Wisconsin Statutes

Wis. Stat. § 345.40 (2026)

Pleading

✓ current as of July 2026

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345.40345.40 Pleading. A citation which complies with s. 345.11 or a complaint which complies with the appropriate provisions of ch. 968 may be used as the initial pleading, or the municipal judge, clerk or a deputy of the clerk may enter upon the records of the court a statement of the offense charged, which shall stand as a complaint, unless the court directs that formal complaint be made. Several counts may be joined in one complaint or a separate complaint may be prepared for each separate violation. The defendant’s plea shall be guilty, no contest or not guilty and shall be entered as not guilty upon failure to plead. A plea of not guilty shall put all matters in such case at issue.

345.40 HistoryHistory: 1971 c. 278; 1985 a. 332.

Notes of Decisions

Cited in 5 cases, 1980–2020 · leading case: State v. Schneck, 2002 WI App 239 (Wis. Ct. App. 2002).

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State v. Schneck, 2002 WI App 239 (Wis. Ct. App. 2002). · cites it 6× “11(5) and it "shall stand as a complaint" pursuant to Wis. Stat. § 345.40 . However, there is nothing in ch.”

State v. Ryan, 2012 WI 16 (Wis. 2012). · cites it 2× “Wis. Stat. § 345.40 . That sort of response is "not the equivalent of an answer in a conventional civil action" and does not "enable a trial court to determine if a material issue of fact or law has been joined.”

Cnty. of Milwaukee v. Proegler, 291 N.W.2d 608 (Wis. Ct. App. 1980). “*622 A person arrested without a warrant for violation of a traffic regulation must be issued a citation. Sec. 345.”

State v. Peterson, 306 N.W.2d 263 (Wis. Ct. App. 1981). “We therefore look to chs. 801 to 847, particularly to the provisions of sec.”

Vill. of Chenequa v. Jill Dahlquist (Wis. Ct. App. 2020). “§ 345.40. The Circuit Court Did Not Err in Further Explaining the Basis of its Constitutional Decision ¶22 Dahlquist argues that the circuit court erroneously exercised its discretion by failing to give a basis for its decision that the ordinance was not unconstitutional.”

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