Wisconsin Rules of Criminal Procedure
Current through March 2, 2026
Part 967 · Criminal Procedure — General Provisions
- 967.01 Title and effective date
- 967.02 Words and phrases defined
- 967.03 District attorneys
- 967.04 Depositions in criminal proceedings
- 967.05 Methods of prosecution
- 967.055 Prosecution of offenses; operation of a motor vehicle or motorboat; alcohol, intoxicant or drug
- 967.057 Prosecution decisions based on contributions to organizations and agencies
- 967.06 Determination of indigency; appointment of counsel; preparation of record
- 967.07 Circuit court commissioners
- 967.08 Telephone or live audiovisual proceedings
- 967.09 Interpreters may serve by telephone or video
- 967.10 Waiting area for victims and witnesses
- 967.11 Alternatives to prosecution and incarceration; monitoring participants
- 967.12 Electronic filing
Part 968 · Commencement of Criminal Proceedings
- 968.01 Complaint
- 968.02 Issuance and filing of complaints
- 968.03 Dismissal or withdrawal of complaints
- 968.04 Warrant or summons on complaint Deadlines
- 968.05 Corporations or limited liability companies: summons in criminal cases Deadlines
- 968.06 Indictment by grand jury
- 968.07 Arrest by a law enforcement officer Deadlines
- 968.073 Recording custodial interrogations
- 968.075 Domestic abuse incidents; arrest and prosecution Deadlines
- 968.08 Release by law enforcement officer of arrested person
- 968.085 Citation; nature; issuance; release of accused
- 968.09 Warrant on failure to appear
- 968.10 Searches and seizures; when authorized
- 968.11 Scope of search incident to lawful arrest
- 968.12 Search warrant
- 968.13 Search warrant; property subject to seizure
- 968.135 Subpoena for documents
- 968.14 Use of force
- 968.15 Search warrants; when executable Deadlines
- 968.16 Detention and search of persons on premises
- 968.17 Return of search warrant Deadlines
- 968.18 Receipt for seized property
- 968.19 Custody of property seized
- 968.20 Return of property frozen or seized Deadlines
- 968.205 Preservation of certain evidence Deadlines
- 968.21 Search warrant; secrecy
- 968.22 Effect of technical irregularities
- 968.23 Forms
- 968.24 Temporary questioning without arrest
- 968.25 Search during temporary questioning
- 968.255 Strip searches Deadlines
- 968.256 Search of physically disabled person
- 968.26 John Doe proceeding Deadlines
- 968.265 Lie detector tests; sexual assault victims
- 968.27 Definitions
- 968.28 Application for court order to intercept communications
- 968.29 Authorization for disclosure and use of intercepted wire, electronic or oral communications Deadlines
- 968.30 Procedure for interception of wire, electronic or oral communications Deadlines
- 968.31 Interception and disclosure of wire, electronic or oral communications prohibited
- 968.32 Forfeiture of contraband devices
- 968.33 Reports concerning intercepted wire or oral communications
- 968.34 Use of pen register or trap and trace device restricted Deadlines
- 968.35 Application for an order for a pen register or a trap and trace device
- 968.36 Issuance of an order for a pen register or a trap and trace device Deadlines
- 968.37 Assistance in the installation and use of a pen register or trap and trace device
- 968.373 Warrant to track a communications device Deadlines
- 968.375 Subpoenas and warrants for records or communications of customers of an electronic communication service or remote computing service provider Deadlines
- 968.38 Testing for HIV infection and certain diseases Deadlines
- 968.40 Grand jury
- 968.41 Oath or affirmation of grand jurors
- 968.42 Presiding juror and clerk
- 968.43 Reporter; salary; assistant
- 968.44 Witnesses
- 968.45 Witness rights; transcripts
- 968.46 Secrecy
- 968.47 District attorney, when to attend
- 968.48 Attendance; absence; excuse; number required for grand jury session; number required to concur in indictment
Part 969 · Bail and Other Conditions of Release
- 969.001 Definitions
- 969.01 Eligibility for release Deadlines
- 969.02 Release of defendants charged with misdemeanors
- 969.03 Release of defendants charged with felonies
- 969.035 Pretrial detention; denial of release from custody Deadlines
- 969.04 Surety may satisfy default
- 969.05 Endorsement of bail upon warrants
- 969.065 Judicial conference; bail alternatives
- 969.07 Taking of bail by law enforcement officer
- 969.08 Grant, reduction, increase or revocation of conditions of release Deadlines
- 969.09 Conditions of bond
- 969.10 Notice of change of address Deadlines
- 969.11 Release upon arrest in another county
- 969.12 Sureties
- 969.13 Forfeiture Deadlines
- 969.14 Surrender of principal by surety
Part 970 · Criminal Procedure — Preliminary Proceedings
- 970.01 Initial appearance before a judge
- 970.02 Duty of a judge at the initial appearance
- 970.03 Preliminary examination Deadlines
