§ 322.036 Article 36 – Pretrial, trial, and post-trial procedures
§ 322.037 Article 37 – Unlawfully influencing action of court
§ 322.038 Article 38 – Duties of trial counsel and defense counsel
§ 322.039 Article 39 – Sessions
§ 322.040 Article 40 – Continuances
§ 322.041 Article 41 – Challenges
§ 322.042 Article 42 – Oaths or affirmations
§ 322.043 Article 43 – Statute of limitations
§ 322.044 Article 44 – Former jeopardy
§ 322.045 Article 45 – Pleas of the accused
§ 322.046 Article 46 – Opportunity to obtain witnesses and other evidence
§ 322.047 Article 47 – Refusal to appear or testify
§ 322.048 Article 48 – Contempt
§ 322.049 Article 49 – Depositions
§ 322.050 Article 50 – Admissibility of records of courts of inquiry
§ 322.0505 Article 50a – Defense of mental disease or defect
§ 322.051 Article 51 – Voting and rulings
§ 322.052 Article 52 – Number of votes required
§ 322.053 Article 53 – Court to announce action
§ 322.054 Article 54 – Record of trial
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Terms Used In Wisconsin Statutes > Chapter 322 > Subchapter VII - Trial Procedure

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Commanding officer: includes only commissioned officers of the state military forces and shall include officers in charge only when administering nonjudicial punishment under…. See Wisconsin Statutes 322.001
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Convening authority: includes , in addition to the person who convened the court, a commissioned officer commanding for the time being or a successor in command to the convening authority. See Wisconsin Statutes 322.001
  • Conviction: A judgement of guilt against a criminal defendant.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Enemy: includes organized forces of the enemy in time of war, any hostile body that U. See Wisconsin Statutes 322.001
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
  • Fraud: Intentional deception resulting in injury to another.
  • in writing: includes any representation of words, letters, symbols or figures. See Wisconsin Statutes 990.01
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • Judge advocate: means a commissioned officer of the organized state military forces who is an attorney licensed to practice in this state or a member in good standing of the bar of the highest court of another state, and is any of the following:
      (a)    Certified or designated as a judge advocate in the Judge Advocate General's Corps of the army, air force, navy, or the marine corps or designated as a law specialist as an officer of the coast guard, or a reserve component of one of these. See Wisconsin Statutes 322.001
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Land: includes lands, tenements and hereditaments and all rights thereto and interests therein. See Wisconsin Statutes 990.01
  • Military court: means a court of inquiry under…. See Wisconsin Statutes 322.001
  • Military judge: means an official of a general or special court-martial detailed under…. See Wisconsin Statutes 322.001
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Oath: A promise to tell the truth.
  • Oath: includes affirmation in all cases where by law an affirmation may be substituted for an oath. See Wisconsin Statutes 990.01
  • Officer: means a commissioned or warrant officer. See Wisconsin Statutes 322.001
  • Officers: when applied to corporations include directors and trustees. See Wisconsin Statutes 990.01
  • Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Probate: Proving a will
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Qualified: when applied to any person elected or appointed to office, means that such person has done those things which the person was by law required to do before entering upon the duties of the person's office. See Wisconsin Statutes 990.01
  • Record: when used in connection with the proceedings of a court-martial, means any of the following:
    •       (a)    An official written transcript, written summary, or other writing relating to the proceedings. See Wisconsin Statutes 322.001
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • seal: includes the word "seal" the letters "L S" and a scroll or other device intended to represent a seal, if any is affixed in the proper place for a seal, as well as an impression of a seal on the instrument. See Wisconsin Statutes 990.01
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • State: when applied to states of the United States, includes the District of Columbia, the commonwealth of Puerto Rico and the several territories organized by Congress. See Wisconsin Statutes 990.01
  • State military forces: means the Wisconsin army and air national guard, the national guard, as defined in 32 U. See Wisconsin Statutes 322.001
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Subpoena: A command to a witness to appear and give testimony.
  • Sworn: includes "affirmed" in all cases where by law an affirmation may be substituted for an oath. See Wisconsin Statutes 990.01
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • This code: means this chapter. See Wisconsin Statutes 322.001
  • Town: may be construed to include cities, villages, wards or districts. See Wisconsin Statutes 990.01
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • United States: includes the District of Columbia, the states, the commonwealth of Puerto Rico and the territories organized by congress. See Wisconsin Statutes 990.01
  • Village: means incorporated village. See Wisconsin Statutes 990.01
  • Voice vote: A vote in which the Presiding Officer states the question, then asks those in favor and against to say "Yea" or "Nay," respectively, and announces the result according to his or her judgment. The names or numbers of legisators voting on each side are not recorded.