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1. Are trials recorded?

Trials are recorded by audio tape. It is therefore important to speak up and make sure that all responses are spoken.

2. Do I have to have an attorney?

No, you can represent yourself. Many people do so in municipal court. If you have an attorney, you must hire and pay for the attorney yourself.

3. How can I subpoena witnesses?

You may obtain subpoenas from the clerk of Municipal Court. You will have to personally serve the subpoenas on the witnesses. Allow at least two weeks before the trial to obtain and serve the subpoenas. There is no charge for obtaining subpoenas, but if you lose at trial you may be required to pay witness fees of $5 per witness plus their mileage at the current IRS mileage rate. The court clerk may be reached at 608-222-0463.

4. How can I use other types of evidence?

If you have charts, photographs, maps, diagrams, or other exhibits, they must be identified for inclusion in the record. It is helpful if you have enough copies to provide a copy to the city attorney and the court. The court must follow the rules of evidence and most written statements are not admissible unless they meet one of the hearsay exceptions. If you need testimony from individuals, it is best to have those individuals in court to testify.

5. How long will a trial take?

Most municipal court trials take between a half hour and 1.5 hours.

6. If I lose at trial, will I be able to appeal?

Yes, either party can appeal the decision of the municipal court. You will be given a notice of your appeal rights if you are found guilty.

7. If I lose at trial, will I have to pay more than the amount on my ticket?

There are no special court costs or charges for taking a case to trial, but if you are found guilty the court may fine you more than the amount on your citation.

8. What happens if I change my mind before the trial and decide that I want to settle my case?

Call the assistant city attorney handling your case as early as possible and see if they will agree to settle the case with you. The City Attorney’s Office may be reached by calling 608-221-0079.

9. What is the order of procedure at trial?

The city will present their case first. After each witness you will have an opportunity to cross examine the witness. The city may ask additional questions when you are done (re-direct) and then you would have the opportunity to cross examine the witness on any new information that has come up.

After the city has presented all of its evidence, they will rest their case. It is then your opportunity to present your case. You may call witnesses, including yourself, to testify. Your witnesses will be subject to cross examination by the city. When you are done presenting evidence, the court will give each party the opportunity to present a closing argument (the city will go first, then rebuttal by the defendant, and the city may make a final comment (the party with the burden of proof always goes last).

After all evidence has been presented and closing arguments made, the trial is over. The court may then make an oral decision from the bench or may issue a written decision.

10. What will happen at trial?

The city will present its case first. They will call witnesses and introduce evidence. After each witness, you will have an opportunity to cross examine the witness. This means you can ask questions of the witness. It does not mean that you can argue with the witness or make statements. You will have an opportunity to testify later.

11. Who has the burden of proof at a trial?

The burden of proof is on the city. They have to prove the charge by evidence that is clear, satisfactory, and convincing.

12. Who will be present at a trial?

If your case goes to trial, the city will be represented by an assistant city attorney (who will be the prosecutor). You may appear on your own behalf or you may hire an attorney to assist you. Anyone who is needed to provide evidence in the case also needs to be present. Written statements are almost never acceptable as testimony. You should verify in writing with the City Attorney’s Office if you want to find out what witnesses they plan to call. If you need witnesses present in court you can subpoena them to make sure that they will be present.

13. Will I be sworn in?

Anyone who testifies in court will be sworn in by the court.

It is helpful if you think about your case ahead of time and make of list of questions you would like to ask witnesses. The judge will have no information about your case except what is heard at trial. Do not assume that the court has read the police report - it has not. You may be able to obtain a copy of the police report by contacting the Police Department.