Close Close

Clerk Handbooks
Municipal Clerk Manual – Courts without JIS



Section/Rule:
6.3

Subject:
Chapter 6 - General/Miscellaneous
Publication / Adopted Date:
November 2009

Topic:
Withdrawal of Guilty Plea
Revised / Effective Date:
March 2020
Municipal Clerk Handbook
Courts without JIS
Chapter Six – General/Miscellaneous


6.3 – Withdrawal of Guilty Plea

References
Statutes: N/A
Supreme Court Rules: 24.02(d), 29.07(d), 37.67, 38.08, and 43.02(b)
Court Operating Rules: N/A
Publication Date: November 1992
Revised: March 2020

Introduction (SCR 24.02(d), 29.07(d), 37.67, and 38.08)

A defendant may enter a plea of guilty and later request to withdraw that plea. Any party seeking to set aside a guilty plea must file a motion with the clerk of the court where the violation is filed. A motion to withdraw a plea of guilty may be filed only before sentence is imposed or when imposition of sentence is suspended. After sentence, the court may set aside a judgment of conviction and permit a withdrawal of a plea only if it is necessary “to correct manifest injustice.” Before imposition of sentence, the court has wide discretion whether to permit the defendant to withdraw a plea. An order denying a motion to withdraw a guilty plea is appealable.

Setting Aside Guilty Plea or Correcting the Record (SCR 37.67 and 38.08)

Upon the defendant’s motion, the court may set aside a guilty plea for any of the following reasons:

1. The facts stated in the information filed and upon which the cause was tried do not state an ordinance violation;

2. The facts stated in the violation notice do not constitute an offense;

3. The court is without jurisdiction of the violation charged; or

4. To correct manifest injustice (obvious or indisputable wrong) suffered by the defendant.

The court must specify, on the record, the reason for setting aside the plea. Failure to file a motion within 30 days of the guilty plea constitutes a complete waiver of any claim that may be raised in the motion. A motion to withdraw a plea of guilty may be made only before sentence is imposed or when imposition of sentence is suspended. However, the court can set aside a judgment of conviction based on a manifest injustice at any time.

Any person seeking to set aside a guilty plea must file a motion with the clerk of the court in which the violation is filed within 30 days after the entry of the guilty plea. Within ten days after the entry of judgment and prior to the filing of application for trial de novo, the court may of its own initiative or on motion of a defendant set aside judgment. When a guilty plea or judgment of conviction is set aside, the clerk must notify the prosecutor and the defendant of the order. The Department of Revenue (DOR) must be notified of the order when an offense involves a moving traffic violation.

Upon motion of any party, clerical mistakes and errors arising out of oversight or omission in the record may be corrected at any time. The question of whether to issue notice of the motion and the type of notice issued is left to the discretion of the court. Clerks should consult with the judge regarding notice of motions to correct the judgment or follow local practice.


Clerk’s Duties/Procedures

1. Date file stamp (See SCR 43.02(b)) the defendant’s motion to withdraw guilty plea.

2. Forward the motion to the judge.

3. If the motion is denied:

4. If the motion is granted:

Forms

DOR form 4704, Driver Record Revision Request