- 970.032 Preliminary examination; juvenile under original adult court jurisdiction
- 970.035 Preliminary examination; juvenile younger than 15 years old
- 970.038 Preliminary examination; hearsay exception
- 970.04 Second examination
- 970.05 Testimony at preliminary examination; payment for transcript of testimony Deadlines
Part 971 · Criminal Procedure — Proceedings Before and at Trial
- 971.01 Filing of the information Deadlines
- 971.02 Preliminary examination; when prerequisite to an information or indictment
- 971.025 Forms Deadlines
- 971.027 Protected information
- 971.03 Form of information
- 971.04 Defendant to be present
- 971.05 Arraignment
- 971.06 Pleas
- 971.07 Multiple defendants
- 971.08 Pleas of guilty and no contest; withdrawal thereof
- 971.09 Plea of guilty to offenses committed in several counties
- 971.095 Consultation with and notices to victim
- 971.10 Speedy trial Deadlines
- 971.105 Child victims and witnesses; duty to expedite proceedings
- 971.106 Elder person victims and witnesses; duty to expedite proceedings Deadlines
- 971.108 Elder person victims and witnesses; duty to preserve testimony Deadlines
- 971.109 Freezing assets of a person charged with financial exploitation of an elder person Deadlines
- 971.11 Prompt disposition of intrastate detainers Deadlines
- 971.12 Joinder of crimes and of defendants
- 971.13 Competency
- 971.14 Competency proceedings Deadlines
- 971.15 Mental responsibility of defendant
- 971.16 Examination of defendant Deadlines
- 971.165 Trial of actions upon plea of not guilty by reason of mental disease or defect
- 971.17 Commitment of persons found not guilty by reason of mental disease or mental defect Deadlines
- 971.18 Inadmissibility of statements for purposes of examination
- 971.19 Place of trial
- 971.20 Substitution of judge Deadlines
- 971.22 Change of place of trial
- 971.223 Change of place of trial for certain violations
- 971.225 Jury from another county
- 971.23 Discovery and inspection Deadlines
- 971.26 Formal defects
- 971.27 Lost information, complaint or indictment
- 971.28 Pleading judgment
- 971.29 Amending the charge
- 971.30 Motion defined
- 971.31 Motions before trial Deadlines
- 971.315 Inquiry upon dismissal
- 971.32 Ownership, how alleged
- 971.33 Possession of property, what sufficient
- 971.34 Intent to defraud
- 971.36 Theft; pleading and evidence; subsequent prosecutions
- 971.365 Crimes involving certain controlled substances
- 971.366 Use of another’s personal identifying information: charges
- 971.367 False statements to financial institutions: charges
- 971.37 Deferred prosecution programs; domestic abuse and child sexual abuse
- 971.375 Deferred prosecution agreements; sanctions
- 971.38 Deferred prosecution program; community service work
- 971.39 Deferred prosecution program; agreements with department
- 971.40 Deferred prosecution agreement; placement with volunteers in probation program
- 971.41 Deferred prosecution program; worthless checks Deadlines
Part 972 · Criminal Trials
- 972.01 Jury; civil rules applicable
- 972.02 Jury trial; waiver
- 972.03 Peremptory challenges
- 972.04 Exercise of challenges
- 972.06 View
- 972.07 Jeopardy
- 972.08 Incriminating testimony compelled; immunity Deadlines
- 972.085 Immunity; use standard
- 972.09 Hostile witness in criminal cases
- 972.10 Order of trial
- 972.11 Evidence and practice; civil rules applicable
- 972.115 Admissibility of defendant’s statement
- 972.12 Sequestration of jurors
- 972.13 Judgment
- 972.14 Statements before sentencing Deadlines
- 972.15 Presentence investigation Deadlines
Part 973 · Sentencing
- 973.01 Bifurcated sentence of imprisonment and extended supervision Deadlines
- 973.013 Indeterminate sentence; Wisconsin state prisons Deadlines
- 973.0135 Sentence for certain serious felonies; parole eligibility determination Deadlines
- 973.014 Sentence of life imprisonment; parole eligibility determination; extended supervision eligibility determination Deadlines
- 973.015 Special disposition Deadlines
- 973.017 Bifurcated sentences; use of guidelines; consideration of aggravating and mitigating factors Deadlines
- 973.02 Place of imprisonment when none expressed Deadlines
- 973.03 Jail sentence Deadlines
- 973.032 Sentence to intensive sanctions program Deadlines
- 973.0335 Sentencing; restriction on possession of body armor
- 973.035 Transfer to state-local shared correctional facilities
- 973.04 Credit for imprisonment under earlier sentence for the same crime
- 973.042 Child pornography surcharge Deadlines
- 973.043 Drug offender diversion surcharge
- 973.045 Crime victim and witness assistance surcharge
- 973.0455 Crime prevention funding board surcharge
- 973.046 Deoxyribonucleic acid analysis surcharge
- 973.047 Deoxyribonucleic acid analysis requirements
- 973.048 Sex offender reporting requirements
