reglab/housing_qa huggingface dataset:
WI Stat § 807.001 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 807 - Civil procedure — miscellaneous provisions.|807.001 - Forms.

807.001  Forms. (1) In all civil actions and proceedings in circuit court, the parties and court officials shall use the standard court forms adopted by the judicial conference under s. 758.18 (1), commencing the date on which the forms are adopted. If an applicable court form has been adopted under s. 758.18 (2), that form may be used in lieu of the standard court form. (2) A party or court official may supplement a court form with additional material. (3) A court may not dismiss a case, refuse a filing or strike a pleading for failure of a party to use a standard court form under sub. (1) or to follow format rules but shall require the party to submit, within 10 days, a corrected form and may impose statutory fees or costs or both. (4) If the judicial conference does not create a standard court form for an action or pleading undertaken by a party or court official, the party or court official may use a format consistent with any statutory or court requirement for the action or pleading.History:  Sup. Ct. Order No. 98-01, 228 Wis. 2d xiii (2000); Sup. Ct. Order No. 05-02, 2005 WI 41, 278 Wis. 2d xxxv.
WI Stat § 807.02 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 807 - Civil procedure — miscellaneous provisions.|807.02 - Motions, where heard; stay of proceedings.

807.02  Motions, where heard; stay of proceedings. Except as provided in s. 807.13 or when the parties stipulate otherwise and the court approves, motions in actions or proceedings in the circuit court must be heard within the circuit where the action is triable. Orders out of court, not requiring notice, may be made by the presiding judge of the court in any part of the state. No order to stay proceedings after a verdict, report or finding in any circuit court may be made by a circuit or supplemental court commissioner. No stay of proceedings for more than 20 days may be granted except upon previous notice to the adverse party.History:  Sup. Ct. Order, 67 Wis. 2d 585, 742 (1975); 1977 c. 449; Sup. Ct. Order, 141 Wis. 2d xiii (1987); 2001 a. 61.Judicial Council Note, 1988: The section is amended to except telephone hearings on motions from the requirement that motions be heard in the circuit where the action is triable. The amendment also permits the court to hear motions elsewhere upon stipulation of the parties. [Re Order effective Jan. 1, 1988]
WI Stat § 807.03 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 807 - Civil procedure — miscellaneous provisions.|807.03 - Orders, how vacated and modified.

807.03  Orders, how vacated and modified. An order made out of court without notice may be vacated or modified without notice by the judge who made it. An order made upon notice shall not be modified or vacated except by the court upon notice, but the presiding judge may suspend the order, in whole or in part, during the pendency of a motion to the court to modify or vacate the order.History:  Sup. Ct. Order, 67 Wis. 2d 585, 743 (1975).
WI Stat § 807.04 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 807 - Civil procedure — miscellaneous provisions.|807.04 - Proceedings, where held; restriction as to making orders.

807.04  Proceedings, where held; restriction as to making orders. (1) Except as provided under sub. (2), all trials, and all hearings at which oral testimony is to be presented, shall be held in open court. The court may make any order which a judge or a circuit or supplemental court commissioner has power to make. (2) All hearings in which oral testimony is to be presented in an action or special proceeding that is commenced by a prisoner, as defined in s. 801.02 (7) (a) 2., shall be conducted by telephone, interactive video and audio transmission or other live interactive communication without removing him or her from the facility or institution if his or her participation is required or permitted and if the official having custody of him or her agrees. The court in which the action or special proceeding is commenced shall, when feasible, also allow counsel, witnesses and other necessary persons to participate in the hearing by telephone, interactive video and audio transmission or other live interactive communication. The procedures and policies under s. 807.13 shall apply to the extent feasible.History:  Sup. Ct. Order, 67 Wis. 2d 585, 743 (1975); 1977 c. 187 s. 135; 1997 a. 133; 2001 a. 61.
WI Stat § 807.06 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 807 - Civil procedure — miscellaneous provisions.|807.06 - Copy of paper may be used, when.

