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2023 Wisconsin Statutes & Annotations › Chapter 799 - Procedure in small claims actions. › 799.26 - Money damages; disclosure of assets requested.

799.26
Money damages; disclosure of assets requested.
(1)
When a judgment for money damages is entered under this chapter, the court or circuit court commissioner shall order the judgment debtor to execute under penalty of contempt a disclosure statement and to mail or deliver that statement to the judgment creditor or to the clerk of circuit court in the county where the judgment is entered within 15 days of entry of judgment unless the judgment is sooner satisfied. The statement shall disclose, as of the date of judgment, the debtor's name, residence address, employers and their addresses, any real property interests owned by the debtor, cash on hand, financial institutions in which the judgment debtor has funds on deposit, whether the debtor's earnings are totally exempt from garnishment under s. 812.34 (2) (b), and such other information as required by the schedules adopted under sub. (3).
(1m)
If the judgment debtor complies with sub. (1) by mailing or delivering the disclosure statement to the clerk of circuit court, the judgment debtor shall mail or deliver a copy of that disclosure statement to the judgment creditor.
(2)
Failure to comply with an order under sub. (1) is punishable by a remedial sanction under ch. 785. Execution of a disclosure statement and delivery of the disclosure statement to the clerk of circuit court or sheriff upon service of a motion for contempt is compliance with the order.
(3)
The judicial conference shall adopt standard schedules for the disclosure required by sub. (1), which shall inform judgment debtors of the requirements of this section, the sanctions for nondisclosure or fraudulent misrepresentation, a general description of garnishment and execution, and information about the types of assets and income which are exempt from the claims of creditors. The judicial conference shall also adopt a standard form pleading invoking the contempt powers of the court under sub. (2), copies of which may be obtained by judgment creditors without charge from the clerk.
History:  1987 a. 208; 1991 a. 182; 1993 a. 80; 2001 a. 61.
2023 Wisconsin Statutes & Annotations › Chapter 799 - Procedure in small claims actions. › 799.27 - Adjournments.

799.27
Adjournments.
(1)
On request. Except in eviction actions, a party who appears on the return date shall be given, on request, an adjournment of at least 7 days, or such longer period as the court grants. In eviction actions, no adjournments shall be granted except for cause shown under sub. (2) and (3), unless with the consent of the plaintiff.
(2)
For cause. For good cause shown to the court by either party, the court may extend the time within which any act may be done, except the time for the taking of an appeal.
(3)
Same; terms. No continuance under sub. (2) shall be granted, unless by consent of the parties, except upon such terms as the court deems just.
History:  1979 c. 32 s. 66; Stats. 1979 s. 799.27.
2023 Wisconsin Statutes & Annotations › Chapter 799 - Procedure in small claims actions. › 799.28 - New trial.

799.28
New trial.
(1)
Motions for new trial. Motions for new trial in the trial court are governed by s. 805.15. A motion for a new trial must be made and heard within 20 days after the verdict is rendered, unless the court extends the time as provided in s. 801.15 (2) (b). If the motion is not decided within 10 days of the date of hearing, it shall be deemed denied. The entry of judgment by the court without deciding a pending motion for a new trial shall be deemed a denial of the motion.
(2)
Newly discovered evidence. A motion to set aside a verdict or to open up a judgment and for a new trial founded upon newly discovered evidence may be heard upon affidavits and the proceedings in the action. Such a motion may be made at any time within one year from the verdict or finding. The order granting or denying the motion shall be in writing and shall specify the grounds for granting the new trial, or state the court's reasons for denying it.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 765 (1975); 1979 c. 32 s. 66; Stats. 1979 s. 799.28.
2023 Wisconsin Statutes & Annotations › Chapter 799 - Procedure in small claims actions. › 799.29 - Default judgments.

799.29
Default judgments.
(1)
Motion to reopen.
(a)
There shall be no appeal from default judgments, but the trial court may, by order, reopen default judgments upon notice and motion or petition duly made and good cause shown.
(b)
In ordinance violation cases, the notice of motion must be made within 20 days after entry of judgment. In ordinance violation cases, default judgments for purposes of this section include pleas of guilty, no contest and forfeitures of deposit.
(c)
In other actions under this chapter, the notice of motion must be made within 12 months after entry of judgment unless venue was improper under s. 799.11. The court shall order the reopening of a default judgment in an action where venue was improper upon motion or petition duly made within one year after the entry of judgment.
(2)
Stipulations. The court or judge having trial jurisdiction to recover a forfeiture may, with or without notice, for good cause shown by affidavit and upon just terms, within 30 days after the stipulation has been entered into, relieve any person from the stipulation or any order, judgment or conviction entered or made thereon. Where the stipulation was made without appearance in or having been filed in court, the court or l judge may order a written complaint to be filed and set the matter for trial. The stipulation or a copy shall, in such cases, be filed with the court or judge and costs and fees shall be taxed as provided by law.
History:  1979 c. 32 s. 66; 1979 c. 110 s. 60 (6); Stats. 1979 s. 799.29; 1983 a. 228; 1985 a. 332; 1987 a. 208; 2003 a. 138; 2019 a. 70.
Judicial Council Note, 1983: Sub. (1) (c) liberalizes the time limit for reopening default judgments entered in improperly venued actions. This remedy supplements the court's authority under s. 799.11 (3) to correct venue on its own motion. [Bill 324-S]
Sub. (1) provides the exclusive procedure for reopening a default judgment in small claims proceedings. King v. Moore, 95 Wis. 2d 686, 291 N.W.2d 304 (Ct. App. 1980).
2023 Wisconsin Statutes & Annotations › Chapter 799 - Procedure in small claims actions. › 799.30 - Appeal.

