reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 806 - Civil procedure — judgment. › 806.16 - Appellate court judgment, entry.

806.16
Appellate court judgment, entry.
The clerk of the supreme court, on demand and upon payment of $1, shall furnish a certified transcript of any money judgment of the court of appeals or the supreme court, which transcript may be filed and entered in the judgment and lien docket in the office of any clerk of circuit court in the manner that other judgments are entered and shall then be a lien for the same time as circuit court judgments on the real property in the county where entered. If the court of appeals or supreme court remits its judgment for the recovery of money or for costs to the lower court, the judgment shall be entered by the clerk of the lower court and shall have the like force and effect as judgments of the circuit court that are entered.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 734 (1975); 1977 c. 187; 1995 a. 224.
2023 Wisconsin Statutes & Annotations › Chapter 806 - Civil procedure — judgment. › 806.17 - Entering federal judgments.

806.17
Entering federal judgments.
Every judgment and decree requiring the payment of money rendered in a district court of the United States within this state shall be a lien upon the real property of the judgment debtor situated in the county in which it is entered, the same as a judgment of the state court. A transcript of the judgment may be filed with the clerk of circuit court of any other county and shall be entered in the office of the clerk of circuit court as in the case of judgments and decrees of the state courts and with like effect, on payment of fees as provided in s. 814.61 (5).
History:  Sup. Ct. Order, 67 Wis. 2d 585, 734 (1975); 1975 c. 218; 1981 c. 317 s. 2202; 1995 a. 224.
2023 Wisconsin Statutes & Annotations › Chapter 806 - Civil procedure — judgment. › 806.18 - Assignment of judgment.

806.18
Assignment of judgment.
(1)
When a duly acknowledged assignment of a judgment is filed, the clerk of circuit court shall enter the assignment on the judgment and lien docket.
(2)
An assignment may be made by an entry on the judgment and lien docket thus: “I assign this judgment to A.B.", signed by the owner, with the date affixed and witnessed by the clerk of circuit court.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 734 (1975); 1975 c. 218; 1995 a. 224.
2023 Wisconsin Statutes & Annotations › Chapter 806 - Civil procedure — judgment. › 806.20 - Court may direct satisfaction; refusal to satisfy.

806.20
Court may direct satisfaction; refusal to satisfy.
(1)
When a judgment has been fully paid but not satisfied or the satisfaction has been lost, the trial court may authorize the attorney of the judgment creditor to satisfy the judgment or may by order declare the judgment satisfied and direct satisfaction to be entered upon the judgment and lien docket.
(2)
If any owner of any judgment, after full payment thereof, fails for 7 days after request and tender of reasonable charges therefor, to satisfy the judgment, the owner shall be liable to the party paying the same, the party's heirs or representatives in the sum of $50 damages and also for actual damages occasioned by such failure.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 737 (1975); 1975 c. 218; 1995 a. 224.
2023 Wisconsin Statutes & Annotations › Chapter 806 - Civil procedure — judgment. › 806.21 - Judgment satisfied not a lien; partial satisfaction.

806.21
Judgment satisfied not a lien; partial satisfaction.
If a judgment is satisfied in whole or in part or as to any judgment debtor and the satisfaction is entered in the judgment and lien docket, the judgment shall, to the extent of the satisfaction, cease to be a lien. Any execution issued after the satisfaction is entered in the judgment and lien docket shall contain a direction to collect only the residue of the judgment, or to collect only from the judgment debtors remaining liable.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 737 (1975); 1995 a. 224.
2023 Wisconsin Statutes & Annotations › Chapter 806 - Civil procedure — judgment. › 806.22 - Filing copy of satisfaction.

806.22
Filing copy of satisfaction.
If a satisfaction of a judgment has been entered on the judgment and lien docket in the county where it was first entered, a certified copy of the satisfaction or a certificate by the clerk of circuit court, under official seal, showing the satisfaction, may be filed with the clerk of circuit court of any county where the judgment has been entered, and that clerk of circuit court shall make a similar entry on the judgment and lien docket of that county.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 738 (1975); 1975 c. 218; 1995 a. 224.
2023 Wisconsin Statutes & Annotations › Chapter 806 - Civil procedure — judgment. › 806.23 - Action on judgment, when brought.

806.23
Action on judgment, when brought.
No action shall be brought upon a judgment rendered in any court of this state between the same parties, without leave of the court, for good cause shown, on notice to the adverse party.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 738 (1975).
The trial court's denial of a petition to sue on a 12-year-old judgment was an abuse of discretion. Andersen v. Kojo, 110 Wis. 2d 22, 327 N.W.2d 195 (Ct. App. 1982).
Nothing in this section, or case law interpreting it, prevents a party who has been unable to enforce a judgment for specific performance by a court-imposed deadline from moving the court for a new order with a new deadline. Chase Lumber & Fuel Co. v. Chase, 228 Wis. 2d 179, 596 N.W.2d 840 (Ct. App. 1999), 98-0532.
2023 Wisconsin Statutes & Annotations › Chapter 806 - Civil procedure — judgment. › 806.25 - No judgment without action.