807.06  Copy of paper may be used, when. (1) If any original paper or pleading be lost or withheld by any person the court may authorize a copy thereof to be filed and used instead of the original. (2) The clerk of circuit court may electronically scan any paper or pleading, as permitted under SCR 72.05, and may discard the original paper or pleading pursuant to SCR 72.03 (3). If the original is discarded, the electronically scanned document constitutes the official court record.History:  Sup. Ct. Order, 67 Wis. 2d 585, 744 (1975); Sup. Ct. Order No. 12-05, 2012 WI 112, 344 Wis. 2d xxxiii.
WI Stat § 807.08 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 807 - Civil procedure — miscellaneous provisions.|807.08 - Borrowing court files regulated.

807.08  Borrowing court files regulated. The clerk shall not permit any paper filed in the clerk's office to be taken therefrom unless upon written order of a judge of the court. The clerk shall take a written receipt for all papers so taken and preserve the same until such papers are returned. Papers so taken shall be returned at once upon request of the clerk or presiding judge, and no paper shall be kept longer than 10 days.History:  Sup. Ct. Order, 67 Wis. 2d 585, 745 (1975); 1993 a. 486.Clerks of court may not send original records of criminal cases to the public defender prior to appeal unless a judge authorizes the release. 69 Atty. Gen. 63.
WI Stat § 807.09 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 807 - Civil procedure — miscellaneous provisions.|807.09 - Conciliators.

807.09  Conciliators. (1) A circuit judge of the circuit court of any county may appoint and remove at any time, any retired or former circuit or county court judge to act, in matters referred by the judge and in conciliation matters. When a matter for conciliation is referred for such purpose, the conciliator shall have full authority to hear, determine and report findings to the court. Such conciliators may be appointed circuit court commissioners under SCR 75.02 (1). (2) The circuit judges of such county shall make rules, not inconsistent with law, governing procedure before and pertaining to such conciliators and the county board shall fix and provide for their compensation.History:  Sup. Ct. Order, 67 Wis. 2d 585, 746 (1975); 1975 c. 218; 1977 c. 187 s. 135; 1977 c. 323 s. 16; 2001 a. 61.
WI Stat § 807.11 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 807 - Civil procedure — miscellaneous provisions.|807.11 - Orders: rendition and entry.

807.11  Orders: rendition and entry. (1) An order is rendered when it is signed by the judge. (2) An order is entered when it is filed in the office of the clerk of court.History:  Sup. Ct. Order, 67 Wis. 2d 585, 747 (1975).An oral order of a state court that an injunction be issued was valid even though the case was removed to federal court before the order was signed. Heidel v. Voight, 456 F. Supp. 959 (1978).
WI Stat § 807.12 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 807 - Civil procedure — miscellaneous provisions.|807.12 - Suing by fictitious name or as unknown; partners' names unknown.

807.12  Suing by fictitious name or as unknown; partners' names unknown. (1) When the name or a part of the name of any defendant, or when any proper party defendant to an action to establish or enforce, redeem from or discharge a lien or claim to property is unknown to the plaintiff, such defendant may be designated a defendant by so much of the name as is known, or by a fictitious name, or as an unknown heir, representative, owner or person as the case may require, adding such description as may reasonably indicate the person intended. But no person whose title to or interest in land appears of record or who is in actual occupancy of land shall be proceeded against as an unknown owner. (2) When the name of such defendant is ascertained the process, pleadings and all proceedings may be amended by an order directing the insertion of the true name instead of the designation employed. (3) In an action against a partnership, if the names of the partners are unknown to the plaintiff, all proceedings may be in the partnership name until the names of the partners are ascertained, whereupon the process, pleadings and all proceedings shall be amended by order directing the insertion of such names.History:  Sup. Ct. Order, 67 Wis. 2d 585, 748 (1975).This section does not authorize judgment against an unnamed individual. Miller v. Smith, 100 Wis. 2d 609, 302 N.W.2d 468 (1981).When an action against an unnamed defendant under s. 807.12 was filed on the last day of the limitation period and amended process naming the defendant was served within 60 days after filing, the action was not barred. Relation back requirements of s. 802.09 (3) were inapplicable. Lak v. Richardson-Merrell, Inc. 100 Wis. 2d 641, 302 N.W.2d 483 (1981).A fictitiously designated defendant's right to extinction of an action does not effectively vest until 60 days after the statute of limitations runs. Lavine v. Hartford Acc. & Indemnity, 140 Wis. 2d 434, 410 N.W.2d 623 (Ct. App. 1987).A cause of action does not accrue until the plaintiff knows the tortfeasor's identity or reasonably should have discovered it. Spitler v. Dean, 148 Wis. 2d 630, 436 N.W.2d 308 (1989).
WI Stat § 807.14 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 807 - Civil procedure — miscellaneous provisions.|807.14 - Interpreters.