799.30
Appeal.
An appeal of a judgment or order under this chapter shall be to the court of appeals.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 776 (1975); 1975 c. 218; 1977 c. 187; 1979 c. 32 s. 66; Stats. 1979 s. 799.30.
2023 Wisconsin Statutes & Annotations › Chapter 799 - Procedure in small claims actions. › 799.41 - Complaint in eviction actions.

799.41
Complaint in eviction actions.
(1)
The complaint shall be in writing and subscribed by the plaintiff or attorney in accordance with s. 802.05. The complaint shall identify the parties and the real property which is the subject of the action and state the facts which authorize the removal of the defendant. The description of real property is sufficient, whether or not it is specific, if it reasonably identifies what is described. A description by street name and number is sufficient. If the complaint relates only to a portion of described real estate, that portion shall be identified. If a claim in addition to the claim for restitution is joined under s. 799.40 (2), the claim shall be separately stated. The prayer shall be for the removal of the defendant or the property or both and, if an additional claim is joined, for the other relief sought by the plaintiff.
(2)
If the eviction seeks to remove a tenant whose tenancy is terminated as the result of a foreclosure judgment and sale under s. 708.02, the complaint shall identify the action as an eviction of the tenant due to a foreclosure action.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 766 (1975); 1975 c. 218; 1979 c. 32 ss. 66, 92 (16); Stats. 1979 s. 799.41; 1987 a. 403; 2009 a. 28.
2023 Wisconsin Statutes & Annotations › Chapter 799 - Procedure in small claims actions. › 799.42 - Service and filing in eviction actions.

799.42
Service and filing in eviction actions.
The complaint shall be served with the summons when service is had under s. 799.12 (1), (2), or (3).
History:  1979 c. 32 ss. 66, 92 (16); Stats. 1979 s. 799.42; 1987 a. 208; 2013 a. 76.
2023 Wisconsin Statutes & Annotations › Chapter 799 - Procedure in small claims actions. › 799.43 - Defendant's pleading in eviction actions.

799.43
Defendant's pleading in eviction actions.
The defendant may plead to the complaint orally or in writing, except that if the plaintiff's title is put in issue by the defendant, the answer shall be in writing and subscribed in the same manner as the complaint. Within the limitation of s. 799.02 the defendant may counterclaim provided that in construing s. 799.02 as applied to eviction actions, any claim related to the rented property shall be considered as arising out of the transaction or occurrence which is the subject matter of the plaintiff's claim.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 766 (1975); 1975 c. 218; 1979 c. 32 ss. 66, 92 (16); Stats. 1979 s. 799.43.
Counterclaims relating to oral agreements to pay increased rent, unfair trade practices, oral guarantees, and interference with quiet enjoyment were properly dismissed as extrinsic to a lease. Scalzo v. Anderson, 87 Wis. 2d 834, 275 N.W.2d 894 (1979).
2023 Wisconsin Statutes & Annotations › Chapter 799 - Procedure in small claims actions. › 799.445 - Appeal.

799.445
Appeal.
An appeal in an eviction action shall be initiated within 15 days of the entry of judgment or order as specified in s. 808.04 (2). An order for judgment for restitution of the premises under s. 799.44 (1) or for denial of restitution is appealable as a matter of right under s. 808.03 (1) within 15 days after the entry of the order for judgment for restitution or for denial of restitution. An order for judgment for additional causes of action is appealable as a matter of right under s. 808.03 (1) within 15 days after the entry of the order for judgment for the additional causes of action. No appeal by a defendant of an order for judgment for restitution of the premises may stay proceedings on the judgment unless the appellant serves and files with the notice of appeal an undertaking to the plaintiff, in an amount and with surety approved by the judge who ordered the entry of judgment. The undertaking shall provide that the appellant will pay all costs and disbursements of the appeal which may be taxed against the appellant, obey the order of the appellate court upon the appeal and pay all rent and other damages accruing to the plaintiff during the pendency of the appeal. Upon service and filing of this undertaking, all further proceedings in enforcement of the judgment appealed from are stayed pending the determination of the appeal. Upon service by the appellant of a copy of the notice and appeal and approved undertaking upon the sheriff holding an issued but unexecuted writ of restitution or of execution, the sheriff shall promptly cease all further proceedings pending the determination of the appeal. If the tenant fails to pay rent when due, or otherwise defaults in the terms of the undertaking, the payment guaranteed by the undertaking with surety shall be payable immediately to the plaintiff and shall not be held in escrow by the court. Upon the failure of the tenant to pay rent when due, or upon other default by the tenant in the terms of the undertaking, the stay of proceedings shall be dismissed and the sheriff shall immediately execute the writ of restitution.
History:  1983 a. 219 s. 39; 1993 a. 466.
Judicial Council Note, 1983: This section is renumbered from s. 808.07 (7), and amended to replace the appeal deadline of 10 days after mailing notice of entry of judgment by the time period specified in s. 808.04 (2), for greater uniformity. The appeal deadline established by that statute applies regardless of whether the action has been tried to a 12-person jury. [Bill 151-S]
A tenant in an eviction may move for reconsideration of the judgment under s. 805.17 (3), but must take an appeal from the judgment within the time for appeal in this section. The time for filing an appeal under s. 805.17 (3) does not apply. Highland Manor Associates v. Bast, 2003 WI 152, 268 Wis. 2d 1, 672 N.W.2d 709, 02-2799.
2023 Wisconsin Statutes & Annotations › Chapter 800 - Municipal court procedure. › 800.001 - Definitions.