806.25
No judgment without action.
Any authorization in a note executed after June 18, 1972, for the creditor, or other person acting on the creditor's behalf, to confess judgment for the debtor shall be void and unenforceable.
History:  1973 c. 261; Sup. Ct. Order, 67 Wis. 2d 585, 740 (1975); 1975 c. 218.
2023 Wisconsin Statutes & Annotations › Chapter 806 - Civil procedure — judgment. › 806.30 - Definitions.

806.30
Definitions.
In ss. 806.30 to 806.44:
(1)
“Action" means a judicial proceeding or arbitration in which a money payment may be awarded or enforced with respect to a foreign-money claim.
(1m)
“Bank-offered spot rate" means the rate of exchange at which a bank will issue its draft in a foreign money or will cause credit to become available in a foreign money on a next-day basis.
(2)
“Conversion date" means the banking day before the date that money is used, under ss. 806.30 to 806.44, for one of the following:
(a)
To pay a judgment creditor.
(b)
To pay the designated official enforcing a judgment on behalf of the judgment creditor.
(c)
To effect a recoupment or setoff of claims in different moneys in an action.
(3)
“Distribution proceeding" means a judicial or nonjudicial proceeding for an accounting, an assignment for the benefit of creditors, a foreclosure, a liquidation or rehabilitation of a corporation or other entity or a distribution of an estate, trust or other fund in which or against which a foreign-money claim is asserted.
(4)
“Foreign money" means money other than money authorized or adopted by the United States of America.
(5)
“Foreign-money claim" means a claim upon an obligation to pay or a claim for recovery of a loss, expressed in or measured by a foreign money.
(6)
“Money" means a medium of exchange for the payment of obligations or a store of value authorized or adopted by a government or by intergovernmental agreement.
(8)
“Party" means an individual, corporation, government or governmental subdivision or agency, business trust, partnership, or association of 2 or more persons having a joint or common interest, or any other legal or commercial entity asserting or defending against a foreign-money claim.
(9)
“Rate of exchange" means the rate at which the money of one country may be converted into money of another country in a free financial market convenient to or reasonably usable by the party obliged to pay or to state a rate of conversion. If separate rates of exchange apply to different kinds of transactions or events, the term means the rate applicable to the particular transaction or event giving rise to the foreign-money claim.
(10)
“Spot rate" means the rate of exchange at which foreign money is sold by a bank or other dealer in foreign exchange for settlement by immediate payment, by charge to an account, or by an agreed delayed settlement not exceeding 2 days.
(11)
“State" means a state, territory or possession of the United States of America, the District of Columbia, the Commonwealth of Puerto Rico or the United States Virgin Islands.
History:  1991 a. 236.
2023 Wisconsin Statutes & Annotations › Chapter 806 - Civil procedure — judgment. › 806.31 - Scope.

806.31
Scope.
(1)
Sections 806.30 to 806.44 apply only to a foreign-money claim in an action or distribution proceeding.
(2)
Sections 806.30 to 806.44 apply to foreign-money issues notwithstanding the law applicable under the conflict of laws rules of this state to other issues in the action or distribution proceeding.
History:  1991 a. 236.
2023 Wisconsin Statutes & Annotations › Chapter 806 - Civil procedure — judgment. › 806.32 - Variation by agreement.

806.32
Variation by agreement.
(1)
The parties may agree to vary from the effects of ss. 806.30 to 806.44 at any time before or after the commencement of an action or distribution proceeding, or the entry of judgment.
(2)
The parties may agree upon the money to be used in a transaction giving rise to a foreign-money claim and may use different moneys for different aspects of the transaction. Stating the price in a foreign money for a particular transaction does not require, of itself, the use of that money for other aspects of the transaction.
History:  1991 a. 236.
2023 Wisconsin Statutes & Annotations › Chapter 806 - Civil procedure — judgment. › 806.33 - Determining the money of the claim.

806.33
Determining the money of the claim.
(1)
Except as provided in sub. (2), the proper money of the claim is one of the following:
(a)
The money regularly used between the parties as a matter of usage or course of dealing.
(b)
The money used at the time of a transaction in international trade, by trade usage, or common practice, for valuing or settling transactions in the particular commodity or service involved.
(c)
The money in which the loss was ultimately felt or will be incurred by a party.
(2)
The money in which the parties have contracted that a payment be made is the proper money of the claim for that payment.
History:  1991 a. 236.
2023 Wisconsin Statutes & Annotations › Chapter 806 - Civil procedure — judgment. › 806.34 - Determining the amount of the money of certain contract claims.

