Appeals & Trial DeNovo
Appeal:
If you are not satisfied with a court decision (judgment or order) made by a Circuit Court Judge, you are entitled to appeal that decision to the Court of Appeals. An appeal asks the Court of Appeals to look at what the Circuit Court Judge did to determine if the he/she made the right decision and/or followed the correct procedure.
Trial DeNovo/Demand for Trial:
If you are not satisfied with a decision (judgment or order) made by a Circuit Court Commissioner, you are entitled to appeal that decision to a Circuit Court Judge. Parties can request a Trial DeNovo in two types of Civil Matters: Restraining Orders and Small Claims actions. Both require a Circuit Court Judge to hear the case as if it was never heard before.
De Novo Review of Restraining Order (Injunction)
Once a restraining order has been granted or denied by a Circuit Court Commissioner any party may request a re-hearing before a Circuit Court Judge. This request must be made in writing and filed in Room C-167 of the Civil Division of the Waukesha County Courthouse. The court will schedule a date and send notice to all parties. The Motion for De Novo hearing on a Temporary Restraining Order or Injunction can be found here.
Municipal Court Appeal:
If you are not satisfied with a court decision (judgment or order) made by a Municipal Court Judge, you are entitled to appeal that decision to the Circuit Court. A municipal court appeal asks a Circuit Court Judge to review or retry the case.
Forms & Instructions:
This information only applies to those tickets or citations disposed of in a municipal court within Waukesha County.
If judgment was entered by a Circuit Court Judge or Commissioner at the Waukesha County Courthouse and you want to appeal the decision, you must file an appeal with the Wisconsin Court of Appeals.
The Wisconsin Statutes provide that any party to an action has the right to appeal (have heard again) a decision made by a municipal court judge. The appeal must be filed with the municipal court within 20 days from the day the municipal judge made a decision, or the right to appeal is given up forever. Once the appeal is filed, the case is heard by a circuit court judge in the county where the offense occurred.
The instructions for this process can be found below, but you must contact the municipality that issued the citation for the correct Notice of Appeal. It is very important that you print and follow the Instructions.
