Wisconsin Statutes

Wis. Stat. § 345.36 (2026)

Not guilty plea; failure to appear

✓ current as of July 2026

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345.36345.36 Not guilty plea; failure to appear.

345.36(1)(1) Except as provided in this subsection, if the defendant pleads not guilty, the court shall set a future date for trial or advise the defendant that notice will later be sent of the date set for trial. If the defendant appears in response to a nonmoving traffic violation under s. 345.28, the court may provide an immediate trial. The court shall release the defendant if he or she posts an appearance bond, or the court may release the defendant on recognizance or without bail. A defendant not so released shall be committed to jail to await trial.

345.36(2)(2) If a defendant fails to appear at the date set under sub. (1), the court shall either:

345.36(2)(a)(a) Issue a warrant under ch. 968 and, if the defendant has posted bond for appearance at that date, the court may order the bond forfeited; or

345.36(2)(b)(b) Deem the nonappearance a plea of no contest and enter judgment accordingly. If the defendant has posted bond for appearance at that date, the court may also order the bond forfeited. The court shall promptly mail a copy of the judgment to the defendant. The judgment shall allow not less than 20 days from the date thereof for payment of any forfeiture, plus costs, fees, and surcharges imposed under ch. 814. If the defendant moves to open the judgment within 20 days after the date set for trial, and shows to the satisfaction of the court that the failure to appear was due to mistake, inadvertence, surprise, or excusable neglect, the court shall open the judgment, reinstate the not guilty plea, and set a new trial date. The court may impose costs under s. 814.07. The court shall immediately notify the department to delete the record of conviction based upon the original judgment.

345.36(3)(3) If the offense involved is a nonmoving traffic violation and the defendant is subject to s. 345.28 (5) (c), a default judgment may be entered and opened as provided in s. 345.28 (5) (c).

345.36 HistoryHistory: 1971 c. 278; 1983 a. 231; 1987 a. 27; 1991 a. 39; 1993 a. 16; 1997 a. 27, 135; 2001 a. 16; 2003 a. 139; 2017 a. 40.

Notes of Decisions

Cited in 2 cases, 1983–2019 · leading case: Waukesha Cnty. v. S.L.L. (In Re Mental Commitment of S.L.L.), 929 N.W.2d 140 (Wis. 2019).

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Waukesha Cnty. v. S.L.L. (In Re Mental Commitment of S.L.L.), 929 N.W.2d 140 (Wis. 2019). · cites it 6× “26 We held this was error because the traffic code, specifically Wis. Stat. § 345.36 (1981-82), provided the procedure for dealing with defendants who do not appear for trial.”

Cnty. of Walworth v. Spalding, 329 N.W.2d 925 (Wis. 1983). · cites it 4× “Because sec. 345.36, Stats., unambiguously provides the procedure to be followed when a defendant fails to appear at trial following the entry of a not guilty plea, we hold that the trial court was without authority to enter a plea of no contest and a default judgment pursuant…”

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