What are Wisconsin Court Records?

Wisconsin has the 20th largest population among US states with 5.9 million people. The state's judicial system is comprised of the Supreme Court, Court of Appeals, and its trial courts - Circuit Court and Municipal Courts. These courts have either general or limited jurisdiction and handle around 700,000 cases per year.

All official written or recorded papers about a court case, including hearings and trials, are considered court records and may be used as evidence in court. Except in situations where the courts seal them, Wisconsin court records are accessible to the public. A complaint in civil cases or an indictment in criminal cases normally initiates the development of any court record in the state. These court records typically include the following:

Briefs

These are written legal arguments submitted to a court to assist it in deciding on the case's legal concerns.

Case Files/Information

These are a group of records of a certain court case, which may contain case evidence.

Court orders and judgments

Court orders are the judge's decision on a motion, whereas judgments are the court's conclusion, including who won and any related penalties.

Motion

This is an application made by the prosecutor or defense attorney to the court, requesting that the court decide on a certain issue before the start of a trial.

Pleadings

These are written documents that an attorney files in court. It is a formal submission of assertions and refutations of those made by the other side.

Transcripts

These are documents that detail exactly what was said and by whom, either in real-time by a transcriber or via an electronic recording of the proceedings.

Court minutes

These are a detailed account of the proceedings of a trial, hearing, or other legal action that is conducted by the court clerk or another appointed individual. It serves as a formal record of what transpires throughout the proceedings.

Evidence

This refers to important facts and objects, whether tangible or digital, that any side may present in court to support their position.

Dockets

This is a continuous list of the parties involved and the acts taken throughout a court procedure. Beginning with the original complaints and concluding with the final judge's order, it contains all court-submitted documents in a numbered order.

Types of Court Cases

There are two categories of court proceedings, civil and criminal. Despite their many similarities, the primary distinction between a criminal and civil case is that the former entails jail time if found guilty, while the latter typically entails monetary compensation for damages. Additionally, there are the required standards of proof. In terms of parties involved, a criminal case involves someone being prosecuted by the government, whereas a civil case involves two or more parties, with one side seeking restitution or a court order against the other.

Civil Cases

Civil litigations aim to resolve disputes amongst citizens. One of the key characteristics of civil proceedings is that they do not involve jail time or other severe rights breaches. As a result, the burden of proof, the quantity of evidence needed to substantiate a claim, is significantly lower than in criminal proceedings.

A civil attorney's burden of proof is the "preponderance of the evidence". This suggests that the jury or judge would side with the one with the most compelling evidence. A unanimous verdict, which is reached when all jurors agree on the verdict and the conclusion of the case, is not necessary in a civil judgment.

The purpose of civil verdicts is to provide the winner with relief, compensation for losses, or a sense of justice, especially when a criminal prosecution has failed. Reimbursing parties, stopping particular behaviors, or addressing the underlying cause of the conflict are some examples of the result of a civil case. Additionally, in a civil action, there is no legal right to legal representation. Civil parties must either appear in court on their behalf (pro se) or hire their lawyers.

Criminal Cases

Criminal prosecutions are started by a government agency, commonly known as the State. The State charges criminals who are suspected of committing crimes. The main objectives of a criminal case are to remove or rehabilitate offenders from society and deter future criminal activity.

The case is often brought against the defendant by the local district attorney's office on behalf of the State. Defendants in criminal cases are entitled to a trial by their fellow jurors. A random sample of district residents is used by the court to select the jury, and each juror is questioned to eliminate any potential bias. Defendants may choose a bench trial without a jury as an alternative if the State agrees.

Jurors in criminal cases are required to vote unanimously, in contrast to juries in civil trials. This means that they must all agree on the verdict and outcome of the court case. Unanimity is required because of the much harsher consequences in a criminal case. Therefore, jurors must be completely confident that the prisoner is "guilty beyond a reasonable doubt". A guilty verdict can result in jail time, probation, another type of supervised release, or all of these.

The State, not the person who was wronged, gets the money if a fine is imposed. However, in some situations, the judge may also mandate that the perpetrator reimburse the victim for any harm the offense may have caused.

What Are the Different Courts in Wisconsin?

Wisconsin courts handle a wide range of matters, from serious offenses like murder and sexual assault to civil claims and criminal misdemeanors. To settle disputes and uphold social order, several courts may handle cases according to distinct rules and processes.

