Wis. Stat. » CHAPTER 971 — CRIMINAL PROCEDURE — PROCEEDINGS BEFORE AND AT TRIAL
Wisconsin Statutes

Wis. Stat. § 971.02 (2026)

Preliminary examination; when prerequisite to an information or indictment

✓ current as of July 2026
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971.02971.02 Preliminary examination; when prerequisite to an information or indictment.
971.02(1)(1) If the defendant is charged with a felony in any complaint, including a complaint issued under s. 968.26, or when the defendant has been returned to this state for prosecution through extradition proceedings under ch. 976, or any indictment, no information or indictment shall be filed until the defendant has had a preliminary examination, unless the defendant waives such examination in writing or in open court or unless the defendant is a corporation or limited liability company. The omission of the preliminary examination shall not invalidate any information unless the defendant moves to dismiss prior to the entry of a plea.
971.02(2)(2) Upon motion and for cause shown, the trial court may remand the case for a preliminary examination. “Cause” means:
971.02(2)(a)(a) The preliminary examination was waived; and
971.02(2)(b)(b) Defendant did not have advice of counsel prior to such waiver; and
971.02(2)(c)(c) Defendant denies that probable cause exists to hold him or her for trial; and
971.02(2)(d)(d) Defendant intends to plead not guilty.
971.02 HistoryHistory: 1973 c. 45; 1993 a. 112, 486.
971.02 AnnotationAn objection to the sufficiency of a preliminary examination is waived if it is not raised prior to pleading. Wold v. State, 57 Wis. 2d 344, 204 N.W.2d 482 (1973).
971.02 AnnotationWhen the defendant waived a preliminary examination and wished to plead, but the information was not ready and was only orally read into the record, the defendant was not harmed by the acceptance of the plea before the filing of the information. Larson v. State, 60 Wis. 2d 768, 211 N.W.2d 513 (1973).
971.02 AnnotationThe scope of cross-examination by the defense was properly limited at the preliminary hearing. State v. Russo, 101 Wis. 2d 206, 303 N.W.2d 846 (Ct. App. 1981).
971.02 AnnotationThe denial of a preliminary examination to a corporation is constitutional. State v. C&S Management, Inc., 198 Wis. 2d 844, 544 N.W.2d 237 (Ct. App. 1995), 94-3188.
971.02 AnnotationA preliminary hearing to determine probable cause for detention pending further proceedings is not a “critical stage” in a prosecution requiring appointed counsel. Gerstein v. Pugh, 420 U.S. 103, 95 S. Ct. 854, 43 L. Ed. 2d 54 (1975).
971.02 AnnotationPreliminary Examination Potential. Dean. 58 MLR 159 (1975).
971.02 AnnotationThe Grand Jury in Wisconsin. Coffey & Richards. 58 MLR 517 (1975).
Notes of Decisions
Cited in 12 cases (2 in the last 5 years), 1977–2025 · leading case: State v. Webb, 467 N.W.2d 108 (Wis. 1991).
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State v. Webb, 467 N.W.2d 108 (Wis. 1991). · cites it 4× “In addition to the first-degree sexual assault case at issue on appeal here, the consolidated cases included various counts of misdemeanor and felony intimidation of witnesses and violation of domestic abuse restraining orders and injunctions.”
State v. Ward, 2011 WI App 151 (Wis. Ct. App. 2011). · cites it 2× “The State reissued the charges in late August, 2005, and Ward waived his right to a preliminary examination, see Wis. Stat. § 971.02 (1), in early September, 2005.”
United States v. Defabian C. Shannon, 110 F.3d 382 (7th Cir. 1997). “”); Wis.Stat. § 971.02(1) (“If the defendant is charged with a felony in any complaint .”
State v. Doe, 254 N.W.2d 210 (Wis. 1977). “” 2 Sec. 971.02, Stats., Laws of 1978, ch. 45, purportedly grants Wisconsin grand jury indictees the right to a preliminary hearing.”
Zelenka v. State, 266 N.W.2d 279 (Wis. 1978). “Additional reliance is placed on sec. 971.02(2), Stats.: “Preliminary examination; when prerequisite to an information or indictment.”
Fredrick Lee Pharm v. Sherman Hatcher & Attorney Gen. of the State of Wisconsin, 984 F.2d 783 (7th Cir. 1993). “01; Wis.Stat. § 971.02. Like an indictment, the information serves as the official charging document in a felony case; the defendant must plead guilty or not guilty to the charges in the information.”
Antonio S. Davis v. Circuit Court for Dane Cnty., 2024 WI 14 (Wis. 2024). · cites it 2× “05 (setting out procedures for an arraignment, including entry of a plea). In felony cases——not at issue here——a court cannot hold 8 arraignment until after a preliminary examination or waiver of preliminary examination.”
State v. May, 301 N.W.2d 458 (Wis. Ct. App. 1980). “May argues that the thirty-day time limit for filing the information required by sec. 971.02(2), Stats., also applies to the service of the information.”
State v. Wolverton, 533 N.W.2d 167 (Wis. 1995). · cites it 5× “Thus, the first subissue that arises in this case is whether a preliminary hearing conducted pursuant *252 to sec. 971.02(1), Stats., 8 is a "critical stage" of the Wisconsin criminal process.”
State v. C&S Mgmt., Inc., 544 N.W.2d 237 (Wis. Ct. App. 1995). · cites it 7× “Nonetheless, it asks us to aggressively review § 971.02, Stats., claiming that the "right" to a preliminary examination established by the statute is a "fundamental right.”
T.R.B. v. State, 313 N.W.2d 850 (Wis. Ct. App. 1981). “For example, sec. 971.02(1), Stats., gives the defendant in a felony case the right to a preliminary hearing.”
Harris v. Ball (E.D. Wis. 2025). “02 (2) (permitting a criminal prosecution to commence with the filing of a complaint); § 971.02(1) (“If the defendant is charged with a felony in any complaint .”
— Wis. Stat. § 971.02(1) — 6 cases
State v. Webb, 467 N.W.2d 108 (Wis. 1991). “In addition to the first-degree sexual assault case at issue on appeal here, the consolidated cases included various counts of misdemeanor and felony intimidation of witnesses and violation of domestic abuse restraining orders and injunctions.”
United States v. Defabian C. Shannon, 110 F.3d 382 (7th Cir. 1997). “”); Wis.Stat. § 971.02(1) (“If the defendant is charged with a felony in any complaint .”
State v. Wolverton, 533 N.W.2d 167 (Wis. 1995). “Thus, the first subissue that arises in this case is whether a preliminary hearing conducted pursuant *252 to sec. 971.02(1), Stats., 8 is a "critical stage" of the Wisconsin criminal process.”
T.R.B. v. State, 313 N.W.2d 850 (Wis. Ct. App. 1981). “For example, sec. 971.02(1), Stats., gives the defendant in a felony case the right to a preliminary hearing.”
Harris v. Ball (E.D. Wis. 2025). “02 (2) (permitting a criminal prosecution to commence with the filing of a complaint); § 971.02(1) (“If the defendant is charged with a felony in any complaint .”
— Wis. Stat. § 971.02(2) — 2 cases
Zelenka v. State, 266 N.W.2d 279 (Wis. 1978). “Additional reliance is placed on sec. 971.02(2), Stats.: “Preliminary examination; when prerequisite to an information or indictment.”
State v. May, 301 N.W.2d 458 (Wis. Ct. App. 1980). “May argues that the thirty-day time limit for filing the information required by sec. 971.02(2), Stats., also applies to the service of the information.”
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