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

Wis. Stat. § 971.30

Motion defined

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971.30971.30 Motion defined.
971.30(1)(1) ‘‘Motion” means an application for an order.
971.30(2)(2) Unless otherwise provided or ordered by the court, all motions shall meet the following criteria:
971.30(2)(a)(a) Be in writing.
971.30(2)(b)(b) Contain a caption setting forth the name of the court, the venue, the title of the action, the file number, a denomination of the party seeking the order or relief and a brief description of the type of order or relief sought.
971.30(2)(c)(c) State with particularity the grounds for the motion and the order or relief sought.
971.30 HistoryHistory: Sup. Ct. Order, 171 Wis. 2d xix (1992).
Notes of Decisions
Cited in 20 cases (1 in the last 5 years), 1981–2022 · leading case: State v. Caban
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State v. Caban (1997) wis · cites it 12× “Neither the principle of notice, nor Wis. Stat. § 971.30 makes an exception for motions raising Fourth Amendment challenges.”
State v. Schaefer (2008) wis · cites it 8× “" See Wis. Stat. § 971.30 . The police chief's failure to honor the subpoena would likely lead to "an application for an order" to comply.”
State v. Radder (2018) wisctapp · cites it 8× “§ 971.30. He is wrong. Our supreme court has explained, The rationale underlying [ WIS.”
State v. Allen (2004) wis · cites it 2× “At a minimum, a motion, whether made pretrial or postconviction, must "[s]tate with particularity the [factual and legal] grounds for the motion," Wis. Stat. § 971.30 (2)(c) (2001-02), and must provide a "good faith argument" that the relevant law entitles the movant to relief,…”
State v. Balliette (2011) wis · cites it 2× “" Wis. Stat. § 971.30 . When the relief sought is a new trial based upon the alleged ineffective assistance of postconviction counsel, this statute appears to require some particularity of how the defendant intends to show that postconviction counsel's performance was…”
State v. Lackershire (2007) wis · cites it 4× “Wis. Stat. § 971.30 . A motion to withdraw a plea must specifically do the following: (1) make a prima facie showing of a violation of Wis.”
State v. Moran (2005) wis · cites it 4× “is so open ended in terms of the "physical evidence" that a *46 district attorney is required to disclose, there is a practical necessity that a motion to disclose should comply with Wis. Stat. § 971.30 (2), stating "with particularity" the evidence or the type of evidence that…”
State v. Popenhagen (2008) wis · cites it 2× “(Rule) § 971.30(1). [20] Wis. Citizens Concerned for Cranes & Doves v.”
State v. Velez (1999) wis · cites it 4× “2d 501 (1997); see also Wis. Stat. § 971.30 (2)(c) (1995-96).”
State v. Negrete (2012) wis · cites it 2× “See Wis. Stat. § 971.30 (2)(c). The Bentley-type standard has been characterized, by reference to Bangert, as applying to errors in the pleading process "extrinsic to the plea colloquy," such as ineffective assistance of counsel.”
State v. Julius C. Burton (2013) wis · cites it 2× “" Wis. Stat. § 971.30 (2)(c). This court has developed particularized standards for Nelson/Bentley motions to secure an evidentiary hearing on a claim of ineffective assistance of trial counsel.”
State v. Garner (1996) wisctapp · cites it 6× “]" Citing § 971.30(2)(c), Stats., 4 the trial court explained: [C]ommon sense suggests a requirement that facts be alleged which justify the relief requested.”
Show all 20 citing cases →
— Wis. Stat. § 971.30(1) — 3 cases
State v. Popenhagen (2008) wis “(Rule) § 971.30(1). [20] Wis. Citizens Concerned for Cranes & Doves v.”
State v. Hays (1992) wisctapp
County of Vilas v. Danber (1982) wis
— Wis. Stat. § 971.30(2) — 4 cases
State v. Copening (1981) wisctapp
State v. Caban (1997) wis “Neither the principle of notice, nor Wis. Stat. § 971.30 makes an exception for motions raising Fourth Amendment challenges.”
County of Vilas v. Danber (1982) wis
State v. Alonzo Jeremiah Hall (2022) wisctapp
— Wis. Stat. § 971.30(2)(c) — 5 cases
State v. Radder (2018) wisctapp “§ 971.30. He is wrong. Our supreme court has explained, The rationale underlying [ WIS.”
State v. Garner (1996) wisctapp “]" Citing § 971.30(2)(c), Stats., 4 the trial court explained: [C]ommon sense suggests a requirement that facts be alleged which justify the relief requested.”
State v. Caban (1997) wis “Neither the principle of notice, nor Wis. Stat. § 971.30 makes an exception for motions raising Fourth Amendment challenges.”
State v. Marc Schiel (2020) wisctapp
State v. Alonzo Jeremiah Hall (2022) wisctapp
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