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Court Procedures
Initial Appearance
Your citation includes your court date and time in the top left corner. This is referred to as your Initial Appearance court date. Please contact the court at 608-824-7370 if you need assistance.
Where do I find my court date?
Your court date and time are listed in the top left corner of your citation. This is your Initial Appearance date. In most cases, this date is not mandatory. For assistance, contact the court at (608) 824-7370.
What happens at my Initial Appearance?
The Initial Appearance is not a trial. You may appear with an attorney, but the court does not appoint or pay for attorneys. At this hearing, you will be asked to enter a plea:
- Guilty – You admit to the charge. The court may impose a fine or other penalties, and you may explain your circumstances to the judge.
- No Contest – You do not admit guilt, but you do not dispute the charge. The court may impose a fine or other penalties. This plea cannot be used against you in other civil proceedings.
- Not Guilty – You dispute the charge. Your case will be scheduled for a Pre-Trial Conference with the city prosecutor. If not resolved, it will proceed to trial.
Do I need to appear in court on the date listed on my citation?
You do not have to appear in person if you:
Enter a plea in writing before your Initial Appearance. Include your name, address, phone number, citation number, and chosen plea.
Guilty or No Contest: The judge will review your case and enter judgment as if you appeared.
Not Guilty: Use the court’s Not Guilty Plea Form. Your case will be scheduled for a Pre-Trial Conference.
Pay the deposit (fine/forfeiture) before your court date. If payment is received and you do not appear, you will be found guilty by default, and the deposit will be forfeited.
What if I am unable to attend my scheduled court date?
You may request a one-time reschedule (continuance) if the request is submitted before your court date. Include your name, address, phone number, citation number, and reason for the request. Submit by:
- Fax
- In person at: 7341 Donna Drive, Middleton, WI 53562
What if I miss my scheduled court date?
If you do not pay the deposit and fail to appear, a default judgment will be entered against you for the amount of the citation. You will have 60 days to pay.
Failure to pay within 60 days may result in:
- Suspension of driving privileges for up to one year
- Certification of the debt through the Department of Revenue’s Tax Interception Program
- Referral to a collection agency
- Incarceration in a county jail for up to 90 days
For details, see Payment Information.
Initial Appearance
Your citation includes your court date and time in the top left corner. This is referred to as your Initial Appearance court date. Please contact the court at 608-824-7370 if you need assistance.
Where do I find my court date?
Your court date and time are listed in the top left corner of your citation. This is referred to as your Initial Appearance date. In most cases, this is not a mandatory court date. If you are unsure, contact the court at (608) 824-7370.
What happens at my Initial Appearance?
The Initial Appearance is not a trial. It is your opportunity to enter a plea. You may appear with an attorney, but you must hire your own; the court does not appoint attorneys.
Plea Options
- Guilty – You admit the charge. The court may impose a fine or other penalties. You may explain your circumstances to the judge.
- No Contest – You do not admit guilt, but you do not dispute the charge. The court may impose a fine or other penalties. This plea cannot be used against you in other civil proceedings.
- Not Guilty – You dispute the charge. Your case will be scheduled for a Pre-trial Conference with the city prosecutor.
Juvenile Proceedings
For defendants under 17 in non-traffic matters, proceedings are closed to the public with limited exceptions. On court night:
- Check in at the Municipal Court Clerk window.
- Wait in the lobby until the judge calls you.
If pleading not guilty, you may submit your plea in writing before your court date by mail, email (court@cityofmiddleton.us), or in person. Include your name, address, phone number, citation number(s), and court date. Upon receipt, a Pre-trial Conference will be scheduled, and notice will be mailed to your address on file.
Do I need to appear in court on my citation date?
You do not need to appear in person if you:
Enter a written plea before your court date.
Include your name, mailing address, phone number, citation number, and plea declaration.
Guilty or No Contest: The judge will review your case and enter judgment as if you appeared.
Not Guilty: Use the Not Guilty Plea Form. Your case will be scheduled for a Pre-trial Conference.
Pay the deposit (fine/forfeiture) before your court date.
If payment is received and you do not appear, you will be found guilty by default and the deposit forfeited.
What if I am unable to attend my scheduled court date?
You may request a one-time continuance if submitted before your court date. Include your name, address, phone number(s), citation number(s), and reason for the request. Submit in writing by:
- Fax
- In person at: 7341 Donna Drive, Middleton, WI 53562
What if I miss my scheduled court date?
If you do not pay the deposit and fail to appear, a default judgment will be entered against you for the amount of the ticket. You will have 60 days to pay.
Failure to pay may result in:
- Suspension of driving privileges for up to one year
- Certification of the debt to the Department of Revenue’s Tax Interception Program
- Referral to a collection agency
- Incarceration in a county jail for up to 90 days
For details, see Payment Information.
