Wisconsin Statutes

Wis. Stat. § 800.14 (2026)

Appeal from municipal court decision

✓ current as of July 2026

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800.14800.14 Appeal from municipal court decision.

800.14(1)(1) Appeals from judgments, decisions on motions brought under s. 800.115, or determinations regarding whether the defendant is unable to pay the judgment because of poverty, as that term is used in s. 814.29 (1) (d), may be taken by either party to the circuit court of the county where the offense occurred. The appellant shall appeal by giving the municipal court and other party written notice of appeal and paying any required fees within 20 days after the judgment or decision. No appeals may be taken from default judgments.

800.14(2m)(2m) Upon receipt by the municipal court of the notice of appeal and any required fees and, if a trial has been held, after the 20 day time period under sub. (4) has passed, the appeal is perfected. Within 30 days after perfection, the municipal court shall transmit the case to the circuit court as provided under sub. (5) and shall comply with the requirements of s. 343.325, if applicable.

800.14(3)(3) Upon perfection of the appeal under sub. (2m), execution on the judgment of the municipal court or enforcement of the order of the municipal court shall be stayed until the final disposition of the appeal, unless otherwise ordered by the municipal court prior to transmittal to the circuit court or unless ordered by the circuit court thereafter. An order lifting a stay may be reviewed by the circuit court at any time following transmittal to the circuit court, upon motion and good cause shown.

800.14(4)(4) An appeal from a judgment where a trial has been held shall be on the record unless, within 20 days after notice of appeal has been filed with the municipal court under sub. (1), either party requests that a new trial be held in circuit court. The new trial shall be conducted by the court without a jury unless one of the following applies:

800.14(4)(a)(a) If the defendant is charged with a violation of an ordinance that is in conformity with s. 346.63 (1) or (5) and did not proceed under s. 800.035 (5) (c), the municipality requests a 6-person jury trial and posts the jury fee under s. 814.61 (4) within 10 days after the order for a new trial.

800.14(4)(b)(b) If par. (a) does not apply, either party requests a 6-person jury trial and posts the jury fee under s. 814.61 (4) within 10 days after the order for a new trial.

800.14(5)(5) If there is no request under sub. (4), or if the appeal is from a judgment or decision in which a trial has not been held, the appeal shall be based upon a review of the proceedings in the municipal court, and the municipal court shall transmit to the circuit court a copy of the entire record, including any electronic recording created under s. 800.13 (1). If there is a request under sub. (4), the municipal court shall transmit to the circuit court as much of the record as deemed appropriate by the municipal court, but the transmission shall include, at the minimum, a copy of the citation or complaint and the judgment. The municipal court may supplement the transmission upon request of either party or the circuit court. The circuit court may order the preparation of a transcript of the proceedings by any qualified court reporter at the cost of the appellant. The transcript shall be deemed accurate unless determined otherwise by the municipal court, by request of either party or the circuit court.

800.14(5m)(5m) A defendant claiming an inability to pay with regard to the transcript fee, the appeal fee, or the jury fee may petition the circuit court for a waiver.

800.14(6)(6) The disposition of the appeal shall be certified to the municipal court by the circuit court within 30 days of the judgment of the circuit court. If the disposition requires payment of a forfeiture by the defendant, the forfeiture and all costs, fees, and surcharges shall be payable to the municipality.

800.14 HistoryHistory: 1977 c. 305; 1979 c. 32 ss. 68, 92 (17); 1979 c. 237; Stats. 1979 s. 800.14; 1981 c. 317 s. 2202; 1987 a. 389; 2005 a. 191; 2009 a. 402; 2019 a. 70; 2021 a. 240 s. 30.

800.14 AnnotationReview under sub. (5) is analogous to appellate review of a trial to the court under s. 805.17 (2). Village of Williams Bay v. Metzl, 124 Wis. 2d 356, 369 N.W.2d 186 (Ct. App. 1985).

800.14 AnnotationIn this case, when the municipal court found the defendant guilty of operating while intoxicated (OWI) and dismissed a prohibited blood alcohol concentration (BAC) charge without finding guilt, the defendant’s appeal of the OWI conviction did not give the circuit court jurisdiction to hear the BAC charge absent an appeal of the dismissal. Town of Menasha v. Bastian, 178 Wis. 2d 191, 503 N.W.2d 382 (Ct. App. 1993).

800.14 AnnotationThere is no statutory or constitutional requirement that a circuit court must hold a hearing or request briefs when conducting a transcript review under sub. (5). This section, when considered as a whole, affords municipal court appellants a meaningful right to be heard. City of Middleton v. Hennen, 206 Wis. 2d 347, 557 N.W.2d 818 (Ct. App. 1996), 95-3054.

800.14 AnnotationAppealing Municipal Court Judgments to Circuit Court. Anderegg. Wis. Law. Mar. 2006.

Notes of Decisions

Cited in 42 cases (9 in the last 5 years), 1981–2026 · leading case: City of Pewaukee v. Carter, 2004 WI 136 (Wis. 2004).

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City of Pewaukee v. Carter, 2004 WI 136 (Wis. 2004). · cites it 82× “The City requested a new trial *336 pursuant to Wis. Stat. § 800.14 (4) (2001-02), 2 which provides that upon a request from either party to a municipal court action (or on its own motion), the circuit court shall order that a new trial be held in circuit court.”

City of Sun Prairie v. Davis, 595 N.W.2d 635 (Wis. 1999). · cites it 10× “Davis appealed this decision to the circuit court, pursuant to Wis. Stat. § 800.14 . The Dane County Circuit Court, the Honorable Michael N.”

