Legal Question in Criminal Law in Wisconsin
How doe's a party appeal from a motion denied by a court commissioner. The motion was never read in court only denied with no explanation or written decision. Don't they have to explain the motion denied either verbally or written ?
1 Answer from Attorneys
If you are serious about any sort of an appeal, it is your responsibility to create a complete record of the decision as well as the facts considered (or not considered), which is often best done via a motion to reconsider. However, many commissioner decisions in WI can be reviewed De Novo before a judge, which you can initiate via a form available from many clerk of court's offices. If you advise of your intent to take potentially take the case to a higher court, most judges or commissioners will assist in making a good record. Then, in order to go to the court of appeals, you will need to order the transcripts of all proceedings, which can be a large expense, and file a statement on transcripts along with your notice of appeal. Only final orders are appealable as of right; interim orders are discretionary appeals, where even the right to appeal can be denied pending final resolution of the case. Appeals these days are not do-it-yourself projects, so if this is something important, you should retain an experienced appellate attorney, who will be familiar with all the technical requirements, and who will also advise you of your chances of success (since the vast majority of appeals are denied).
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