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Motion to Reopen

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I hereby request that the City of Racine Municipal Court reopen the following citation:

This form is only intended for citations written by the City of Racine Police Department.

Name*
MM slash DD slash YYYY
Address*
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MM slash DD slash YYYY
MM slash DD slash YYYY

Disposition:

I understand that:

  1. 1. I may have to pay a nonrefundable fee for this motion.
  2. 2. I will have to prove there are valid reasons for reopening the case.
  3. 3. If the Judge grants my request, I may have to come to Court for a hearing and/or trial.
  4. 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. a. Mistake, inadvertence, surprise, or excusable neglect;
  2. b. Newly-discovered evidence which entitles a party to a new trial under s. 805.15 (3);
  3. c. Fraud, misrepresentation, or other misconduct of an adverse party;
  4. d. The judgment is void;
  5. e. The judgment has been satisfied, released or discharged;
  6. f. A prior judgment upon which the judgment is based has been reversed or otherwise vacated;
  7. g. It is no longer equitable that the judgment should have prospective application;
  8. h. 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. 1. Mistake, inadvertence, surprise, or excusable neglect; or,
  2. 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).
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