- 973.049 Sentencing; restrictions on contact
- 973.05 Fines Deadlines
- 973.055 Domestic abuse surcharges
- 973.057 Global positioning system tracking surcharge
- 973.06 Costs, fees, and surcharges
- 973.07 Failure to pay fine, fees, surcharges, or costs or to comply with certain community service work Deadlines
- 973.075 Forfeiture of property derived from crime and certain vehicles Deadlines
- 973.076 Forfeiture proceedings Deadlines
- 973.077 Burden of proof; liabilities
- 973.08 Records accompanying prisoner Deadlines
- 973.09 Probation Deadlines
- 973.10 Control and supervision of probationers Deadlines
- 973.11 Placements with volunteers in probation program Deadlines
- 973.12 Sentence of a repeater or persistent repeater
- 973.123 Sentence for certain violent offenses; use of a firearm Deadlines
- 973.125 Notice of lifetime supervision for serious sex offenders
- 973.13 Excessive sentence, errors cured
- 973.135 Courts to report convictions to the state superintendent of public instruction Deadlines
- 973.137 Courts to report convictions to the department of transportation
- 973.14 Sentence to house of correction
- 973.15 Sentence, terms, escapes Deadlines
- 973.155 Sentence credit Deadlines
- 973.16 Time out
- 973.17 Judgment against a corporation or limited liability company
- 973.176 Notice of restrictions Deadlines
- 973.18 Notice of rights to appeal and representation Deadlines
- 973.19 Motion to modify sentence Deadlines
- 973.195 Sentence adjustment Deadlines
- 973.198 Sentence adjustment; positive adjustment time Deadlines
- 973.20 Restitution Deadlines
- 973.25 Certificates of qualification for employment Deadlines
Part 974 · Criminal Procedure — Appeals, New Trials and Writs of Error
Part 975 · Sex Crimes Law
- 975.001 Definition
- 975.01 End of commitments; declaration of policy
- 975.06 Commitment to the department Deadlines
- 975.07 The effect of appeal from a judgment of conviction
- 975.08 Notice of commitments; treatment, transfer, use of other facilities
- 975.09 Periodic examination Deadlines
- 975.10 Parole
- 975.11 Duration of control Deadlines
- 975.12 Termination of control Deadlines
- 975.15 Review by court of orders of the department
- 975.16 Appeal from judgment of committing court
- 975.17 Option for resentencing
- 975.18 Establishment of regulations
Part 976 · Uniform Acts in Criminal Proceedings
- 976.01 Uniform act for the extradition of prisoners as witnesses
- 976.02 Uniform act for the extradition of witnesses in criminal actions
- 976.03 Uniform criminal extradition act Deadlines
- 976.04 Uniform act on close pursuit
- 976.05 Agreement on detainers Deadlines
- 976.06 Agreement on detainers; additional procedure Deadlines
- 976.07 Agreements on extradition; Indian tribes Deadlines
- 976.08 Additional applicability
Part 977 · State Public Defender
- 977.01 Definitions
- 977.02 Board; duties
- 977.03 Board; powers
- 977.04 Board; restrictions
- 977.05 State public defender Deadlines
- 977.06 Indigency determinations; redeterminations; verification; collection
- 977.07 Determination of indigency
- 977.075 Payment for legal representation
- 977.076 Collections
- 977.077 Deposit of payments received
- 977.08 Appointment of counsel
- 977.085 Quarterly report procedure
- 977.09 Confidentiality of files
Part 978 · District Attorneys
- 978.001 Definitions
- 978.01 Number of district attorneys; election; term Deadlines
- 978.02 Eligibility for office
- 978.03 Deputies and assistants in certain prosecutorial units Deadlines
- 978.04 Assistants in certain prosecutorial units
- 978.041 Population estimates of prosecutorial units
- 978.043 Assistants for prosecution of sexually violent person commitment cases
- 978.045 Special prosecutors Deadlines
- 978.047 Investigators; police powers
- 978.05 Duties of the district attorney
- 978.06 Restriction on district attorney
- 978.07 Obsolete district attorney records Deadlines
- 978.08 Preservation of certain evidence Deadlines
- 978.11 Budget
- 978.12 Salaries and benefits of district attorney and state employees in office of district attorney Deadlines
- 978.13 Operational expenses of district attorney offices
Part 979 · Investigation of Deaths
- 979.01 Reporting deaths required; penalty; taking specimens by coroner or medical examiner Deadlines
- 979.012 Reporting deaths of public health concern Deadlines
- 979.015 Subpoena for documents
- 979.02 Autopsies
- 979.025 Autopsy of correctional inmate
- 979.03 Autopsy for sudden infant death syndrome Deadlines
- 979.04 Inquests: when called
- 979.05 Inquests: procedure
- 979.06 Inquests: witnesses
- 979.07 Incriminating testimony compelled; immunity
- 979.08 Inquests: instructions, burden of proof and verdict
- 979.09 Burial of body
- 979.10 Cremation Deadlines
- 979.11 Compensation of officers
- 979.12 Fees for morgue services
- 979.22 Autopsies and toxicological services by medical examiners