800.001
Definitions.
In this chapter:
(1)
“Judicial administrative district" means the judicial administrative district having the largest portion of the population in the jurisdiction served by the municipal court.
(2)
“Municipality" means the city, village, or town that governs the municipal court, or if more than one city, village, or town has agreed jointly to establish a municipal court under s. 755.01, “municipality" means the city, village, or town where the violation occurred.
History:  1987 a. 389; 2009 a. 402.
2023 Wisconsin Statutes & Annotations › Chapter 800 - Municipal court procedure. › 800.01 - Commencement of action.

800.01
Commencement of action.
(1)
In municipal court, ordinance violation cases are commenced when the complaint or citation is filed with or transmitted to the court.
(2)
The municipal court has jurisdiction over a defendant when any of the following conditions is met:
(a)
The defendant is served with a citation or a summons and complaint as provided under s. 801.11 (1) (a) to (c), (5), and (6).
(b)
The defendant is arrested and brought before the court personally or through interactive video and audio transmission conducted in accordance with the rules of the supreme court.
(c)
The defendant voluntarily appears before the court.
(d)
The court finds that the defendant has acknowledged receipt of the citation or summons and complaint.
(e)
The summons and complaint or citation are sent to the defendant by 1st class mail.
(2m)
The law enforcement officer or municipal employee who serves the summons shall indicate the method of service on the copy of the documents filed or transmitted to the court.
(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.
History:  1977 c. 305; 1979 c. 32 s. 68; Stats. 1979 s. 800.01; 1987 a. 389; 1989 a. 170, 261; 1993 a. 437; 1995 a. 27; 1999 a. 9; 2009 a. 402.
Due process does not require commencing a municipal ordinance action by a summons. Haas v. Wisconsin, 241 F. Supp. 2d 922 (2003).
Uniformity in Municipal Courts. Gramling. Wis. Law. Aug. 2010.
2023 Wisconsin Statutes & Annotations › Chapter 800 - Municipal court procedure. › 800.025 - Amended citation and complaint.

800.025
Amended citation and complaint.
A citation or complaint under s. 800.02 may be amended by the municipality prior to the initial appearance of the defendant. A copy of the amended citation or complaint shall be served personally on the defendant or sent to the defendant by 1st class mail. Otherwise, the citation or complaint may be amended, upon notice and an opportunity to be heard, at the discretion of the court. At trial, the court may amend a citation or complaint to conform to the evidence. If the court amends the citation or complaint to conform to the evidence, the court shall allow both parties an opportunity to present evidence with respect to the amended citation or complaint.
History:  1981 c. 225; 2009 a. 402.
2023 Wisconsin Statutes & Annotations › Chapter 800 - Municipal court procedure. › 800.037 - Deposit amount and schedule.

800.037
Deposit amount and schedule.
The deposit in traffic cases shall be made as provided in s. 345.26. In boating cases, the deposit shall be made as provided in s. 23.66 and 23.67. The municipal court, with the approval of the governing body of the municipality, shall set the deposit schedule for all other cases. The deposit amount in the schedule may not exceed the maximum penalty established by the municipality for the offense, plus costs, fees, and surcharges imposed under ch. 814.
History:  2009 a. 402.
2023 Wisconsin Statutes & Annotations › Chapter 800 - Municipal court procedure. › 800.045 - Pretrial conferences.

800.045
Pretrial conferences.
(1)
The municipal judge may schedule a pretrial conference. Upon agreement of the parties, the parties may waive a pretrial conference.
(2)
If the defendant does not appear at the pretrial conference, the court may proceed under s. 800.035 (8) or (9).
(3)
If the parties reach an agreement, the agreement shall be submitted to the court for the court's approval. If an agreement is not reached, or if the court does not approve an agreement, the court shall schedule the action for further proceedings.
History:  2009 a. 402.
2023 Wisconsin Statutes & Annotations › Chapter 800 - Municipal court procedure. › 800.05 - Substitution or disqualification of municipal judge.

