|STATE OF WISCONSIN
||CITY OF RACINE
Motion to Reopen
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.
My reason* for requesting a reopening is:
I understand that:
- I may have to pay a nonrefundable fee for this motion.
- I will have to prove there are valid reasons for reopening the case.
- If the Judge grants my request, I may have to come to Court for a hearing and/ or trial.
- 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
- Mistake, inadvertence, surprise, or excusable neglect;
- Newly-discovered evidence which entitles a party to a new trial under s. 805.15 (3);
- Fraud, misrepresentation, or other misconduct of an adverse party;
- The judgment is void;
- The judgment has been satisfied, released or discharged;
- A prior judgment upon which the judgment is based has been reversed or otherwise vacated;
- It is no longer equitable that the judgment should have prospective application; or
- 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).
Please only click the Submit button once!