Wisconsin Statutes

Wis. Stat. § 345.425 (2026)

Mode of trial

✓ current as of July 2026
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345.425345.425Mode of trial.
345.425(1)(1)The defendant shall be informed of his or her right to a jury trial in circuit court on payment of fees required by s. 345.43 (1).
345.425(2)(2)If both parties, in a court of record, request a trial by the court or if neither demands a trial by jury, the right to a trial by jury is waived.
345.425 HistoryHistory: 1971 c. 278; 1977 c. 305; 1977 c. 449 s. 497.
Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 1994–2021 · leading case: State v. Ameritech Corp., 517 N.W.2d 705 (Wis. Ct. App. 1994).
State v. Ameritech Corp., 517 N.W.2d 705 (Wis. Ct. App. 1994). · cites it 2× “Section 345.425(1). The court was concerned with the "chilling effect on the right when the fee is imposed on all who invoke the review of a jury in their defense," rather than the source of the defendant's right.”
Dodge Cnty. v. Cynthia M. Blandin (Wis. Ct. App. 2021). “43(1) provides that jury trials are required in civil traffic cases as long as either party files a written demand within 10 days after the defendant enters a not guilty plea and as long as the party pays the jury fee “immediately” after entering the plea.”
— Wis. Stat. § 345.425(1) — 1 case
State v. Ameritech Corp., 517 N.W.2d 705 (Wis. Ct. App. 1994). “Section 345.425(1). The court was concerned with the "chilling effect on the right when the fee is imposed on all who invoke the review of a jury in their defense," rather than the source of the defendant's right.”
— Wis. Stat. § 345.425(2) — 1 case
Dodge Cnty. v. Cynthia M. Blandin (Wis. Ct. App. 2021). “43(1) provides that jury trials are required in civil traffic cases as long as either party files a written demand within 10 days after the defendant enters a not guilty plea and as long as the party pays the jury fee “immediately” after entering the plea.”
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