(g) The judgment rendered by the municipal
, including 11
the penalties imposed, the date and time
of rendering judgment and the costs 12
assessed in the action;
SB383, s. 127
800.11 (1) (q) of the statutes is amended to read:
(q) All motions made in the action, the decision thereon and all other 15
proceedings in the action which the municipal judge
may think useful.
SB383, s. 128
800.11 (2) of the statutes is amended to read:
Failure of the municipal judge court
to keep a court record properly 18
shall not affect the jurisdiction of the municipal court or render the judgment void.
SB383, s. 129
800.11 (3) (c) of the statutes is amended to read:
(c) The name, and
address and vocation
SB383, s. 130
800.11 (4) of the statutes is amended to read:
If the municipal judge is elected under s. 755.01 (4), the judge court 23
shall keep separate court records for each municipality.
SB383, s. 131
800.115 of the statutes is repealed and recreated to read:
1800.115 Relief from judgment.
A defendant may within 6 months after 2
the judgment is entered move for relief from the judgment because of mistake, 3
inadvertence, surprise, or excusable neglect.
Any party, including the court on its own motion, may at any time move to 5
reopen the judgment under s. 806.07 (1) (c), (d), (g), or (h).
Nothing in this section shall prevent the parties from stipulating and the 7
court approving the reopening of a judgment for any other reason justifying relief 8
from operation of the judgment.
The court may impose costs on the motion as allowed under s. 814.07.
Upon receiving or making a motion under this section, the court shall 11
provide notice to all parties and schedule a hearing on the motion.
SB383, s. 132
800.12 of the statutes is repealed and recreated to read:
13800.12 Municipal court contempt procedure. (1)
In this section, 14
"contempt of court" means any of the following intentional acts:
(a) Misconduct in the presence of the court that interferes with the court 16
proceeding or with the administration of justice, or that impairs the respect due the 17
(b) Refusal of a witness to appear without reasonable excuse.
A judge may impose a forfeiture in an amount not to exceed $200 for a 20
contempt of court.
For a contempt of court described in sub. (1) (a), the judge may impose 22
imprisonment in the county jail for not more than 7 days and impose a forfeiture. 23
These penalties shall be imposed immediately after the contempt of court has 24
occurred and only under the following conditions:
(a) For the purpose of preserving order in the court and protecting the authority 2
and dignity of the court.
(b) After allowing the person who committed the contempt of court an 4
opportunity to address the court.
For a contempt of court described in sub. (1) (b), the judge may do any of the 6
(a) Issue a warrant to bring the witness before the court for the contempt and 8
(b) In addition to ordering the witness to pay a forfeiture under sub. (2), the 10
judge may order the witness to pay all costs of the witness's apprehension.
SB383, s. 133
800.13 (1) of the statutes is amended to read:
Every proceeding in which testimony is taken under oath or
in a municipal court shall be recorded by electronic means for purposes 14
SB383, s. 134
800.14 (1) of the statutes is amended to read:
Appeals from judgments of municipal courts or decisions on motions
17brought under s. 800.115
may be taken by either party to the circuit court of the 18
county where the offense occurred. The appellant shall appeal by giving the 19
municipal judge and other party written notice of appeal within 20 days after the 20
judgment or decision. No appeals may be taken from default judgments
SB383, s. 135
800.14 (2) of the statutes is amended to read:
On appeal by the defendant, the defendant shall execute a bond, at
23the discretion of the municipal judge,
to the municipality municipal court
with or 24
without surety, approved by the municipal judge, that if the judgment is affirmed in
whole or in part the defendant shall pay the judgment and all costs awarded on 2
SB383, s. 136
800.14 (3) of the statutes is amended to read:
On meeting the requirements for appeal, execution on the judgment 5
of the municipal court or enforcement of the order of the municipal court
shall be 6
stayed until the final disposition of the appeal.
SB383, s. 137
800.14 (4) of the statutes is amended to read:
800.14 (4) Upon the request of either party within 20 days after notice of appeal
9under sub. (1), or on its own motion, the circuit court shall order that a new trial be
10held in circuit court. An appeal from a judgment where a trial has been held shall
11be on the record unless, within 20 days after notice of appeal has been filed with the
12municipal court under sub. (1), either party requests that a new trial be held in
The new trial shall be conducted by the court without a jury unless 14
either party requests a 6-person
jury trial and posts the jury fee under s. 814.61 (4) 15
within 10 days after the order for a new trial. The required fee for a jury is prescribed
16in s. 814.61 (4).
SB383, s. 138
800.14 (5) of the statutes is amended to read:
If there is no request or motion under sub. (4), an or if the appeal is
19from a judgment or decision in which a trial has not been held, the
appeal shall be 20
based upon a review of a transcript of
the proceedings in the municipal court
. The 21
municipal judge court
shall direct that the transcript be prepared from the transmit
22to the circuit court a copy of the entire record, including any
electronic recording 23created
under s. 800.13 (1) and shall certify the transcript. The costs of the transcript
24shall be paid for under s. 814.65 (5). The electronic recording and the transcript shall
25be transferred to the circuit court for review. When testimony has been recorded in
1the municipal court, the municipal court shall order the preparation of a transcript
2of the proceedings, at the cost of the appellant, from the electronic recording and shall
3certify the transcript and transmit it with the record. An appellant shall, within 20
4days after notice of appeal, submit payment of the estimated cost of the transcript,
5as determined by the municipal court, but shall be responsible for the actual cost of
6preparing the transcript. A defendant claiming an inability to pay with regard to the
7appeal fee, bond, transcript fee, or jury fee may petition the circuit court for waiver
SB383, s. 139
800.14 (6) of the statutes is amended to read:
The disposition of the appeal shall be certified to the municipal court 10
by the reviewing circuit
court within 30 days of the judgment of the reviewing circuit 11
court. If the disposition requires payment of a forfeiture by the defendant, the
12forfeiture and all costs, fees, and surcharges shall be payable to the municipality.
SB383, s. 140
938.237 (2) of the statutes is amended to read:
938.237 (2) Procedures.
The procedures for issuance and filing of a citation, 15
and for forfeitures, stipulations, and deposits in ss. 23.50 to 23.67, 23.75 (3) and (4), 16
66.0113, 778.25, 778.26, and 800.01 to 800.04 800.035
except s. 800.04 (2) (b) 800.035
, when the citation is issued by a law enforcement officer, shall be used as 18
appropriate, except that this chapter shall govern taking and holding a juvenile in 19
custody, s. 938.37 shall govern costs, fees, and surcharges imposed under ch. 814, and 20
a capias shall be substituted for an arrest warrant. Sections 66.0113 (3) (c) and (d), 21
66.0114 (1), and 778.10 as they relate to collection of forfeitures do not apply.
(1) This act first applies to violations committed on the effective date of this 24
(2) The treatment of section 111.70 (4) (mc) 4. of the statutes first applies to 2
employees who are affected by a collective bargaining agreement that contains 3
provisions inconsistent with that treatment on the day on which the collective 4
bargaining agreement expires or is extended, modified, or renewed, whichever 5
SB383, s. 142
This act takes effect on January 1, 2011, except 7
(1) The repeal and recreation of section 343.30 (5) of the statutes takes effect 9
on January 1, 2011, or on the date on which the creation of section 343.165 of the 10
statutes by 2007 Wisconsin Act 20
takes effect, whichever is later.