807.14  Interpreters. On request of any party, the court may permit an interpreter to act in any civil proceeding other than trial by telephone or live audiovisual means.History:  Sup. Ct. Order, 141 Wis. 2d xiii (1987); 1997 a. 252.Judicial Council Note, 1988: This section [created] allows interpreters to serve by telephone or live audio-visual means in civil proceedings other than trials, on request of any party and approval by the court. [Re Order effective Jan. 1, 1988]Se Habla Everything: The Right to an Impartial, Qualified Interpreter. Araiza. Wis. Law. Sept. 1997.
WI Stat § 807.15 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 807 - Civil procedure — miscellaneous provisions.|807.15 - Penalty for certain actions by prisoners.

807.15  Penalty for certain actions by prisoners. (1) In this section, “prisoner" has the meaning given in s. 801.02 (7) (a) 2. (2) In any action or special proceeding, including a petition for a common law writ of certiorari, brought by a prisoner, the court may, on its own motion or on the motion of any party, order the department of corrections to extend the prisoner's mandatory release date calculated under s. 302.11 (1) or the prisoner's eligibility for release to extended supervision under s. 302.113 (3) (bm) or 302.114 (3) (c) or order the sheriff to deprive the prisoner of good time under s. 302.43 if the court finds that any of the following applies:(a) The action or special proceeding was filed for a malicious purpose.(b) The action or special proceeding was filed solely to harass the party against which it was filed.(c) The prisoner testifies falsely or otherwise knowingly offers false evidence or provides false information to the court. (3) (a) Subject to pars. (b) and (c), if a court orders the department of corrections to extend a prisoner's mandatory release date or eligibility for release to extended supervision or orders the sheriff to deprive the prisoner of good time under sub. (2), the order shall specify the number of days by which the mandatory release date or eligibility for release to extended supervision is to be extended or the good time deprived.(b) An order under sub. (2) to extend a prisoner's mandatory release date or deprive a prisoner of good time may not require the prisoner to serve more days than provided for under the prisoner's sentence.(c) An order under sub. (2) to extend the eligibility for release to extended supervision of a prisoner subject to s. 302.113 may not require the prisoner to serve more days in prison than the total length of the prisoner's bifurcated sentence. (4) This section applies to prisoners who committed an offense on or after September 1, 1998.History:  1997 a. 133, 283.
WI Stat § 808.01 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 808 - Appeals and writs of error.|808.01 - Definitions.

808.01  Definitions. In this chapter: (1) “Appeal" means a review in an appellate court by appeal or writ of error authorized by law of a judgment or order of a circuit court. (2) “Appellate court" means the supreme court under ch. 751 or the court of appeals under ch. 752.History:  1977 c. 187; 1991 a. 189.A party that accepts the benefits of a judgment does not waive the right to take an appeal which does not involve a reversal of that part of the judgment under which the benefit was received. Estreen v. Bluhm, 79 Wis. 2d 142, 255 N.W.2d 473.Because an appeal to the court of appeals is defined under sub. (1) as a review of a judgment or order of a circuit court, the court of appeals does not have the power of appellate review over decisions of a circuit judge acting in a non-judicial capacity. Schoenhofen v. DOT, 231 Wis. 2d 508, 605 N.W.2d 249 (Ct. App. 1999), 99-0629.
WI Stat § 808.02 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 808 - Appeals and writs of error.|808.02 - Writ of error.

808.02  Writ of error. A writ of error may be sought in the court of appeals.History:  1977 c. 187.
WI Stat § 808.05 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 808 - Appeals and writs of error.|808.05 - Bypass.

808.05  Bypass. The supreme court may take jurisdiction of an appeal or any other proceeding pending in the court of appeals if: (1) It grants direct review upon a petition to bypass filed by a party; (2) It grants direct review upon certification from the court of appeals prior to the court of appeals hearing and deciding the matter; or (3) It, on its own motion, decides to review the matter directly.History:  1977 c. 187.
WI Stat § 808.08 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 808 - Appeals and writs of error.|808.08 - Further proceedings in trial court.

