Wisconsin Motion and Order to Reopen Hearing is a legal process in which a party can request a court to reopen a case or hearing in order to present additional evidence or review new facts. This motion is filed when a party believes that there was an error in the original ruling or that new evidence has become available that could change the outcome of the case. There are three main types of Wisconsin Motion and Order to Reopen Hearing: Motion to Reopen a Judgment, Motion to Reopen a Sentence, and Motion to Reopen a Hearing. Each of these motions must be filed in the court of the original ruling and typically require a fee. The motion must include a detailed explanation of why the case should be reopened and any relevant new evidence. Upon filing the motion, the court will typically hold a hearing to decide if the case will be reopened.
Wisconsin Motion and Order to Reopen Hearing
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FAQ
Supreme Court Rule 70.36 dictates that a circuit court judge "shall decide each matter submitted for decision within 90 days of the date on which the matter is submitted to the judge in final form." If a decision can not be made within 90 days, the judge shall certify this in the record of the matter and notify the
To file a request to reopen, you must write to the Milwaukee Municipal Court, 951 North James Lovell Street, Milwaukee, Wisconsin 53233, or send an email to municourt@milwaukee.gov.
If you failed to appear for your scheduled small claims court date: if you are the defendant a judgment may be entered against you; if you are the plaintiff, your case may have been dismissed. Generally, you may file a motion to reopen the case within 12 months of the judgment.
A motion to reopen asks the court to reexamine the case. To successfully do this, there has to be new evidence that was discovered after the conclusion of the case. In a reopened case, the new evidence will be heard by the exact same judge, who will then render an updated verdict.
The judge will hear from both sides and decide whether or not to reopen the case. If the judge does not allow the reopening, the original judgment will stay in place. If the judge allows the reopening, you will get a trial date.
Wisconsin State Law allows a defendant six (6) months from the judgement date to file a request to reopen a citation. To initiate a request to reopen the citation, the defendant must submit a request in writing.