800.05
Substitution or disqualification of municipal judge.
(1)
A defendant may file a written request for a substitution of a new judge for the municipal judge assigned to the trial of that case. The written request shall be filed not later than 7 days after the initial appearance in person or by an attorney. The municipal judge against whom a request has been filed may set initial bail and accept a plea of not guilty.
(3)
Upon receipt of the written request under sub. (1), the original judge shall have no further jurisdiction in the case except as provided in sub. (1) and except to determine if the request was made timely and in proper form. Upon such a determination, or if no determination is made within 7 days, the court shall transfer the matter to the chief judge of the judicial administrative district for the determination and reassignment of the action as necessary. If the request is determined to be proper, the case shall be transferred as provided in s. 751.03 (2). Upon transfer, the municipal judge shall immediately transmit to the appropriate judge all the records in the action. Upon receipt of the records, the new judge shall specify the court's location in which the case will be heard and shall consider any objection to the proposed location in making the determination. In all such cases, the parties shall remain the same, the prosecutor of the transferring court shall be responsible for prosecution before the new judge, and the judgment, if any, shall be payable to the transferring court.
(4)
(a)
If a new judge is assigned to the trial of the action, and the defendant has not exercised the right to substitute an assigned judge, a written request for the substitution of the new judge may be filed within 7 days after the giving of actual notice or sending of the notice of assignment to the defendant or the defendant's attorney. If the notice occurs within 48 hours of the trial, or if there has been no notification, the defendant may make an oral or written request for substitution prior to the commencement of the proceedings.
(b)
If upon an appeal from a judgment or order or upon a writ of error the appellate court orders a new trial or reverses or modifies the judgment or order in a manner such that further proceedings in the municipal court are necessary, the person charged with a violation may file a request under sub. (1) within 20 days after the entry of the judgment or decision of the appellate court whether or not another request was filed prior to the time the appeal or writ of error was taken.
(5)
If the municipal judge disqualifies himself or herself under s. 757.19 or SCR 60.04, the case shall be transferred under sub. (3).
History:  1977 c. 305, 447; 1977 c. 449 s. 496; 1979 c. 32 ss. 68, 92 (17); Stats. 1979 s. 800.05; 1987 a. 151; 2009 a. 402; 2019 a. 70.
2023 Wisconsin Statutes & Annotations › Chapter 800 - Municipal court procedure. › 800.06 - Illness, absence or vacancy; pending actions triable by court which receives papers; continuance on vacancy and notice of trial.

800.06
Illness, absence or vacancy; pending actions triable by court which receives papers; continuance on vacancy and notice of trial.
(1)
If any municipal judge is to be temporarily absent or is sick or disabled, the municipal judge may, subject to the order of the chief judge of the judicial administrative district, designate another municipal judge from any municipality within the state to perform his or her duties for a period not to exceed 30 days.
(2)
If any municipal judge is incompetent, unable or fails to act, s. 751.03 (2) applies. The parties and their attorneys shall be notified of the transfer to another judge.
(3)
Notwithstanding s. 751.03 (2), if there is a permanent vacancy in the office of municipal judge, the chief judge of the judicial administrative district may designate another municipal judge to perform the duties of the office until the municipal governing body fills the vacancy by temporary appointment under s. 8.50 (4) (fm). The municipal judge designated under this subsection may exercise all of the authority of the municipal court to which he or she is assigned.
History:  1977 c. 305; 1977 c. 449 s. 497; 1979 c. 32 ss. 68, 92 (17); Stats. 1979 s. 800.06; 1985 a. 304; 1987 a. 151; 1993 a. 384; 1995 a. 224; 2009 a. 402; 2019 a. 70.
2023 Wisconsin Statutes & Annotations › Chapter 800 - Municipal court procedure. › 800.065 - Reserve municipal judges.

800.065
Reserve municipal judges.
(1)
Definitions. In this section, “ reserve municipal judge" means a former municipal judge who has complied with s. 755.03 and is appointed by the chief judge of the former municipal judge's judicial administrative district to perform such specified duties on a day-by-day basis as the chief judge may direct.
(2)
Eligibility. Any of the following persons may serve as a temporary reserve judge:
(a)
A person who has served a total of 8 or more years as a municipal judge.
(b)
A person who has served 4 or more years as a municipal judge and who was not defeated at the most recent time he or she sought election to judicial office.
(3)
Compensation. Notwithstanding s. 755.04, reserve municipal judges under this section shall receive compensation in an amount agreed to by contract between the municipality and the reserve municipal judge.
(4)
Training. All persons serving as reserve municipal judges under this section are subject to s. 755.18.
History:  1987 a. 389; 2009 a. 402.
2023 Wisconsin Statutes & Annotations › Chapter 800 - Municipal court procedure. › 800.07 - Discovery in municipal court.

800.07
Discovery in municipal court.
Neither party is entitled to pretrial discovery in any action in municipal court, including refusal hearings held by a municipal court under s. 343.305 (9), except that if the defendant moves for pretrial discovery within 30 days after the initial appearance in person or by an attorney, the court may order that the defendant be allowed to inspect documents, including lists of names and addresses of witnesses, if available, and to test under s. 804.09, under such conditions as the court prescribes, any devices used by the plaintiff to determine whether a violation has been committed. The defendant may move for pretrial discovery at any other time upon a showing of cause for that discovery.
History:  1977 c. 305; 1979 c. 32 s. 68; Stats. 1979 s. 800.07; 1987 a. 389; 2003 a. 199; 2009 a. 402.
2023 Wisconsin Statutes & Annotations › Chapter 800 - Municipal court procedure. › 800.08 - Procedure at trial.

800.08
Procedure at trial.
(1)
At trial the plaintiff shall provide a prosecutor who is an attorney authorized or licensed to practice law in this state. The plaintiff shall first offer evidence in support of the citation or complaint. The defendant may offer evidence after the plaintiff has rested. If the plaintiff and the defendant have offered evidence upon the citation or complaint, the parties may then respectively offer rebuttal testimony only, unless the court permits them to offer evidence upon their original case. Both parties shall have the opportunity to question all witnesses.
(2)
(a)
Before testifying, every witness shall be required to declare that he or she will testify truthfully, by oath or affirmation administered in a form calculated to awaken his or her conscience and impress the witness with the duty to testify truthfully.
(b)
The oath may be administered by the judge or his or her designee substantially in the following form: Do you solemnly swear that the testimony you shall give in this matter shall be the truth, the whole truth and nothing but the truth, so help you God.
(c)
Every person who declares that he or she has conscientious scruples against taking the oath, or swearing in the usual form, shall make a solemn declaration or affirmation, which may be in the following form: Do you solemnly, sincerely and truly declare and affirm that the testimony you shall give in this matter shall be the truth, the whole truth and nothing but the truth; and this you do under the pains and penalties of perjury.
(d)
The assent to the oath or affirmation by the person making it may be manifested by the uplifted hand.
(3)
The standard of proof for conviction of any person charged with violation of any municipal ordinance shall be evidence that is clear, is satisfactory, and convinces the judge to a reasonable certainty.
(4)
Except as provided in s. 938.17 (2) (h) 3., the court shall be bound by the rules of evidence specified in chs. 901 to 911.
(5)
If a defendant does not appear at trial, the court may enter a default judgment under s. 800.09.
History:  1977 c. 305; 1979 c. 32 ss. 68, 92 (17); Stats. 1979 s. 800.08; 1997 a. 205; 2009 a. 402; 2013 a. 107.
2023 Wisconsin Statutes & Annotations › Chapter 800 - Municipal court procedure. › 800.085 - Telephone and audiovisual proceedings.

