AB204,11,2320
800.095
(7) In addition to the procedures under this section,
the court or a
21municipality may enforce the judgment in the same manner as for a judgment in an
22ordinary civil action
, including entry into the judgment and lien docket as provided
23under s. 806.12.
AB204,28
24Section
28. 800.115 (4) of the statutes is amended to read:
AB204,12,4
1800.115
(4) The court may impose costs on the motion as allowed under s.
2814.07
, except that any costs shall be based on the expense associated with the
3motion and the court shall consider the defendant's ability to pay the costs. No costs
4may be imposed as a requirement of filing the motion.
AB204,29
5Section
29. 800.115 (5) of the statutes is amended to read:
AB204,12,116
800.115
(5) Upon
receiving or making a motion under this section, the court
7shall provide notice to all parties and schedule a hearing on the motion.
Upon
8receiving a motion under this section, the court may enter an order denying the
9motion for failure to state grounds upon which relief may be granted, schedule a
10hearing on the motion, or enter an order based on written submissions from the
11parties.
AB204,30
12Section
30. 800.13 (1) of the statutes is amended to read:
AB204,12,1713
800.13
(1) Every proceeding in which testimony is taken under oath or
14affirmation
, 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
17purposes of appeal.
AB204,31
18Section
31. 800.14 (1) of the statutes is amended to read:
AB204,12,2519
800.14
(1) Appeals from judgments, decisions on motions brought under s.
20800.115, or determinations regarding whether the defendant is unable to pay the
21judgment because of poverty, as that term is used in s. 814.29 (1) (d), may be taken
22by either party to the circuit court of the county where the offense occurred. The
23appellant shall appeal by giving the municipal
judge court and other party written
24notice of appeal
and paying any required fees within 20 days after the judgment or
25decision. No appeals may be taken from default judgments.
AB204,32
1Section
32. 800.14 (2) of the statutes is repealed.
AB204,33
2Section
33. 800.14 (2m) of the statutes is created to read:
AB204,13,73
800.14
(2m) Upon receipt by the municipal court of the notice of appeal and any
4required fees and, if a trial has been held, after the 20 day time period under sub. (4)
5has passed, the appeal has been perfected. Within 30 days after perfection, the
6municipal 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.
AB204,34
8Section
34. 800.14 (3) of the statutes is amended to read:
AB204,13,139
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
11enforcement of the order of the municipal court shall be stayed until the final
12disposition 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.
AB204,35
14Section
35. 800.14 (4) of the statutes is renumbered 800.14 (4) (intro.) and
15amended to read:
AB204,13,2016
800.14
(4) (intro.) An appeal from a judgment where a trial has been held shall
17be on the record unless, within 20 days after notice of appeal has been filed with the
18municipal court under sub. (1), either party requests that a new trial be held in
19circuit court. The new trial shall be conducted by the court without a jury unless
20either party one of the following applies:
AB204,13,24
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
23municipality requests a 6-person jury trial and posts the jury fee under s. 814.61 (4)
24within 10 days after the order for a new trial.
AB204,36
25Section
36. 800.14 (4) (b) of the statutes is created to read:
AB204,14,3
1800.14
(4) (b) If par. (a) does not apply, either party requests a 6-person jury
2trial and posts the jury fee under s. 814.61 (4) within 10 days after the order for a new
3trial.
AB204,37
4Section
37. 800.14 (5) of the statutes is amended to read:
AB204,14,225
800.14
(5) If there is no request
or motion under sub. (4), or if the appeal is from
6a judgment or decision in which a trial has not been held, the appeal shall be based
7upon a review of the proceedings in the municipal court
. The, and the municipal
8court shall transmit to the circuit court a copy of the entire record, including any
9electronic 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 15order the preparation of a transcript of the proceedings
by any qualified court
16reporter, 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
22court.
AB204,15,2
23(5m) A defendant claiming an inability to pay with regard to
the bond or the
24transcript fee
may petition the municipal court for a waiver. A defendant claiming
1an inability to pay with regard to, the appeal fee
, or
the jury fee may petition the
2circuit court for a waiver.
AB204,38
3Section 38
. 806.10 (1) (intro.) of the statutes is amended to read:
AB204,15,84
806.10
(1) (intro.) At the time of entry of a judgment directing in whole or in
5part the payment of money, or a judgment naming a spouse under s. 806.15 (4), and
6upon payment of the exact amount of the fee prescribed in s. 814.61 (5)
(b) (am) 2.,
7the clerk of circuit court shall enter the judgment in the judgment and lien docket,
8arranged alphabetically, including all of the following:
AB204,39
9Section 39
. 806.14 of the statutes is amended to read:
AB204,15,16
10806.14 Enforcement of real estate judgment in other counties. If a
11judgment affecting real property is rendered in any county other than that in which
12the property is situated, the clerk of circuit court of the county where the property
13is situated shall, upon production of a duly certified copy of the judgment and
14payment of the fee specified by s. 814.61 (5)
(b)
(am) 2., file and enter the judgment
15in the judgment and lien docket. The judgment may be enforced in the circuit court
16for either county.
AB204,40
17Section
40. 814.61 (5) of the statutes is renumbered 814.61 (5) (am).
AB204,41
18Section
41. 814.61 (5) (bm) of the statutes is created to read:
AB204,15,2019
814.61
(5) (bm) Paragraph (am) does not apply to a judgment rendered in
20municipal court.
AB204,42
21Section
42. 814.63 (2) of the statutes is amended to read:
AB204,16,422
814.63
(2) Upon the disposition of a forfeiture action in circuit court for
23violation of a county, town, city, village, town sanitary district, or public inland lake
24protection and rehabilitation district ordinance, except for an action for a financial
25responsibility violation under s. 344.62 (2)
or
, for a violation under s. 343.51 (1m) (b)
1or, for 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
3inland lake protection and rehabilitation district shall pay a nonrefundable fee of $5
4to the clerk of circuit court.
AB204,43
5Section
43. 814.63 (4) of the statutes is amended to read:
AB204,16,126
814.63
(4) In forfeiture actions in which a county, town, city, village, town
7sanitary district or public inland lake protection and rehabilitation district prevails,
8costs and disbursements shall be allowed to the county, town, city, village, town
9sanitary district or public inland lake protection and rehabilitation district subject
10only 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.
AB204,44
13Section
44. 885.04 of the statutes is amended to read:
AB204,16,19
14885.04 Municipal judge; subpoena served in state. A subpoena to require
15attendance before a municipal judge may be served anywhere in the state if
16authorized by the municipal judge, and shall require the attendance of any witness
17so 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.