Pre-Trial Conferences for Not Guilty Pleas
If you enter a plea of not guilty, your case will be scheduled for a Pre-trial Conference with the City’s prosecuting attorney. If you wish to enter a not guilty plea without appearing in court, your plea must be submitted in writing and received prior to your scheduled initial appearance.
What happens if I enter a not guilty plea at my Initial Appearance?
If you plead not guilty at your Initial Appearance, your case will be scheduled for a Pre-trial Conference with the city prosecuting attorney. If the case cannot be resolved at this stage, it will be scheduled for trial.
On the night of your Initial Appearance, check in at the court window and complete a Not Guilty Plea Form.
Do I have to appear in person to enter a not guilty plea?
No. You may submit a written not guilty plea before your court date. Include your:
- Name
- Current mailing address
- Phone number
- Citation number(s)
- Court date
- Not guilty plea statement
You may also use the Not Guilty Plea Form. Submit your plea by mail, in person, or by email at court@cityofmiddleton.us.
Upon receipt, the court will schedule your Pre-trial Conference and mail notice of the date and time to the address on file (as listed on your citation). If your address has changed, you must notify the court.
Before your scheduled conference, you may contact the prosecuting attorney directly to discuss a resolution. If the matter is not resolved, you must appear at the Pre-trial Conference as scheduled.
What should I expect during a Pre-trial Conference?
At the conference, you and the city's prosecuting attorney will discuss the case and explore possible resolutions. Outcomes include:
- Agreement Reached – A written plea agreement will be prepared and submitted to the judge for review. Both parties will receive copies.
- No Agreement – The case will be scheduled for trial.
All plea agreements are subject to the judge's approval. The judge may:
- Accept the agreement and order its terms, or
- Reject or amend the agreement. If rejected, you will be notified in writing, and the case will be set for trial or adjusted accordingly.
Operating While Intoxicated 1st Offense
If you are found guilty of an Operating While Intoxicated (OWI) 1st offense, you may be subject to additional restrictions.
If you receive an Operating While Intoxicated (OWI) citation in Middleton, you will be assigned an Initial Appearance court date.
Consequences if Found Guilty
- Revocation of operating privileges.
- Required OWI assessment and completion of a Driver Safety Plan (DSP).
- Installation of an Ignition Interlock Device (IID) if:
- Your blood alcohol concentration (BAC) was 0.15 or higher, or
- You refused a chemical test.
Additional Information
- To request a reduction in IID costs, you must request an indigency hearing.
- For details on the IID Exemption Request Form, contact the Municipal Court at (608) 824-7370.
- Refer to the Wisconsin Department of Transportation for information on occupational licenses and driver’s license reinstatement.
Reopening Procedures and Hearings
Wisconsin State Law allows a defendant six (6) months from the judgment date to file a request to reopen a citation.
Under Wisconsin State Law, a defendant has six (6) months from the judgment date to request that a citation be reopened.
How to File
To request reopening:
- Submit a written request including your name, current address, phone number(s), citation number(s), violations, and the reason for your request.
- Or use the Motion to Reopen Form.
- A $40 reopening fee may be required at the time of filing.
What Happens Next
After your motion is filed, the judge will review it and order one of the following:
Schedule a Reopen Hearing – You will receive written notice of the date. At the hearing, be prepared to explain why the case should be reopened. If granted, you must be ready to immediately enter a plea (guilty, no contest, or not guilty).
Grant Without Hearing – Your case will be scheduled for a Pre-trial Conference with the City Prosecutor. You will receive written notice of the date.
Deny the Motion – The original finding of guilty and sentence remain in effect.
A copy of the judge’s order will be mailed to the address you provide.
Truancy Procedures and Hearings
Truancy is the failure of a student under the age of 18 to attend school when school is in session. The Middleton Municipal Court hears all allegations of truancy occurring in the City of Middleton. Penalties can be imposed not only against the student, but also against the parent.
Truancy is defined as a student under the age of 18 failing to attend school when it is in session. The Middleton Municipal Court hears all truancy allegations occurring within the City of Middleton. Penalties may apply to both the student and the parent.
Court Process
- A citation with a court date will be issued.
- Defendants may enter a plea of guilty, no contest, or not guilty.
- Guilty/No Contest: The judge will enter a finding of guilt and impose a sentence that night.
- Not Guilty: The case will be scheduled for a Pre-trial Conference with the city prosecutor, and if necessary, a trial.
School Involvement
In truancy cases involving middle or high school students, a school representative (e.g., Principal or Associate Principal) will attend court.
- If a guilty judgment is rendered, the school representative provides recommendations for an educational response.
- The student and parents may also present their own proposals.
