The Clock On Your Case
Wis. Stat. 971.10 — 60 days for a misdemeanor, 90 days from a felony demand
| The case | Trial begins within |
|---|---|
| The caseMisdemeanor, from the initial appearance | Trial begins within60 days |
| The caseFelony, from a demand made in writing or on the record | Trial begins within90 days |
The felony demand. Any party may make it, after the information or indictment is filed. A written demand is served on the other side. If the court cannot schedule the trial, it asks for another judge.
Continuances, on the record. A continuance is granted only if the ends of justice outweigh the interest of the public and the defendant in a speedy trial, with the reasons stated on the record, and never because of general court congestion or the state's lack of diligent preparation or failure to get available witnesses.
Not tried in time. Every defendant not tried in accordance with the section is discharged from custody, though bond obligations and release conditions continue until modified.
The constitutional right to a speedy trial runs alongside the statute and is decided on different terms; court rules, and the interstate agreement on detainers for charges in another state, are not on this page. Counting the days in a particular case, and what tolls them, is a question for a licensed Wisconsin attorney.
Sources for this section (1)
- Wis. Stat. 971.10 — Speedy trial
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Wisconsin attorney.