Appeals & Trial De Novo
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 they made the right decision and/or followed the correct procedure.
Trial De Novo/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 De Novo 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 or Injunction
Once a petition for a Restraining Order/Injunction has been granted or denied by a Circuit Court Commissioner, and you are not satisfied with the decision, any party may request a review by a Circuit Court Judge. This request must be made in writing, using the Motion for De Novo Hearing on a Temporary Restraining Order or Injunction form and filed in the Civil Division of the Waukesha County Courthouse. A Circuit Court Judge will review your request and provide a decision, or schedule a court date and send notice to all parties.
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. 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 twenty (20) days from the date the Municipal Judge made the decision, or the right to appeal is forfeited. Once the appeal is filed, the case will be heard by a Circuit Court Judge in the county where the offense occurred. This information applies only to 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 wish to appeal the decision, you must file an appeal with the Wisconsin Court of Appeals.
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.