808.08  Further proceedings in trial court. When the record and remittitur are received in the trial court: (1) If the trial judge is ordered to take specific action, the judge shall do so as soon as possible. (2) If a new trial is ordered, the trial court, upon receipt of the remitted record, shall place the matter on the trial calendar. (3) If action or proceedings other than those mentioned in sub. (1) or (2) is ordered, any party may, within one year after receipt of the remitted record by the clerk of the trial court, make appropriate motion for further proceedings. If further proceedings are not so initiated, the action shall be dismissed except that an extension of the one-year period may be granted, on notice, by the trial court, if the order for extension is entered during the one-year period.History:  1977 c. 187.“Further proceedings" under s. 801.58 (7) and sub. (3) have the same definition. State ex rel. Ondrasek v. Calumet Circuit Court, 133 Wis. 2d 177, 394 N.W.2d 912 (Ct. App. 1986).A “specific action" under sub. (1) is one that requires no exercise of discretion by the trial court. “Further proceedings" under sub. (3) are those requiring the exercise of discretion by the trial court. State ex rel. J.H. Findorff v. Circuit Court for Milwaukee County, 2000 WI 30, 233 Wis. 2d 428, 608 N.W.2d 679, 97-3452.In the absence of a remand order in the mandate line or some other clear directive from the appellate court ultimately deciding the appeal, a trial court whose judgment or final order has been affirmed by the appellate court on the merits has no authority to reopen the case for an amended complaint. Tietsworth v. Harley-Davidson, Inc., 2007 WI 97, 303 Wis. 2d 94, 735 N.W.2d 418, 04-2655.
WI Stat § 808.09 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 808 - Appeals and writs of error.|808.09 - Reversal, affirmance or modification of judgment.

808.09  Reversal, affirmance or modification of judgment. Upon an appeal from a judgment or order an appellate court may reverse, affirm or modify the judgment or order as to any or all of the parties; may order a new trial; and, if the appeal is from a part of a judgment or order, may reverse, affirm or modify as to the part appealed from. In all cases an appellate court shall remit its judgment or decision to the court below and thereupon the court below shall proceed in accordance with the judgment or decision.History:  1977 c. 187.The court of appeals may not direct a circuit court to enter a judgment of conviction of a lesser included offense when the jury verdict of guilty on the greater offense is reversed for insufficiency of evidence and the jury was not instructed on the lesser included offense. State v. Myers, 158 Wis. 2d 356, 461 N.W.2d 777 (1990).The court of appeals has authority to grant a summary judgment motion that was denied by the trial court. Interest of Courtney E., 184 Wis. 2d 592, 516 N.W.2d 422 (1994).In the absence of a remand order in the mandate line or some other clear directive from the appellate court ultimately deciding the appeal, a trial court whose judgment or final order has been affirmed by the appellate court on the merits has no authority to reopen the case for an amended complaint. Tietsworth v. Harley-Davidson, Inc., 2007 WI 97, 303 Wis. 2d 94, 735 N.W.2d 418, 04-2655.Unless the supreme court explicitly states otherwise, a court of appeals opinion overruled by the supreme court no longer retains any precedential value. Blum v. 1st Auto & Casualty Insurance Co., 2010 WI 78, 326 Wis. 2d 729, 786 N.W.2d 78, 08-1324.
WI Stat § 808.10 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 808 - Appeals and writs of error.|808.10 - Review by the supreme court.

