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The Court of Appeals issues a written decision in every case. The Court's publication committee determines which decisions will be published. If a decision is published, it may be cited as precedential authority. No testimony is taken in the Court of Appeals.
How do I file the Small Claims Case? Complete the Summons and Complaint, (SC-500) form or Summons and Complaint (with Instructions), (SC-500I) form and make two (2) copies for each defendant. Take the original and copies to the clerk of court's office for filing and payment of the filing fee.
The court may set any criminal case for a pre-trial hearing before it is set for trial. A pre-trial is a meeting with the state's attorney and the defendant and/or his or her attorney to determine the following: Any motions that the defendant or defendant's attorney wants to file.
Go to the courthouse. The small claims court clerk will supply you with the necessary forms (a summons and a complaint form) to begin your action. List your name as the plaintiff. You are the person filing the lawsuit.
In civil appeals, the Court of Appeal proceeds by a method called ?rehearing.? Under this method, the court typically does not recall witnesses or hear evidence but reviews the case from the record made at trial and from the judge's notes.
During a pre-trial, the defense attorney meets with the prosecutor and the judge. The attorneys discuss the strengths and weaknesses of their cases, explore plea bargain possibilities, and discuss evidence that needs to be exchanged before it can be presented at trial.
The Wisconsin Supreme Court, on its own motion, can decide to review a matter appealed to the Court of Appeals, ultimately bypassing the Court of Appeals. This is called Direct Review. It takes a vote of at least four justices to take a case on Direct Review.
Pre-trial conferences are scheduled when a not guilty plea is registered. Pre-trial conferences are an opportunity for the defendant and the City Attorney to discuss the facts of the case and attempt to resolve any issues in an effort to avert the issue from going to trial.
Under Rule 18 of the Rules of Court, pre-trial is mandatory. Sec. 1 of the Rules states, to wit: ?Section 1.
The primary function of the Wisconsin Court of Appeals is to correct errors from Circuit Court cases. Court of appeals opinions become binding precedent unless the Wisconsin Supreme Court overrules them. Judges of the Court of Appeals sit in three-judge panels for most appeals.