Wisconsin Statutes 968.01 – Complaint
Current as of: 2023 | Check for updates
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Terms Used In Wisconsin Statutes 968.01
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Oath: includes affirmation in all cases where by law an affirmation may be substituted for an oath. See Wisconsin Statutes 990.01
- Oath: A promise to tell the truth.
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
(1) In this section:
(a) “Electronic” has the meaning given in s. 137.11 (5).
(b) “Electronic signature” has the meaning given in s. 801.18 (1) (f).
(c) “Facsimile machine” has the meaning given in s. 134.72 (1) (a).
(2) The complaint is a written statement of the essential facts constituting the offense charged. A person may make a complaint on information and belief. Except as provided in sub. (3) or (4), the complaint shall be made upon oath before a district attorney or judge as provided in this chapter.
(3) A person may comply with sub. (2) if he or she makes the oath by telephone contact with the district attorney or judge, signs the statement and immediately thereafter transmits a copy of the signed statement to the district attorney or judge using a facsimile machine. The person shall also transmit the original signed statement, without using a facsimile machine, to the district attorney or judge. If the complaint is filed, both the original and the copy shall be filed under s. 968.02 (2).
(4) A person may comply with sub. (2) if he or she makes the oath by telephone contact with the district attorney or judge and immediately thereafter electronically transmits the statement, accompanied by the person’s electronic signature, to the district attorney or judge. If the complaint is filed, the electronically transmitted statement shall be incorporated into a criminal complaint filed in either an electronic or paper format under s. 968.02 (2).