800.085
Telephone and audiovisual proceedings.
At any proceeding under this chapter, a party, witness, or interpreter may appear by telephone or by audiovisual means if any of the following applies:
(1)
The parties so stipulate and the court approves.
(2)
The court finds good cause after considering the following factors:
(a)
Whether any undue surprise or prejudice would result.
(b)
Whether the proponent has been unable, after due diligence, to procure the physical presence of the witness.
(c)
The convenience of the parties and the proposed witness and the cost of producing the witness in relation to the importance of the offered testimony.
(d)
Whether the procedure would allow full effective cross-examination, especially where availability to counsel of documents and exhibits available to the witness would affect such cross-examination.
(e)
The importance of presenting the testimony of witnesses in open court, where the finder of fact may observe the demeanor of the witness, and where the solemnity of the surroundings will impress upon the witness the duty to testify truthfully.
(f)
Whether the quality of the communication is sufficient to understand the offered testimony.
(g)
Whether a physical liberty interest is at stake in the proceeding.
(h)
Financial or physical limitations on the ability of the defendant or counsel for the defendant to be physically present.
(i)
Any other factors as the court may, in each individual case, determine to be relevant.
History:  2009 a. 402; 2019 a. 70; 2021 a. 240 s. 30.
2023 Wisconsin Statutes & Annotations › Chapter 800 - Municipal court procedure. › 800.10 - Fees and costs in municipal court.

800.10
Fees and costs in municipal court.
(1)
Fees and costs in municipal court are prescribed in ch. 814.
(2)
All forfeitures, fees, surcharges, and costs paid to a municipal court under a judgment before a municipal judge shall be reported and paid to the municipal treasurer within 30 days after receipt of the money by the municipal court. The treasurer shall disburse the fees as provided in ch. 814.
History:  1981 c. 317; 1987 a. 27; 1991 a. 39; 1993 a. 16; 1999 a. 9; 2001 a. 16; 2003 a. 139; 2009 a. 402.
2023 Wisconsin Statutes & Annotations › Chapter 800 - Municipal court procedure. › 800.11 - Municipal court record and transcript entries.

800.11
Municipal court record and transcript entries.
(1)
Every municipal court shall keep a court record in which the court shall enter, in actions to which they relate:
(a)
The title of every action commenced before the municipal court, including the name and address of the defendant;
(b)
The process issued, date and place where it issued, when returnable and the return of the officer;
(c)
A brief statement of the charges, including the nature and time of the offense and the section of law violated;
(d)
Every adjournment, stating at whose request and to what time;
(e)
The date and time trial was held;
(f)
The names of witnesses sworn, stating at whose request;
(g)
The judgment rendered by the municipal court, including the penalties imposed, the date of rendering judgment and the costs assessed in the action;
(h)
The record of contempt convictions under s. 800.12;
(i)
The amount of bail and names and addresses of sureties, if any;
(j)
The time of ordering any stay of execution;
(k)
The time of issuing execution and the name of the officer to whom delivered;
(m)
The return of every execution and when made and every renewal of an execution, with the date thereof;
(n)
The date and reason of removal of the action to another court;
(o)
The date of giving transcript of judgment;
(p)
The date of an appeal made from judgment; and
(q)
All motions made in the action, the decision thereon and all other proceedings in the action which the municipal court may think useful.
(2)
Failure of the municipal court to keep a court record properly shall not affect the jurisdiction of the municipal court or render the judgment void.
(3)
The transcript of judgment shall contain the following:
(a)
The name and location of the court.
(b)
The title of action.
(c)
The name and address of the defendant.
(d)
The date of judgment.
(e)
The amount of judgment, costs and fees.
(f)
The certification that it is a true copy of the judgment.
(4)
If the municipal judge is elected under s. 755.01 (4), the court shall keep separate court records for each municipality.
History:  1977 c. 305; 1979 c. 32 ss. 68, 92 (17); Stats. 1979 s. 800.11; 1985 a. 89; 1995 a. 224; 2009 a. 402.
2023 Wisconsin Statutes & Annotations › Chapter 800 - Municipal court procedure. › 800.115 - Relief from judgment.

