27 Lost information, complaint or indictment. In the case of the loss or destruction of an information or complaint, the district attorney may file a copy, and the prosecution shall proceed without delay from that cause. In the case of the loss or destruction of an indictment…

971.28 Pleading judgment. In pleading a judgment or other determination of or proceeding before any court or officer, it shall be sufficient to state that the judgment or determination was duly rendered or made or the proceeding duly had. PROCEEDINGS BEFORE AND AT TRIAL 971.31

971.29 Amending the charge. (1) A complaint or information may be amended at any time prior to arraignment without leave of the court. (2) At the trial, the court may allow amendment of the complaint, indictment or information to conform to the proof where such amendment is not p…

971.30 Motion defined. (1) ‘‘Motion” means an application for an order. (2) Unless otherwise provided or ordered by the court, all motions shall meet the following criteria: (a) Be in writing. (b) Contain a caption setting forth the name of the court, the venue, the title of the …

971.31 Motions before trial. (1) Any motion which is capable of determination without the trial of the general issue may be made before trial. (2) Except as provided in sub. (5), defenses and objections based on defects in the institution of the proceedings, insufficiency of the …

971.315 Inquiry upon dismissal. Before a court dismisses a criminal charge against a person, the court shall inquire of the district attorney whether he or she has complied with s. 971.095 (2). History: 1997 a. 181.

971.32 Ownership, how alleged. In an indictment, information or complaint for a crime committed in relation to property, it shall be sufficient to state the name of any one of several co-owners, or of any officer or manager of any corporation, limited liability company or associa…

971.33 Possession of property, what sufficient. In the prosecution of a crime committed upon or in relation to or in any way affecting real property or any crime committed by stealing, damaging or fraudulently receiving or concealing personal property, it is sufficient if it is p…

971.34 Intent to defraud. Where the intent to defraud is necessary to constitute the crime it is sufficient to allege the intent generally; and on the trial it shall be sufficient if there appears to be an intent to defraud the United States or any state or any person.

971.36 Theft; pleading and evidence; subsequent prosecutions. (1) In any criminal pleading for theft, it is sufficient to charge that the defendant did steal the property (describing it) of the owner (naming the owner) of the value of (stating the value in money). (2) Any crimina…

971.365 Crimes involving certain controlled substances. (1) (a) In any case under s. 961.41 (1) (em), 1999 stats., or s. 961.41 (1) (cm), (d), (dm), (dn), (e), (f), (g), or (h) involving more than one violation, all violations may be prosecuted as a single crime if the violations…

971.366 Use of another’s personal identifying information: charges. In any case under s. 943.201 or 943.203 involving more than one violation, all violations may be prosecuted as a single crime if the violations were pursuant to a single intent and design. History: 2003 a. 36.

971.367 False statements to financial institutions: charges. In any case under s. 946.79 involving more than one violation, all violations may be prosecuted as a single crime if the violations were pursuant to a single intent and design. History: 2003 a. 36.

971.368 Forged recordings related to a conveyance; charges. In any case under s. 946.77 involving more than one violation, all violations may be prosecuted as a single crime if the violations were pursuant to a single intent and design. History: 2025 a. 234.

971.37 Deferred prosecution programs; domestic abuse and child sexual abuse. (1) In this section, “child sexual abuse” means an alleged violation of s. 940.225, 948.02, 948.025, 948.05, 948.06, 948.085, or 948.095 if the alleged victim is a minor and the person accused of, or cha…

971.375 Deferred prosecution agreements; sanctions. The district attorney may subject a defendant to sanctions as provided in the system developed under s. 301.03 (3) (a) if the defendant violates a condition of a deferred prosecution agreement. History: 2013 a. 196.

971.38 Deferred prosecution program; community service work. (1) Except as provided in s. 967.055 (3), the district attorney may require as a condition of any deferred prosecution program for any crime that the defendant perform community service work for a public agency or a non…