Trial De Novo in Wisconsin Small Claims Court

If a court commissioner decided your Wisconsin small claims case and you disagree with the outcome, you have an absolute statutory right to a completely new hearing — a trial de novo — before a circuit court judge. This isn't discretionary. Under Wis. Stat. § 799.207(2)(b), either party can demand it, and the court must grant it.

What a Trial De Novo Actually Is

A trial de novo isn't an appeal where a judge reviews the commissioner's decision for errors. It's a brand-new trial. The circuit court judge starts from scratch — new testimony, new evidence presentation, and a fresh decision as if the commissioner hearing never happened.

That distinction matters. In a standard appeal, you're arguing the lower court got the law wrong. In a trial de novo, you get a second shot at presenting your entire case.

The Deadline Is Tight

This is the part that catches people off guard:

• Oral decision (the commissioner announces the ruling in the courtroom): You have 10 calendar days from that moment to file your demand.
• Written decision (the commissioner mails the ruling): You have 15 calendar days from the date the decision is mailed.

Calendar days, not business days. If the deadline falls on a weekend or court holiday, it extends to the next business day under Wis. Stat. § 801.15.

Miss the window and the commissioner's decision becomes a final circuit court judgment. Treat the statutory deadline as strict.

How to File

Submit Demand for Trial and Instructions (Form SC-517) with the clerk of circuit court. There is no filing fee for the demand itself. The clerk will schedule the trial de novo on the circuit court judge's calendar, and both parties will receive notice of the new hearing date.

You don't need to explain your reasons or prove the commissioner was wrong. The right to a trial de novo is unconditional under § 799.207 — you file the demand, and the court schedules the trial. That's it.

Preparing for the New Trial

Because this is a completely fresh proceeding, treat it the same way you would any small claims hearing:

• Organize your evidence in three sets (judge, opposing party, yourself)
• Bring original documents — contracts, photos, invoices, text messages
• Arrange for any witnesses to appear in person (written statements from absent witnesses are generally inadmissible hearsay)
• If you need a reluctant witness to attend, file a subpoena using Form GF-126A with the statutory $16 daily witness fee plus mileage

The judge is not bound by anything the commissioner decided. Present your case as if it's the first time anyone is hearing it, because from the judge's perspective, it is.

After the Judge's Decision

A circuit court judge's decision does not get a trial de novo — that remedy exists only for commissioner rulings. If you disagree with the judge's final decision, relief must be sought through a formal appeal to the Wisconsin Court of Appeals under Chapter 809. The appeal window is 45 days if the prevailing party files and serves a Notice of Entry of Judgment within 21 days, or 90 days if they don't. The filing costs are $15 to the circuit court clerk plus $215 to the Court of Appeals.

When a Trial De Novo Makes Sense

A trial de novo is most useful when you had strong evidence that you didn't present effectively the first time, when a key witness was absent, or when new evidence has become available since the commissioner hearing. It's also worth considering if you believe the commissioner misunderstood the facts of your dispute — though you don't need to prove that to file.

For a complete timeline tracker covering commissioner decisions, trial de novo deadlines, and appellate options, the Wisconsin Small Claims Response Guide maps out every post-decision path.

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