800.115
Relief from judgment.
(1)
A defendant may within 6 months after the judgment is entered move for relief from the judgment because of mistake, inadvertence, surprise, or excusable neglect.
(2)
Any party, including the court on its own motion, may at any time move to reopen the judgment under s. 806.07 (1) (c), (d), (g), or (h).
(3)
Nothing in this section shall prevent the parties from stipulating and the court approving the reopening of a judgment for any other reason justifying relief from operation of the judgment.
(4)
The court may impose costs on the motion as allowed under s. 814.07, except that any costs shall be based on the expense associated with the motion and the court shall consider the defendant's ability to pay the costs using the factors in s. 814.29 (1) (d) 1. to 3. No costs may be imposed as a requirement of filing the motion.
(5)
Upon making a motion under this section, the court shall provide notice to all parties and schedule a hearing on the motion. Upon receiving a motion under this section, the court may enter an order denying the motion for failure to state grounds upon which relief may be granted, schedule a hearing on the motion, or enter an order based on written submissions from the parties.
History:  1987 a. 389; 2009 a. 402; 2019 a. 70.
Only a defendant may seek relief under this section. However a municipal court has the inherent authority to vacate a void judgment irrespective of the statute's requirements for reopening a judgment. City of Kenosha v. Jensen, 184 Wis. 2d 91, 516 N.W.2d 4 (Ct. App. 1994).
2023 Wisconsin Statutes & Annotations › Chapter 800 - Municipal court procedure. › 800.12 - Municipal court contempt procedure.

800.12
Municipal court contempt procedure.
(1)
In this section, “contempt of court" means any of the following intentional acts:
(a)
Misconduct in the presence of the court that interferes with the court proceeding or with the administration of justice, or that impairs the respect due the court.
(b)
Refusal of a witness to appear without reasonable excuse.
(2)
A judge may impose a forfeiture in an amount not to exceed $200 for a contempt of court.
(3)
For a contempt of court described in sub. (1) (a), the judge may impose imprisonment in the county jail for not more than 7 days and impose a forfeiture. These penalties shall be imposed immediately after the contempt of court has occurred and only under the following conditions:
(a)
For the purpose of preserving order in the court and protecting the authority and dignity of the court.
(b)
After allowing the person who committed the contempt of court an opportunity to address the court.
(4)
For a contempt of court described in sub. (1) (b), the judge may do any of the following:
(a)
Issue a warrant to bring the witness before the court for the contempt and to testify.
(b)
In addition to ordering the witness to pay a forfeiture under sub. (2), the judge may order the witness to pay all costs of the witness's apprehension.
History:  1977 c. 305; 1979 c. 32 s. 68; 1979 c. 257; Stats. 1979 s. 800.12; 1987 a. 27; 1989 a. 107; 1991 a. 39; 1993 a. 16; 1997 a. 27; 1999 a. 9; 2001 a. 16; 2003 a. 139; 2009 a. 402.
2023 Wisconsin Statutes & Annotations › Chapter 800 - Municipal court procedure. › 800.13 - Recording in municipal court.

800.13
Recording in municipal court.
(1)
Every proceeding in which testimony is taken under oath or affirmation, hearing on a motion under s. 800.115, and hearing regarding whether the defendant is unable to pay the judgment because of poverty, as that term is used in s. 814.29 (1) (d), in a municipal court shall be recorded by electronic means for purposes of appeal.
(2)
Notwithstanding sub. (1), a municipal court is not a court of record.
History:  1977 c. 305; 1979 c. 32 s. 68; 1979 c. 237; Stats. 1979 s. 800.13; 2009 a. 402; 2019 a. 70.
2023 Wisconsin Statutes & Annotations › Chapter 801 - Civil procedure — commencement of action and venue. › 801.01 - Kinds of proceedings; scope of chs. 801 to 847.

801.01
Kinds of proceedings; scope of chs. 801 to 847.
(1)
Kinds. Proceedings in the courts are divided into actions and special proceedings. In chs. 801 to 847, “action" includes “special proceeding" unless a specific provision of procedure in special proceedings exists.
(2)
Scope. Chapters 801 to 847 govern procedure and practice in circuit courts of this state in all civil actions and special proceedings whether cognizable as cases at law, in equity or of statutory origin except where different procedure is prescribed by statute or rule. Chapters 801 to 847 shall be construed, administered, and employed by the court and the parties to secure the just, speedy and inexpensive determination of every action and proceeding.
(3)
Effective dates.
(a)
Chapters 801 to 803 shall apply to all actions commenced on or after January 1, 1976.
(b)
Chapters 804 to 807 shall apply to all actions pending or commenced on or after January 1, 1976, except those actions in which trial has commenced prior to January 1, 1976, as to which the statutes and rules in effect prior to January 1, 1976, shall continue to apply.
(c)
Amendments and repeals of sections outside of chs. 801 to 807 shall be effective as follows:
1.
Amendments and repeals effected in order to conform with provisions in chs. 801 to 803 shall apply to all actions commenced on or after January 1, 1976.
2.
Amendments and repeals other than those effected in order to conform with provisions in chs. 801 to 803 shall take effect on January 1, 1976, as to all actions then pending or thereafter commenced, except as provided in par. (b).
History:  Sup. Ct. Order, 67 Wis. 2d 585, 588 (1975); 1977 c. 449; 1979 c. 89; 1981 c. 390; 2015 a. 196; 2017 a. 235.
Chs. 801 to 847 apply to in rem actions under s. 161.555 [now s. 961.555] and under s. 801.07 may not be brought against an inanimate object as sole “defendant." State v. One 1973 Cadillac, 95 Wis. 2d 641, 291 N.W.2d 626 (Ct. App. 1980).
An “action" includes special proceedings such as probate. In Matter of Estate of Martz, 171 Wis. 2d 89, 491 N.W.2d 772 (Ct. App. 1992).
The applicability of chs. 801 to 847 in civil actions is not determined by a “mere alleged incompatibility" of statutes. Without an explicit or implicit prescription by the statute of a “different procedure," chs. 801 to 847 are applicable in civil proceedings. State v. Brown, 215 Wis. 2d 716, 573 N.W.2d 884 (Ct. App. 1997), 96-1211.
Summary judgment procedure is inconsistent with, and unworkable in, ch. 345 forfeiture proceedings. State v. Schneck, 2002 WI App 239, 257 Wis. 2d 704, 652 N.W.2d 434, 02-0513.
Summary judgment is inapplicable in ch. 343 hearings. State v. Baratka, 2002 WI App 288, 258 Wis. 2d 342, 654 N.W.2d 875, 02-0770.
The new Wisconsin rules of civil procedure: Chapters 801-803. Clausen & Lowe. 59 MLR 1.
2023 Wisconsin Statutes & Annotations › Chapter 801 - Civil procedure — commencement of action and venue. › 801.03 - Jurisdiction; definitions.