City of Pewaukee v. Carter, 2003 WI App 260 (Wis. Ct. App. 2003). · cites it 41× “The court granted the motion primarily because the arresting officer was unavailable and could not provide critical testimony tying Carter to the blood test: "I don't think there was enough evidence here to go on with a drunk driving case if you don't have the arresting officer.”

City of Middleton v. Hennen, 557 N.W.2d 818 (Wis. Ct. App. 1996). · cites it 25× “We *351 conclude that § 800.14 does not require the circuit court to hold a hearing or request briefs when conducting a municipal court transcript review, and that the statute, when considered as a whole, affords municipal court litigants a meaningful appeal.”

Vill. of Menomonee Falls v. Meyer, 601 N.W.2d 666 (Wis. Ct. App. 1999). · cites it 27× “The result sought by the Village is unfair to those who, after receiving a judicial determination of their case by the municipal court, believe that their case has been resolved.”

Town of Rhine v. Bizzell, 2008 WI 76 (Wis. 2008). · cites it 4× “Pursuant to Wis. Stat. § 800.14 , the Town of Rhine appealed the municipal court's decision to the Sheboygan County Circuit Court.”

Vill. of Williams Bay v. Metzl, 369 N.W.2d 186 (Wis. Ct. App. 1985). · cites it 7× “Subsection (4) of sec. 800.14, Stats., specifically provides either party with the option for a trial de novo without a jury to the circuit court.”

Vill. of Oregon v. Waldofsky, 501 N.W.2d 912 (Wis. Ct. App. 1993). · cites it 8× “The village appealed, requesting a trial de novo in circuit court and Waldofsky moved to dismiss the appeal, claiming that *416 sec. 800.14(4), Stats., which allows a party appealing to circuit court from municipal court orders to demand a jury trial, while not affording the…”

City of Kenosha v. Leese, 598 N.W.2d 278 (Wis. Ct. App. 1999). · cites it 36× “That same day, the City filed a notice of appeal and a motion for a nonjury circuit court trial pursuant to §800.14, Stats. On May 19, 1998, Leese filed a motion requesting the court to declare § 800.”

City of Milwaukee v. Wroten, 466 N.W.2d 861 (Wis. 1991). · cites it 2× “[11] If a defendant wishes to raise constitutional objections to a given ordinance, the proper approach, assuming the defendant is not successful on the merits of his case in municipal court, is for the defendant to address his constitutional concerns on appeal to the circuit…”

City of Oak Creek v. King, 436 N.W.2d 285 (Wis. 1989). · cites it 2× “On February 13, 1987, the Milwaukee county circuit court, pursuant to sec. 800.14, Stats., conducted a trial de novo and found the defendant guilty of disorderly conduct in violation of sec.”

Nehls v. Nehls, 2012 WI App 85 (Wis. Ct. App. 2012). · cites it 7× “In Carter, the court construed the language in Wis. Stat. § 800.14 (2001-02), governing appeals *506 in municipal court proceedings.”

Show all 42 citing cases →

— Wis. Stat. § 800.14(1) — 5 cases

City of Pewaukee v. Carter, 2004 WI 136 (Wis. 2004). “The City requested a new trial *336 pursuant to Wis. Stat. § 800.14 (4) (2001-02), 2 which provides that upon a request from either party to a municipal court action (or on its own motion), the circuit court shall order that a new trial be held in circuit court.”

Town of Menasha v. Bastian, 503 N.W.2d 382 (Wis. Ct. App. 1993).

City of Middleton v. Hennen, 557 N.W.2d 818 (Wis. Ct. App. 1996). “We *351 conclude that § 800.14 does not require the circuit court to hold a hearing or request briefs when conducting a municipal court transcript review, and that the statute, when considered as a whole, affords municipal court litigants a meaningful appeal.”

City of Milwaukee v. David B. Munzinger (Wis. Ct. App. 2019).

City of Port Washington v. Sandra J. Koziol (Wis. Ct. App. 2021).

— Wis. Stat. § 800.14(4) — 19 cases

City of Pewaukee v. Carter, 2003 WI App 260 (Wis. Ct. App. 2003). “The court granted the motion primarily because the arresting officer was unavailable and could not provide critical testimony tying Carter to the blood test: "I don't think there was enough evidence here to go on with a drunk driving case if you don't have the arresting officer.”

Vill. of Menomonee Falls v. Meyer, 601 N.W.2d 666 (Wis. Ct. App. 1999). “The result sought by the Village is unfair to those who, after receiving a judicial determination of their case by the municipal court, believe that their case has been resolved.”

Vill. of Oregon v. Waldofsky, 501 N.W.2d 912 (Wis. Ct. App. 1993). “The village appealed, requesting a trial de novo in circuit court and Waldofsky moved to dismiss the appeal, claiming that *416 sec. 800.14(4), Stats., which allows a party appealing to circuit court from municipal court orders to demand a jury trial, while not affording the…”

City of Kenosha v. Leese, 598 N.W.2d 278 (Wis. Ct. App. 1999). “That same day, the City filed a notice of appeal and a motion for a nonjury circuit court trial pursuant to §800.14, Stats. On May 19, 1998, Leese filed a motion requesting the court to declare § 800.”

— Wis. Stat. § 800.14(5) — 8 cases

Vill. of Williams Bay v. Metzl, 369 N.W.2d 186 (Wis. Ct. App. 1985). “Subsection (4) of sec. 800.14, Stats., specifically provides either party with the option for a trial de novo without a jury to the circuit court.”

City of Sun Prairie v. Davis, 579 N.W.2d 753 (Wis. Ct. App. 1998).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.