800.13 (1) of the statutes is amended to read:
Every proceeding in which testimony is taken under oath or 14
affirmation, hearing on a motion under s. 800.115, and hearing regarding whether
15the defendant is unable to pay the judgment because of poverty, as that term is used
16in s. 814.29 (1) (d),
in a municipal court shall be recorded by electronic means for 17
purposes of appeal.
800.14 (1) of the statutes is amended to read:
Appeals from judgments, decisions on motions brought under s. 20
800.115, or determinations regarding whether the defendant is unable to pay the 21
judgment because of poverty, as that term is used in s. 814.29 (1) (d), may be taken 22
by either party to the circuit court of the county where the offense occurred. The 23
appellant shall appeal by giving the municipal judge
and other party written 24
notice of appeal and paying any required fees
within 20 days after the judgment or 25
decision. No appeals may be taken from default judgments.
800.14 (2) of the statutes is repealed.
800.14 (2m) of the statutes is created to read:
Upon receipt by the municipal court of the notice of appeal and any 4
required fees and, if a trial has been held, after the 20 day time period under sub. (4) 5
has passed, the appeal has been perfected. Within 30 days after perfection, the 6
municipal court shall transmit the case to the circuit court as provided under sub. 7
(5), and shall comply with the requirements of s. 343.325, if applicable.
800.14 (3) of the statutes is amended to read:
800.14 (3) On meeting the requirements for appeal Upon perfection of the
10appeal under sub. (2m)
, execution on the judgment of the municipal court or 11
enforcement of the order of the municipal court shall be stayed until the final 12
disposition of the appeal, unless otherwise ordered by the municipal court prior to
13transmittal to the circuit court or unless ordered by the circuit court thereafter
800.14 (4) of the statutes is renumbered 800.14 (4) (intro.) and 15
amended to read:
(intro.) An appeal from a judgment where a trial has been held shall 17
be on the record unless, within 20 days after notice of appeal has been filed with the 18
municipal court under sub. (1), either party requests that a new trial be held in 19
circuit court. The new trial shall be conducted by the court without a jury unless 20either party one of the following applies:
21(a) If the defendant is charged with a violation of an ordinance that is in
22conformity with s. 346.63 (1) or (5) and did not proceed under s. 800.035 (5) (c), the
requests a 6-person jury trial and posts the jury fee under s. 814.61 (4) 24
within 10 days after the order for a new trial.
800.14 (4) (b) of the statutes is created to read:
(b) If par. (a) does not apply, either party requests a 6-person jury 2
trial and posts the jury fee under s. 814.61 (4) within 10 days after the order for a new 3
800.14 (5) of the statutes is amended to read:
If there is no request or motion
under sub. (4), or if the appeal is from 6
a judgment or decision in which a trial has not been held, the appeal shall be based 7
upon a review of the proceedings in the municipal court. The, and the
court shall transmit to the circuit court a copy of the entire record, including any 9
electronic recording created under s. 800.13 (1). When testimony has been recorded
10in the municipal court If there is a request under sub. (4)
, the municipal court shall 11transmit to the circuit court as much of the record as deemed appropriate by the
12municipal court, but the transmission shall include, at the minimum, a copy of the
13citation or complaint and the judgment. The municipal court may supplement the
14transmission upon request of either party or the circuit court. The circuit court may 15
order the preparation of a transcript of the proceedings by any qualified court
, at the cost of the appellant, from the electronic recording and shall certify
17the transcript and transmit it with the record. An appellant shall, within 20 days
18after notice of appeal, submit payment of the estimated cost of the transcript, as
19determined by the municipal court, but shall be responsible for the actual cost of
20preparing the transcript. The transcript shall be deemed accurate unless
21determined otherwise by the municipal court, by request of either party or the circuit
A defendant claiming an inability to pay with regard to the bond or
transcript fee may petition the municipal court for a waiver. A defendant claiming
1an inability to pay with regard to,
the appeal fee,
jury fee may petition the 2
circuit court for a waiver.
806.10 (1) (intro.) of the statutes is amended to read:
(intro.) At the time of entry of a judgment directing in whole or in 5
part the payment of money, or a judgment naming a spouse under s. 806.15 (4), and 6
upon payment of the exact amount of the fee prescribed in s. 814.61 (5) (b) (am) 2.
the clerk of circuit court shall enter the judgment in the judgment and lien docket, 8
arranged alphabetically, including all of the following:
806.14 of the statutes is amended to read:
10806.14 Enforcement of real estate judgment in other counties.
If a 11
judgment affecting real property is rendered in any county other than that in which 12
the property is situated, the clerk of circuit court of the county where the property 13
is situated shall, upon production of a duly certified copy of the judgment and 14
payment of the fee specified by s. 814.61 (5) (b)
, file and enter the judgment 15
in the judgment and lien docket. The judgment may be enforced in the circuit court 16
for either county.
814.61 (5) of the statutes is renumbered 814.61 (5) (am).
814.61 (5) (bm) of the statutes is created to read:
(bm) Paragraph (am) does not apply to a judgment rendered in 20
814.63 (2) of the statutes is amended to read:
Upon the disposition of a forfeiture action in circuit court for 23
violation of a county, town, city, village, town sanitary district, or public inland lake 24
protection and rehabilitation district ordinance, except for an action for a financial 25
responsibility violation under s. 344.62 (2) or,
for a violation under s. 343.51 (1m) (b)
a safety belt use violation under s. 347.48 (2m), or for a case transferred under
2s. 800.035 (5) (c),
the county, town, city, village, town sanitary district, or public 3
inland lake protection and rehabilitation district shall pay a nonrefundable fee of $5 4
to the clerk of circuit court.
814.63 (4) of the statutes is amended to read:
In forfeiture actions in which a county, town, city, village, town 7
sanitary district or public inland lake protection and rehabilitation district prevails, 8
costs and disbursements shall be allowed to the county, town, city, village, town 9
sanitary district or public inland lake protection and rehabilitation district subject 10
only to sub. (2) and such other limitation as the court may direct.
For a case
11transferred under s. 800.035 (5) (c), the court shall disburse all forfeitures it collects
12to the municipality.
885.04 of the statutes is amended to read:
14885.04 Municipal judge; subpoena served in state.
A subpoena to require 15
attendance before a municipal judge may be served anywhere in the state if 16
authorized by the municipal judge, and shall require the attendance of any witness 17
so served. A subpoena to require the attendance of the defendant, whether the
18defendant is within or without the state, may be served by mail on the defendant's
19attorney, and shall require the attendance of the defendant.