801.03
Jurisdiction; definitions.
In this chapter, the following words have the designated meanings:
(1)
“Defendant" means the person named as defendant in a civil action, and where in this chapter acts of the defendant are referred to, the reference attributes to the defendant any person's acts for which acts the defendant is legally responsible. In determining for jurisdiction purposes the defendant's legal responsibility for the acts of another, the substantive liability of the defendant to the plaintiff is irrelevant.
(2)
“Person" means any natural person, partnership, association, and body politic and corporate.
(3)
“Plaintiff" means the person named as plaintiff in a civil action, and where in this chapter acts of the plaintiff are referred to, the reference attributes to the plaintiff the acts of an agent within the scope of the agent's authority.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 591 (1975); 1975 c. 218; 1983 a. 189.
Illegal aliens have the right to sue in Wisconsin for injuries negligently inflicted upon them. Arteaga v. Literski, 83 Wis. 2d 128, 265 N.W.2d 148 (1978).
2023 Wisconsin Statutes & Annotations › Chapter 801 - Civil procedure — commencement of action and venue. › 801.04 - Jurisdictional requirements for judgments against persons, status and things.

801.04
Jurisdictional requirements for judgments against persons, status and things.
(1)
Jurisdiction of subject matter required for all civil actions. A court of this state may entertain a civil action only when the court has power to hear the kind of action brought. The power of the court to hear the kind of action brought is called “jurisdiction of the subject matter". Jurisdiction of the subject matter is conferred by the constitution and statutes of this state and by statutes of the United States; it cannot be conferred by consent of the parties. Except as provided in s. 813.015, nothing in chs. 801 to 847 affects the subject matter jurisdiction of any court of this state.
(2)
Personal jurisdiction. A court of this state having jurisdiction of the subject matter may render a judgment against a party personally only if there exists one or more of the jurisdictional grounds set forth in s. 801.05 or 801.06 and in addition either:
(a)
A summons is served upon the person pursuant to s. 801.11; or
(b)
Service of a summons is dispensed with under the conditions in s. 801.06.
(3)
Jurisdiction in rem or quasi in rem. A court of this state having jurisdiction of the subject matter may render a judgment in rem or quasi in rem upon a status or upon a property or other thing pursuant to s. 801.07 and the judgment in such action may affect the interests in the status, property or thing of all persons served pursuant to s. 801.12 with a summons and complaint or notice of object of action as the case requires.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 591 (1975); 1979 c. 89; 2015 a. 4.
A court having jurisdiction may decline to exercise it if there are sufficient policy reasons to do so. Jones v. Jones, 54 Wis. 2d 41, 194 N.W.2d 627 (1972).
State courts, including small claims courts, have a constitutional obligation to hear and decide 42 USC 1983 cases whether or not the federal right asserted is pendent to a state claim. Terry v. Kolski, 78 Wis. 2d 475, 254 N.W.2d 704 (1977).
A prior adult proceeding that litigated the question of the respondent's age collaterally estopped the state from relitigating the same question in juvenile court. The juvenile court has subject matter jurisdiction of the case. In Interest of H.N.T., 125 Wis. 2d 242, 371 N.W.2d 395 (Ct. App. 1985).
Subject to limited exceptions, complainants in 42 USC 1983 actions need not exhaust administrative remedies prior to being brought in state court. Casteel v. Vaade, 167 Wis. 2d 1, 481 N.W.2d 277 (1992).
State court jurisdiction. 1978 WLR 533.
2023 Wisconsin Statutes & Annotations › Chapter 801 - Civil procedure — commencement of action and venue. › 801.06 - Personal jurisdiction, grounds for without service of summons.

801.06
Personal jurisdiction, grounds for without service of summons.
A court of this state having jurisdiction of the subject matter may, without a summons having been served upon a person, exercise jurisdiction in an action over a person with respect to any counterclaim asserted against that person in an action which the person has commenced in this state and also over any person who appears in the action and waives the defense of lack of jurisdiction over his or her person as provided in s. 802.06 (8). An appearance to contest the basis for in rem or quasi in rem jurisdiction under s. 802.06 (2) (a) 3. without seeking any other relief does not constitute an appearance within the meaning of this section.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 596 (1975); 1975 c. 218; 1993 a. 213.
2023 Wisconsin Statutes & Annotations › Chapter 801 - Civil procedure — commencement of action and venue. › 801.08 - Objection to personal jurisdiction.