The judge determines the final sentence, which may include:
- Monetary forfeiture
- Driver’s license suspension
- Additional conditions, such as mandatory school attendance reports
Review Hearings
The court also conducts truancy review hearings six to eight times during each school year. These hearings allow the court, the student, the parents, and the school to review compliance with the court’s orders and address any ongoing attendance concerns.
Trial Procedures and Hearings
If you are unable to resolve your citation with the City’s prosecuting attorney, your case may be set for trial. Trials are held in the Middleton Municipal Courtroom at 7341 Donna Drive, Middleton, Wisconsin.
"Where are trials held?"
Trials are held in the Middleton Municipal Courtroom located at 7341 Donna Drive, Middleton, WI 53562. The Honorable Ben Schulenburg presides over all trials.
"What happens prior to the trial?"
You will receive a written notice of your trial with a scheduled date and time to appear before the judge to present your case.
You may represent yourself or have an attorney appear with you and present your case. If you hire an attorney, you must pay for the attorney yourself. The court will not appoint an attorney for you.
You can testify, and you can present other witnesses. If you need assistance in issuing a subpoena to compel a witness to appear at the trial, you should call the court office at (608) 824-7370 to obtain a subpoena form. You will have to personally serve the subpoenas on the witnesses. Please allow at least two (2) weeks before the trial to allow time to obtain and serve the subpoenas. There is no charge for obtaining subpoenas; however, you may be required to pay witness fees plus their mileage.
If you plan to present documents as part of the presentation of your case, please bring two (2) copies: one for the city prosecutor and one for the court.
"What happens at the trial?"
The city prosecutor, who represents the City of Middleton, will present its case first. The city must try to prove you are guilty of violating the ordinance indicated on the citation issued to you. The burden of proof that the city must meet is called clear, satisfactory and convincing evidence.
You have the opportunity to question all witnesses you call during the presentation of your case, which is called direct examination. Also, you can question all witnesses that the city presents as part of its case. That is called cross-examination. Closing arguments are permitted as well.
Typically, the judge will render a decision the same night that the trial is held. Occasionally, the judge will take the case under advisement and issue a written decision within 30 days of the trial date.
If the judge determines the city failed to meet its burden of proof, the case will be dismissed. If the judge determines the city satisfied its burden of proof, you will be found guilty, and the judge will impose a sentence. Typically, the sentence will include a forfeiture of some amount. There may be other components of the sentence depending on the nature of your specific case, including such things as demerit points against your driver's license, suspension of your driver's license or restitution for damage to property.
Please note that the judge will have no information about your case except what is presented at trial. As such, you may want to consider your case prior to the trial date and prepare a list of questions you would like to ask witnesses.
Appeals to Dane County Circuit Court
If you are found guilty in Middleton Municipal Court, you can appeal that decision to Dane County Circuit Court within 20 days of the Middleton Municipal Court finding. You must file a notice of appeal with the Middleton Municipal Court and pay the filing fee within the 20 days.
The appeal form can be obtained from the Middleton Municipal Court. On the appeal form, you can request that the Dane County Circuit Court take your appeal in one of three ways:
- You can request that the Dane County Circuit Court review the transcript of the Middleton Municipal Court trial and make a decision based on that review;
- You can request a trial before the Dane County Circuit Court Judge; or,
- You can request a trial by jury in Dane County Circuit Court.
Once an appeal is filed in Dane County Circuit Court, the Middleton Municipal Court judgment and sentence are stayed, or stopped. No action is taken to enforce the judgement and sentence pending the appeal.
If you need an interpreter or accommodations for a disability, please call the court office at 608-824-7370.
The Wisconsin Court System is committed to providing equal access to court programs under the Americans with Disabilities Act (ADA), the ADA Amendments Act of 2008 (ADAAA), and other state and federal laws.
Disability Accommodations
If you have a disability that affects your ability to participate in court proceedings, you may request reasonable and appropriate accommodations.
Requests may be made orally or in writing.
Please notify the court as early as possible so arrangements can be made.
When making a request, identify the accommodation that best meets your needs.
Contact the court at (608) 824-7370 or court@cityofmiddleton.us.
Interpreter Services
If you need an interpreter for a court hearing or procedure, you may:
Bring your own interpreter, or
Request one from the court, which will be provided at no cost.
Please contact the court in advance of your hearing to allow time for scheduling. If notice is not given, your hearing may need to be rescheduled to ensure interpreter availability.
Servicios de Intérprete (Español)
Si usted necesita un intérprete para ayuda en el tribunal, puede:
Contactar al tribunal para solicitar uno, o
Traer su propio intérprete a su comparecencia.
El servicio de intérprete proporcionado por el tribunal no tiene costo. En algunos casos, puede ser necesario cambiar la fecha de la audiencia para garantizar la disponibilidad de un intérprete.
Teléfono: (608) 824-7370
Dirección: 7341 Donna Drive, Middleton, WI 53562
Correo electrónico: court@cityofmiddleton.us