What is the process for requesting a court trial in a small claims court case?
In Wisconsin, requesting a court trial in a small claims court case is relatively straightforward. To begin the process, you will first need to fill out a Request for a Court Trial form. This form will allow you to initiate a trial before a judge. You must file the form in the small claims court in which the dispute originated. Once the Request for a Court Trial form has been filed, the court clerk will schedule a pretrial conference, where parties may attempt to reach an agreement and avoid a formal court trial. If the parties fail to come to a resolution during the pretrial conference, the case will proceed to court. On the day of the court trial, each side will submit evidence and present witnesses, if desired. The judge will then be responsible for ruling on the case, establishing which party is in the correct, and deciding the amount of damages that should be paid, if applicable. After the judge has submitted the ruling, it is possible to appeal the decision within ten days. During the appeal process, both sides will present their arguments and evidence in order for a higher court to review the decision. If the higher court finds that the lower court erred in its ruling, the case may be reversed or altered.
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