AB90: Bill Text

LRB-0898/2

MJL&RPN:lmk&kjf:rs

2005 - 2006 LEGISLATURE

2005 Assembly BILL 90

February 8, 2005 - Introduced by Representatives Gundrum, Cullen, F. Lasee, Gunderson, Staskunas, Hines, Albers and Vrakas. Referred to Committee on Judiciary.

AB90,1,3 An Act to amend 800.14 (1) and 800.14 (4) of the statutes; relating to: notice of appeal of a municipal court judgment and requesting a jury trial on appeal from that judgement.

Analysis by the Legislative Reference Bureau

Under current law, either party to a municipal court judgment may appeal the judgment to the circuit court by giving the municipal judge written notice of appeal within 20 days after the judgment. This bill requires the appellant to also give the other party written notice of appeal within 20 days after the judgment.

Under current law, either party to a municipal court action may request an appeal of the municipal court's decision to the circuit court, but only the appellant may request a jury trial if the circuit court orders a new trial. This bill allows either party to the municipal court action to request a jury trial. The bill also requires the party requesting a jury trial to do so within ten days after the request or order for a new trial.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB90, s. 1 Section 1. 800.14 (1) of the statutes is amended to read:

AB90,2,4 800.14 (1) Appeals from judgments of municipal courts may be taken by either party to the circuit court of the county where the offense occurred. The appellant shall appeal by giving the municipal judge and other party written notice of appeal within 20 days after judgment.

AB90, s. 2 Section 2. 800.14 (4) of the statutes is amended to read:

AB90,2,11 800.14 (4) Upon the request of either party within 20 days after notice of appeal under sub. (1), or on its own motion, the circuit court shall order that a new trial be held in circuit court. The new trial shall be conducted by the court without a jury unless the appellant either party requests a jury trial in the notice of appeal under sub. (1) within 10 days after the request or order for a new trial. The required fee for a jury is prescribed in s. 814.61 (4).

AB90, s. 3 Section 3. Initial applicability.

AB90,2,14 (1) This act first applies to municipal court actions commenced on the effective date of this subsection.

AB90,2,15 (End)