801.08
Objection to personal jurisdiction.
(1)
All issues of fact and law raised by an objection to the court's jurisdiction over the person or property as provided by s. 802.06 (2) shall be heard by the court without a jury in advance of any issue going to the merits of the case. If, after such a hearing on the objection, the court decides that it has jurisdiction, the case may proceed on the merits; if the court decides that it lacks jurisdiction, the defendant shall be given the relief required by such decision.
(2)
Factual determinations made by the court in determining the question of personal jurisdiction over the defendant shall not be binding on the parties in the trial of the action on the merits.
(3)
No guardian or guardian ad litem may, except as provided in this subsection, waive objection to jurisdiction over the person of the ward. If no objection to the jurisdiction of the court over the person of the ward is raised pursuant to s. 802.06 (2), the service of an answer or motion by a guardian or guardian ad litem followed by a hearing or trial shall be equivalent to an appearance and waiver of the defense of lack of jurisdiction over the person of the ward.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 598 (1975); 1979 c. 110 s. 60 (7); Sup. Ct. Order, 101 Wis. 2d xi.
Judicial Council Note, 1981: The last sentence of sub. (1) has been repealed because it erroneously implied that non-final orders deciding jurisdictional questions were appealable as of right. This has not been true since ch. 187, Laws of 1977 repealed s. 817.33 (3) (f), Wis. Stats. (1975) and created s. 808.03 (1), Wis. Stats. (1977). Heaton v. Independent Mortuary Corp. 97 Wis. 2d 379, 294 N.W.2d 15 (1980). [Re Order effective July 1, 1981]
A jurisdiction dispute may not be resolved on motion. Merco Distributing Corp. v. O&R Engines, Inc., 71 Wis. 2d 792, 239 N.W.2d 97 (1976).
An order denying a motion to dismiss for lack of personal jurisdiction is appealable by permission under s. 808.03 (2). Heaton v. Independent Mortuary Corp., 97 Wis. 2d 379, 294 N.W.2d 15 (1980).
An order denying a motion to dismiss based on jurisdiction under sub. (1) is not a final order and is not appealable as of right under s. 808.03 (1). Grulkowski v. DOT, 97 Wis. 2d 615, 294 N.W.2d 43 (Ct. App. 1980).
The trial court erred in denying plaintiff's request for an evidentiary hearing. The plaintiff has no burden to prove jurisdictional facts prior to a hearing. Henderson v. Milex Products, Inc., 125 Wis. 2d 141, 370 N.W.2d 291 (Ct. App. 1985).
Conducting pretrial discovery does not constitute “going to the merits of the case" under sub. (1) and does not waive an objection raised under s. 802.06 (2). Honeycrest Farms v. Brave Harvestore Systems, 200 Wis. 2d 256, 546 N.W.2d 192 (Ct. App. 1996), 95-1789.
2023 Wisconsin Statutes & Annotations › Chapter 801 - Civil procedure — commencement of action and venue. › 801.12 - Jurisdiction in rem or quasi in rem, manner of serving summons for; notice of object of action.

801.12
Jurisdiction in rem or quasi in rem, manner of serving summons for; notice of object of action.
(1)
A court of this state exercising jurisdiction in rem or quasi in rem pursuant to s. 801.07 may affect the interests of a defendant in such action only if a summons and either a copy of the complaint or a notice of the object of the action under sub. (2) have been served upon the defendant as follows:
(a)
If the defendant is known, defendant may be served in the manner prescribed for service of a summons in s. 801.11, but service in such a case shall not bind the defendant personally to the jurisdiction of the court unless some ground for the exercise of personal jurisdiction exists.
(b)
If the defendant is unknown the summons may be served by publication thereof as a class 3 notice, under ch. 985.
(2)
The notice of object of action shall be subscribed by the plaintiff or attorney and shall state the general object of the action, a brief description of all the property affected by it, if it affects specific real or personal property, the fact that no personal claim is made against such defendant, and that a copy of the complaint will be delivered personally or by mail to such defendant upon request made within the time fixed in s. 801.09 (2). If a defendant upon whom such notice is served unreasonably defends the action the defendant shall pay costs to the plaintiff.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 606 (1975); 1975 c. 218.
Personal jurisdiction in fact, in addition to statutorily acceptable service, is a condition precedent to the exercise of jurisdiction in rem or quasi in rem upon a status or upon a property. Montalvo v. U.S. Title & Closing Services, LLC, 2013 WI App 8, 345 Wis. 2d 653, 827 N.W.2d 635, 12-0102.
2023 Wisconsin Statutes & Annotations › Chapter 801 - Civil procedure — commencement of action and venue. › 801.13 - Summons; when deemed served.

801.13
Summons; when deemed served.
A summons is deemed served as follows:
(1)
A summons served personally upon the defendant or by substituted personal service upon another authorized to accept service of the summons for the defendant is deemed served on the day of service.
(2)
A summons served by publication is deemed served on the first day of required publication.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 607 (1975).
2023 Wisconsin Statutes & Annotations › Chapter 801 - Civil procedure — commencement of action and venue. › 801.145 - Form of papers.

801.145
Form of papers.
(1)
Except for exhibits and wills, the size of all papers filed in court shall be no larger than 8 1/2 inches by 11 inches.
(2)
The clerk of circuit court or register in probate shall return any paper not in conformity with sub. (1) to the person or party attempting to file it.
History:  Sup. Ct. Order, 120 Wis. 2d xv (1984).