Together with the State Supreme Court and Court of Appeals, Wisconsin's trial courts have both general and limited jurisdiction. The following courts make up Wisconsin's judicial system:

Supreme Court
Court of Appeals
Trial courts
- Circuit Courts
- Municipal Courts

Wisconsin Supreme Court

The highest court in the state, the Wisconsin Supreme Court is run by seven judges. The court is headed by the Chief Justice, who is elected into office. The current Chief Justice is Annette Ziegler. The Supreme Court, which is housed in the state capitol in Madison, has the authority to decide which cases it will consider and has appellate jurisdiction over all Wisconsin courts.

Additionally, the Supreme Court has the authority to hear original actions or matters that have never been tried in a Wisconsin court before. The Wisconsin Statutes provide the standards by which the Supreme Court chooses which cases to consider. Apart from its role in establishing laws, the Supreme Court also has administrative and regulatory power over all Wisconsin courts and attorneys.

Wisconsin Court of Appeals

With its headquarters located in Madison, Waukesha, Wausau, and Milwaukee, the Court of Appeals is made up of 16 justices from four districts. The chief judge of the Court of Appeals is chosen by the Wisconsin Supreme Court and serves a tenure of three years.

The chief judge of the Court of Appeals appoints a presiding judge to oversee each of the court's four districts. The presiding judges take on these additional duties for two-year terms.

Wisconsin Circuit Court

All civil and criminal cases in the state, including traffic, juvenile, and probate cases, as well as civil and criminal jury trials, fall under the original jurisdiction of circuit courts. Wisconsin currently has 261 circuit court judges.

Except for six counties that are paired off and share judges, each county has at least one branch of the circuit courts. Milwaukee County is the largest circuit with 47 judges, while 23 of the other circuits have just one judge.

Wisconsin Municipal Court

Most municipal court cases deal with parking, traffic, and code issues, including first-time DUI offenders. A sizable portion of municipal court caseloads also involve juvenile issues, such as curfew breaches, drug charges, underage drinking, and truancy. Municipal courts are governed by Wisconsin Statutes Chapter 800, Municipal Court Procedure, and Chapter 755, Municipal Court.

How Many Federal Courts Are In Wisconsin?

There are two federal district courts in Wisconsin, namely the US District Court Eastern District of Wisconsin and the US District Court Western District of Wisconsin. The Eastern District covers the Milwaukee and Green Bay Divisions on the eastern part of the state while the Western District covers the western part of Wisconsin including Vilas, Oneida, Lincoln, Marathon, Portage, Adams, Columbia, Jefferson, and Rock.

Federal district court judges are appointed to their positions by the President of the United States and confirmed by the Senate. Their tenure is for life. The Eastern District is manned by Chief Judge Pamela Pepper, assisted by five district judges and five magistrate judges. The Western District is headed by Chief U.S. District Judge James D. Peterson and assisted by a district judge and three magistrate judges. Appeals from these courts are handled by the U.S. Court of Appeals for the 7th Circuit.

You may use PACER, a web-based system that offers access to electronic federal case dockets and filings at a per-page price set by the Judicial Conference of the United States, to access the court's documents online.

How Many Court Cases Are Filed Each Year in Wisconsin?

In Wisconsin, trial courts deal with around 703,253 opened cases every year.

Domestic Relations Matters: In Wisconsin, there are more than 33,268 domestic relations cases filed each year.
Juvenile Matters: The state's juvenile courts hear around 19,754 cases annually.
Traffic Matters: 317,888 traffic-related cases were reported to the state.
Civil Matters: In Wisconsin, roughly 156,390 civil lawsuits are filed annually.
Criminal Matters: Every year, the state receives roughly 101,593 criminal cases

How Do I Look Up Court Cases in Wisconsin?

In Wisconsin, case files, pleadings, judgments, court orders, motions, and other papers about civil, criminal, family, probate, and juvenile matters are generally considered public court records. Documents and information about court cases and processes in Wisconsin are kept up to date by the Wisconsin Circuit Court System.

The public can physically view court records at the county court clerk's office where the case was filed. You may also visit the Wisconsin Circuit Court Access (WCCA) platform to get access to court information and records. You can search for Supreme Court, Court of Appeals, and Circuit Court cases using this platform.

What Court Records Are Not Available to the Public in Wisconsin?

The public can view most Wisconsin court records. However, confidential information, juvenile records, sealed or expunged records, and some court records may be restricted to the public until specific events in the court cause them to become open records. For example, records may be opened when determining paternity, or when a search warrant is confidential until the warrant is executed.

Conversely, certain court participants may also be asked to have their records sealed by the judge; however, they must provide valid reasons, such as preserving their safety or concealing their financial records.