778.25 Citation procedure for certain limited violations.

601 words·~3 min read·/wi/chapter-778/778-25-6

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)The citation procedures established by this section may be used only in an action to recover a forfeiture:

1. Under s. 125.07

(a)or

(b), 125.085

(b), or 125.09

(2)or under a local ordinance strictly conforming to one of those statutes brought against an adult in circuit court or against a minor in the court assigned to exercise jurisdiction under chs. 48 and 938 .

1m. Under s. 961.573

(2), 961.574

(2), or 961.575

(2)brought against a minor in the court assigned to exercise jurisdiction under chs. 48 and 938 or under a local ordinance enacted under s. 59.54

(25m)or 66.0107

(bp)brought against an adult in circuit court or against a minor in the court assigned to exercise jurisdiction under chs. 48 and 938 .

2. Under s. 947.013

(1m)or a local ordinance strictly conforming to s. 947.013

(1m)brought against an adult in circuit court.

3. Under s. 167.32 or under a local ordinance strictly conforming to s. 167.32 brought against an adult in circuit court.

4. Under s. 254.92 or under a local ordinance strictly conforming to s. 254.92 brought against an adult in circuit court or against a minor in the court assigned to exercise jurisdiction under chs. 48 and 938 .

5. Under administrative rules promulgated by the board of regents under s. 36.11

(c)brought against an adult in circuit court or against a minor in the court assigned to exercise jurisdiction under chs. 48 and 938 .

6. Under an administrative rule promulgated by the department of administration under s. 16.846 brought against an adult in circuit court or against a minor in the court assigned to exercise jurisdiction under chs. 48 and 938 .

8. Under s. 173.41

(b).

(b)The citation form provided by this section may serve as the initial pleading for the action and is adequate process to give a court jurisdiction over the person if the citation is filed with the court.

(2)A citation under this section shall be signed by the issuing agent or officer or by an officer who has authority to make arrests for the violation and shall contain substantially the following information:

(a)The name, address and date of birth of the defendant and the name and address of the defendant’s parents or guardian, if a minor.

(b)The name and department of the issuing agent or officer.

(c)The violation alleged, the time and place of occurrence, a statement that the defendant committed the violation, the statute, rule or ordinance violated and a designation of the violation in language which can be readily understood.

(d)A date, time and place for the court appearance, and a notice to appear.

(f)Provisions for deposit in lieu of a court appearance.

(g)Notice that if the defendant makes a deposit and fails to appear in court at the time fixed in the citation, the failure to appear will be considered tender of a plea of no contest and submission to a forfeiture, plus costs, fees, and surcharges imposed under ch. 814 , not to exceed the amount of the deposit. The notice shall also state that the court may decide to summon the defendant or, if the defendant is an adult, issue an arrest warrant for the defendant rather than accept the deposit and plea.

(i)Notice that the defendant may by mail prior to the court appearance enter a plea of not guilty and request another date for a court appearance.