CHAPTER 800
MUNICIPAL COURT PROCEDURE
800.01 Commencement of action.
800.02 Form of citation, complaint, summons and warrant in municipal ordinance violation cases.
800.025 Amended citation and complaint.
800.03 Plea of no contest prior to initial appearance.
800.04 Initial appearance; stipulation of guilt; deposit.
800.05 Substitution of municipal judge.
800.06 Illness, absence or vacancy; pending actions triable by court which receives papers; continuance on vacancy and notice of trial.
800.065 Temporary reserve judges; service.
800.07 Discovery in municipal court.
800.08 Procedure at trial.
800.09 Judgment; failure to appear; plea of guilty.
800.095 Nonpayment of judgment or noncompliance with work order; further proceedings.
800.10 Fees and costs in municipal court.
800.11 Municipal court record and transcript entries.
800.115 Relief from judgment.
800.12 Municipal court contempt procedure.
800.13 Recording in municipal court.
800.14 Appeal from municipal court decision.
800.001
800.001
Definition. In this chapter, "general statutory counterpart ordinance" means an ordinance which prohibits conduct which is the same as or similar to conduct prohibited by state statute, but does not include an ordinance enacted by a local authority in accordance with
s. 30.77 or
349.06.
800.001 History
History: 1987 a. 389.
800.01
800.01
Commencement of action. 800.01(1)
(1) In municipal court, personal jurisdiction in municipal ordinance violation cases and cases involving a violation of a resolution or bylaw if the resolution or bylaw is authorized by statute is obtained over a defendant when the defendant:
800.01(1)(a)
(a) Is served with a summons and complaint or citation and such documents are filed with or transmitted to the court;
800.01(1)(b)
(b) Is arrested and brought before the court personally, or in the municipal court of a 1st class city, personally or through interactive video and audio transmission conducted in accordance with the rules of the 1st judicial administrative district; or
800.01(1)(c)
(c) Voluntarily appears before a municipal judge.
800.01(2)(b)
(b) If a summons or citation is personally served, the law enforcement officer or municipal employe serving the summons or citation shall sign a statement of personal service on the summons or citation. The signature required under this paragraph does not apply to a traffic citation issued under
s. 345.11.
800.01(3)
(3) If the action is commenced by a citation under
s. 800.02 (2) (a), a deposit may be taken from the defendant. The defendant may be released on his or her own recognizance. A nonresident defendant who does not make a deposit may be detained in jail to be brought before the court at the earliest opportunity.
800.01 Note
Judicial Council Committee's Note, 1977: This section sets out the 3 methods in which personal jurisdiction is obtained over a defendant in municipal ordinance violation cases. Personal jurisdiction can be achieved in no other way. The method of service under sub. (1) is made identical with the method for serving a summons in a criminal proceeding under ch. 968. [Bill 1240-A]
800.02
800.02
Form of citation, complaint, summons and warrant in municipal ordinance violation cases. 800.02(1)(1)
Action. An action in municipal court for violation of a municipal ordinance, or violation of a resolution or bylaw if the resolution or bylaw is authorized by statute, is a civil action and the forfeiture or penalty imposed by any ordinance of the municipality may be collected in an action in the name of the municipality.
800.02(2)(a)(a) The citation shall be signed by a peace officer or endorsed by a municipal attorney or, if applicable, signed by a conservation warden. In addition, the governing body of a municipality authorized to adopt the use of citations may designate by ordinance or resolution other municipal officials who may issue citations with respect to ordinances which are directly related to the official responsibilities of the officials. Officials granted the authority to issue citations may delegate, with the approval of the governing body, the authority to employes. Authority delegated to an official or employe may be revoked only in the same manner by which it is conferred. The citation shall contain substantially the following information:
800.02(2)(a)1.
1. The name, address and date of birth of the defendant.
800.02(2)(a)3.
3. The violation alleged, the time and place of occurrence, a statement that the defendant committed the violation, the ordinance, resolution or bylaw violated and a designation of the violation in language which can be readily understood.
800.02(2)(a)4.
4. A date, time and place for the court appearance, and a notice to appear.
800.02(2)(a)5.
5. Provisions for amount of deposit and stipulation in lieu of a court appearance, if applicable.
800.02(2)(a)6.
6. Notice that the defendant may make a deposit and thereby obtain release if an arrest has been made.
800.02(2)(a)7.
7. Notice that the defendant may by mail prior to the court appearance enter a plea of not guilty and may within 10 days after entry of the plea request a jury trial.
800.02(2)(a)8.
8. Notice that if the defendant makes a deposit and fails to appear in court at the time fixed in the citation, the defendant is deemed to have tendered a plea of no contest and submits to a forfeiture, penalty assessment, jail assessment and any applicable domestic abuse assessment plus costs, including the fee prescribed in
s. 814.65 (1), not to exceed the amount of the deposit. The notice shall also state that the court may decide to summon the defendant rather than accept the deposit and plea.
800.02(2)(a)8m.
8m. Notice that if the court finds that the violation involves an ordinance that prohibits conduct that is the same as or similar to conduct prohibited by state statute punishable by fine or imprisonment or both, and that the violation resulted in damage to the property of or physical injury to a person other than the defendant, the court may summon the defendant into court to determine if restitution shall be ordered under
s. 800.093.
800.02(2)(a)9.
9. Notice that if the defendant does not make a deposit and fails to appear in court at the time fixed in the citation, the court may issue a summons or a warrant for the defendant's arrest or may enter a default judgment against the defendant.
800.02(2)(am)
(am) In 1st class cities, all of the written information required under
par. (a), except the information under
par. (a) 1. to
4. and
10., shall be printed in Spanish on a separate sheet attached to the citation or provided in Spanish on the citation.
800.02(2)(b)
(b) Except for parking violations, in traffic regulation actions in municipal court, the uniform traffic citation specified in
s. 345.11 shall be used in lieu of the citation form specified in
par. (a). In actions for violations of local ordinances enacted in accordance with
s. 23.33 (11) (am) or
30.77, the citation form specified in
s. 23.54 shall be used in lieu of the citation form specified in
par. (a).
800.02(3)(a)(a) The complaint shall be signed by a complainant and shall contain substantially the following information:
800.02(3)(a)1.
1. The name, address and date of birth of the defendant.
800.02(3)(a)2.
2. The department permit or license number of the defendant, if applicable.
800.02(3)(a)4.
4. The title of the cause, specifying the name of the court and county in which the action is brought and the names and addresses of the parties to the action.
