980.095 Procedures for discharge hearings.
(1) Use of juries.
(a) The district attorney or the department of justice, whichever filed the original petition, or the person who filed the petition for discharge or his or her attorney may request that a trial under s. 980.09 (3) be to a jury of 6. A jury trial is deemed waived unless it is demanded within 10 days of the determination by the court that a court or jury would likely conclude under s. 980.09 (1) that the person's condition has sufficiently changed.
(b) Juries shall be selected and treated in the same manner as they are selected and treated in civil actions in circuit court. The number of jurors prescribed in par. (a), plus the number of peremptory challenges available to all of the parties, shall be called initially and maintained in the jury box by calling others to replace jurors excused for cause until all jurors have been examined. The parties shall exercise in their order, the state beginning, the peremptory challenges available to them, and if any party declines to challenge, the challenge shall be made by the clerk by lot.
(c) No verdict shall be valid or received unless at least 5 of the jurors agree to it.
(2) Post verdict motions. Motions after verdict may be made without further notice upon receipt of the verdict.
(3) Appeals. Any party may appeal an order under this subsection as a final order under chs. 808 and 809.
History: 2005 a. 434; 2013 a. 84.
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