808.10  Review by the supreme court. (1) Petition for review; time limit. A decision of the court of appeals is reviewable by the supreme court only upon a petition for review granted by the supreme court. Except as provided in sub. (2) and ss. 809.32 (5) and 809.62 (1m), the petition for review shall be filed in the supreme court within 30 days of the date of the decision of the court of appeals. (2)  Tolling pending court of appeals reconsideration. If a motion for reconsideration is filed in the court of appeals under s. 809.24 (1) within 20 days after the date of a decision of the court of appeals, the 30-day time period to file the petition for review starts on the date the court of appeals determines the motion for reconsideration by filing an order denying the motion for reconsideration or an amended decision.History:  1977 c. 187; 1979 c. 192; 2009 a. 25.Judicial Council Note, 1979: This section is amended to more properly describe the function of the supreme court in reviewing decisions of the court of appeals. The supreme court decides whether to accept jurisdiction of a case from the court of appeals after a petition to review, not a petition to appeal, is filed with the supreme court. See s. 809.62. [Bill 396-S]“Decision" under this section is the final decision disposing of the case. In Interest of A.R., 85 Wis. 2d 444, 270 N.W.2d 581 (1978).If a petition is not received by the clerk of the supreme court within 30 days, the court loses subject matter jurisdiction. The objection is not subject to waiver and will be raised on the court's own motion. First Wisconsin National Bank of Madison v. Nicholaou, 87 Wis. 2d 360, 274 N.W.2d 704 (1979).Untimely service of a petition filed under this section does not affect jurisdiction, but the opposing party may move to dismiss under s. 809.83 (2). State v. Rhone, 94 Wis. 2d 682, 288 N.W.2d 862 (1980).The 30-day deadline for receipt of a petition for review is tolled on the date that a pro se prisoner delivers a correctly addressed petition to the proper prison authorities for mailing. State ex rel. Nichols v. Litscher, 2001 WI 119, 247 Wis. 2d 1013, 635 N.W.2d 292, 00-0853. See also Brown v. Bradley, 2003 WI 14, 259 Wis. 2d 630, 658 N.W.2d 427, 01-3324.Unless the supreme court explicitly states otherwise, a court of appeals opinion overruled by the supreme court no longer retains any precedential value. Blum v. 1st Auto & Casualty Insurance Co., 2010 WI 78, 326 Wis. 2d 729, 786 N.W.2d 78, 08-1324.Petitions for review by the Wisconsin supreme court. 1979 WLR 1176.
WI Stat § 808.11 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 808 - Appeals and writs of error.|808.11 - Printing specifications.

808.11  Printing specifications. Briefs and appendices in cases before the supreme court shall be printed, typed, duplicated or reproduced clearly on paper of permanent quality, and in conformity with such rules as the court may prescribe with regard to organization, binding, color of print, and size of print, paper and margin.History:  1975 c. 160; 1977 c. 187 s. 83; Stats. 1977 s. 808.11.
WI Stat § 809.103 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 809 - Rules of appellate procedure.|809.103 - Appeals in proceedings related to prisoners.

809.103  Appeals in proceedings related to prisoners. (1) In this section, “prisoner" has the meaning given in s. 801.02 (7) (a) 2. (2) The appellate court shall notify the department of justice by a procedure developed by the director of state courts in cooperation with the department of justice when the appellate court rules that an appeal or supervisory writ proceeding brought by a prisoner meets any of the following conditions:(a) Is frivolous, as determined under s. 802.05 (2) or 895.044.(b) Is used for any improper purpose, such as to harass, to cause unnecessary delay or to needlessly increase the cost of litigation.(c) Seeks review of a denial of monetary damages from a defendant who is immune from such relief.(d) There is no ground upon which relief may be granted. (3) A prisoner is not relieved from paying the full filing fee related to an appeal or supervisory writ proceeding if the appellate court dismisses the appeal or supervisory writ proceeding for one of the reasons listed in sub. (2).History:  1997 a. 133; Sup. Ct. Order No. 03-06A, 2005 WI 86, 280 Wis. 2d xiii; 2011 a. 2.
WI Stat § 809.12 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 809 - Rules of appellate procedure.|809.12 - Rule (Motion for relief pending appeal).

809.12  Rule (Motion for relief pending appeal). A person seeking relief under s. 808.07 shall file a motion in the trial court unless it is impractical to seek relief in the trial court. A motion in the court must show why it was impractical to seek relief in the trial court or, if a motion had been filed in the trial court, the reasons given by the trial court for its action. A person aggrieved by an order of the trial court granting the relief requested may file a motion for relief from the order with the court. A judge of the court may issue an ex parte order granting temporary relief pending a ruling by the court on a motion filed pursuant to this rule. A motion filed in the court under this section must be filed in accordance with s. 809.14.History:  Sup. Ct. Order, 83 Wis. 2d xiii (1978); 1981 c. 390 s. 252.