Wisconsin Statutes
Wis. Stat. § 971.05 (2026)
Arraignment
✓ current as of July 2026
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971.05971.05 Arraignment. If the defendant is charged with a felony, the arraignment may be in the trial court or the court which conducted the preliminary examination or accepted the defendant’s waiver of the preliminary examination. If the defendant is charged with a misdemeanor, the arraignment may be in the trial court or the court which conducted the initial appearance. The arraignment shall be conducted in the following manner:
971.05(2)(2) If the defendant appears for arraignment without counsel, the court shall advise the defendant of the defendant’s right to counsel as provided in s. 970.02.
971.05(3)(3) The district attorney shall deliver to the defendant a copy of the information in felony cases and in all cases shall read the information or complaint to the defendant unless the defendant waives such reading. Thereupon the court shall ask for the defendant’s plea.
971.05(4)(4) The defendant then shall plead unless in accordance with s. 971.31 the defendant has filed a motion which requires determination before the entry of a plea. The court may extend the time for the filing of such motion.
971.05 AnnotationWhen, through oversight, an arraignment is not held, it may be conducted after both parties have rested during the trial. Bies v. State, 53 Wis. 2d 322, 193 N.W.2d 46 (1972).
Notes of Decisions
Cited in 14
cases (4 in the last 5 years), 1980–2025 · leading case: State v. Martin, 470 N.W.2d 900 (Wis. 1991).
State v. Martin, 470 N.W.2d 900 (Wis. 1991). “See sec. 971.05, Stats.; Eskra v. State, 29 Wis.”
Antonio S. Davis v. Circuit Court for Dane Cnty., 2024 WI 14 (Wis. 2024). “7 While Wis. Stat. § 971.05 allows arraignments to be held in "the court which conducted the initial appearance," our statutes do not require that the initial appearance and arraignment happen at the same appearance.”
People v. Mitchell, 825 N.E.2d 1241 (Ill. App. Ct. 2005). “Noting that the Supreme Court had adopted a "narrow definition of official accusation, usually including only indictment and information," the court observed that Wisconsin law specifies that " 'the trial of a felony action shall be upon an information' " in which the State…”
State v. Martinez, 542 N.W.2d 215 (Wis. Ct. App. 1995). “Section 971.05(3), Stats., provides that the district attorney "shall read the information or complaint to the defendant unless the defendant waives such reading.”
Fredrick Lee Pharm v. Sherman Hatcher & Attorney Gen. of the State of Wisconsin, 984 F.2d 783 (7th Cir. 1993). “Wis.Stat. § 971.05; see also Wis.Stat. § 967.”
State v. May, 301 N.W.2d 458 (Wis. Ct. App. 1980). “The court failed, however, to recognize that sec. 971.05(3), Stats., 6 requires that the defendant be served with the information at his arraignment.”
State v. Trammel, 413 N.W.2d 657 (Wis. Ct. App. 1987). “Section 971.05, Stats., governing proceedings at the arraignment requires that the district attorney provide a copy of the information to the defendant and read it to the defendant.”
State ex rel. Tinti v. Circuit Court for Waukesha Cnty., 464 N.W.2d 853 (Wis. Ct. App. 1990). “Section 971.05, Stats., provides that a misdemeanor arraignment includes: (1) an open court proceeding; (2) advising the defendant of the right to counsel; (3) a reading of the complaint unless the defendant waives the reading; and (4) the defendant's plea unless a motion which…”
State Ex Rel. Tessmer v. Circuit Court Branch III Ex Rel. Racine Cnty., 367 N.W.2d 235 (Wis. Ct. App. 1985). “) The arraignment in misdemeanor traffic cases typically occurs at the defendant’s initial court date.”
Pierce v. Colwell, 563 N.W.2d 166 (Wis. Ct. App. 1997). “Important to this case, Pierce also argued that his due process rights had been violated because the criminal court did not personally read the information to him at the arraignment pursuant to § 971.05(3), STATS. 1 In an unpublished opinion, this court rejected all of Pierce's…”
State v. Ayodeji J. Aderemi (Wis. Ct. App. 2023). “¶8 After reviewing Wisconsin law on the issue of delayed or missing Information documents, the court then considered criminal procedure under WIS.”
State v. Demillion C. Moore (Wis. Ct. App. 2025). “§ 971.05(3), at an arraignment, The district attorney shall deliver to the defendant a copy of the information in felony cases and in all cases shall read the information or complaint to the defendant unless the defendant waives such reading.”
— Wis. Stat. § 971.05(3) — 7 cases
State v. Martinez, 542 N.W.2d 215 (Wis. Ct. App. 1995). “Section 971.05(3), Stats., provides that the district attorney "shall read the information or complaint to the defendant unless the defendant waives such reading.”
State v. May, 301 N.W.2d 458 (Wis. Ct. App. 1980). “The court failed, however, to recognize that sec. 971.05(3), Stats., 6 requires that the defendant be served with the information at his arraignment.”
Pierce v. Colwell, 563 N.W.2d 166 (Wis. Ct. App. 1997). “Important to this case, Pierce also argued that his due process rights had been violated because the criminal court did not personally read the information to him at the arraignment pursuant to § 971.05(3), STATS. 1 In an unpublished opinion, this court rejected all of Pierce's…”
State v. Ayodeji J. Aderemi (Wis. Ct. App. 2023). “¶8 After reviewing Wisconsin law on the issue of delayed or missing Information documents, the court then considered criminal procedure under WIS.”
State v. Demillion C. Moore (Wis. Ct. App. 2025). “§ 971.05(3), at an arraignment, The district attorney shall deliver to the defendant a copy of the information in felony cases and in all cases shall read the information or complaint to the defendant unless the defendant waives such reading.”
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