Government

Disposition:

1. I may have to pay a nonrefundable fee for this motion.
2. I will have to prove there are valid reasons for reopening the case.
3. If the Judge grants my request, I may have to come to Court for a hearing and/or trial.
4. If the Judge does not grant my request, I will still owe the forfeiture(s) for this/these violation(s).

Valid Reasons for Reopening a Case

1. Mistake, inadvertence, surprise, or excusable neglect;
2. Newly-discovered evidence which entitles a party to a new trial under s. 805.15 (3);
3. Fraud, misrepresentation, or other misconduct of an adverse party;
4. The judgment is void;
5. The judgment has been satisfied, released or discharged;
6. A prior judgment upon which the judgment is based has been reversed or otherwise vacated;
7. It is no longer equitable that the judgment should have prospective application;
8. Any other reasons justifying relief from the operation of the judgment.

The defendant must submit his or her motion within a reasonable time.

The motion MUST be made within one year after the judgment was entered if the reason to reopen is based on a claim of:

1. Mistake, inadvertence, surprise, or excusable neglect; or,
2. Fraud, misrepresentation, or other misconduct of an adverse party.

Simply filing the motion does not suspend the judgment – the forfeiture is still owed until and unless the judge grants the motion to reopen.

Source: Wis. Stat. § 806.07 (Relief from judgment or order).