Preliminary examination; when prerequisite to an information or indictment
Wis. Stat. § 971.02
in effect(1) If the defendant is charged with a felony in any complaint, including a complaint issued under s. 968.26, or when the defendant has been returned to this state for prosecution through extradition proceedings under ch. 976, or any indictment, no information or indictment shall be filed until the defendant has had a preliminary examination, unless the defendant waives such examination in writing or in open court or unless the defendant is a corporation or limited liability company. The omission of the preliminary examination shall not invalidate any information unless the defendant moves to dismiss prior to the entry of a plea.
(2) Upon motion and for cause shown, the trial court may remand the case for a preliminary examination. “Cause” means:
(a) The preliminary examination was waived; and
(b) Defendant did not have advice of counsel prior to such waiver; and
(c) Defendant denies that probable cause exists to hold him or her for trial; and
(d) Defendant intends to plead not guilty.
Source: WI Statutes (Official Site)URL: https://docs.legis.wisconsin.gov/document/statutes/971.02Fetched: 10/7/2026