806.34
Determining the amount of the money of certain contract claims.
(1)
If an amount contracted to be paid in a foreign money is measured by a specified amount of a different money, the amount to be paid is determined on the conversion date.
(2)
If an amount contracted to be paid in a foreign money is to be measured by a different money at the rate of exchange prevailing on a date before default, that rate of exchange applies only for payments made a reasonable time after default, not to exceed 30 days. Thereafter, the bank-offered spot rate of exchange on the conversion date applies.
(3)
A monetary claim is neither usurious nor unconscionable because the agreement on which it is based provides that the amount of the debtor's obligation to be paid in the debtor's money must, when received by the creditor, equal a specified amount of the foreign money of the country of the creditor. If, because of unexcused delay in payment of a judgment or award, the amount received by the creditor does not equal the amount of the foreign money specified in the agreement, the court or arbitrator shall amend the judgment or award to provide the creditor with the amount of the foreign money specified in the agreement.
History:  1991 a. 236.
2023 Wisconsin Statutes & Annotations › Chapter 806 - Civil procedure — judgment. › 806.35 - Asserting and defending a foreign-money claim.

806.35
Asserting and defending a foreign-money claim.
(1)
A claimant may assert a claim in a specified foreign money. If a foreign money is not asserted, the claimant makes a claim for a judgment in U.S. dollars.
(2)
An opposing party may allege and prove that the claim is, in whole or in part, for a different money than that asserted by the claimant.
(3)
Any party may assert a defense, setoff, recoupment or counterclaim in any money without regard to the money of other claims.
(4)
The determination of the proper money of the claim is a question of law.
History:  1991 a. 236.
2023 Wisconsin Statutes & Annotations › Chapter 806 - Civil procedure — judgment. › 806.36 - Judgments and awards on foreign-money claims; times of money conversion; form of judgment.

806.36
Judgments and awards on foreign-money claims; times of money conversion; form of judgment.
(1)
Except as provided in sub. (3), a judgment or arbitration award on a foreign-money claim must be stated in an amount of the money of the claim.
(2)
The judgment or award on a foreign-money claim is payable in that foreign money or, at the option of the debtor, in the amount of U.S. dollars that will purchase that foreign money on the conversion date at a bank-offered spot rate.
(3)
Assessed costs must be entered in U.S. dollars.
(4)
Each payment in U.S. dollars must be accepted and credited on the judgment or award in the amount of the foreign money that could be purchased by U.S. dollars at a bank-offered spot rate of exchange at or near the close of business on the conversion date of that payment.
(5)
Judgments or awards made in an action on both a defense, setoff, recoupment or counterclaim and on the adverse party's claim must be netted by converting the money of the smaller into the money of the larger and subtracting the smaller from the larger, and must specify the rate of exchange used.
(6)
A judgment substantially in the following form complies with sub. (1):
IT IS ADJUDGED AND ORDERED, that defendant .... (insert name) pay to plaintiff .... (insert name) the sum of .... (insert amount in the foreign money) plus interest on that sum at the rate of ....% (insert rate - see Section 806.38 of the Wisconsin Statutes) per year or, at the option of the judgment debtor, the number of U.S. dollars that will purchase the .... (insert name of foreign money) with interest due, at a bank-offered spot rate at or near the close of business on the banking day before the day of payment, together with assessed costs of $.... (insert amount) U.S. dollars.
(7)
If a contract claim is of the type covered by s. 806.34 (1) or (2), the judgment or award for the amount of the money stated to measure the obligation to be paid shall be entered in the money specified for payment or, at the option of the debtor, in the number of U.S. dollars that will purchase the computed amount of the money of payment on the conversion date at a bank-offered spot rate.
(8)
A judgment shall be filed with the clerk of circuit court and entered in the judgment and lien docket in foreign money in the same manner and shall have the same effect as other judgments.
History:  1991 a. 236; 1995 a. 224; 2017 a. 365 s. 111.
2023 Wisconsin Statutes & Annotations › Chapter 806 - Civil procedure — judgment. › 806.37 - Conversions of foreign money in a distribution proceeding.

806.37
Conversions of foreign money in a distribution proceeding.
The rate of exchange prevailing at or near the closing of business on the day the distribution proceeding is initiated shall govern all exchanges of foreign money in the proceeding. A foreign-money claimant in a distribution proceeding must assert its claim in the named foreign money and show the amount of U.S. dollars resulting from a conversion as of the date the proceeding was initiated.
History:  1991 a. 236.
2023 Wisconsin Statutes & Annotations › Chapter 806 - Civil procedure — judgment. › 806.38 - Prejudgment and judgment interest.

806.38
Prejudgment and judgment interest.
(1)
With respect to a foreign-money claim, recovery of prejudgment interest and the rate of interest to be applied in the action or distribution proceeding are matters of the substantive law governing the right to recovery under the conflict of laws rules of this state.
(2)
Notwithstanding sub. (1), an increase or decrease in the amount of prejudgment interest otherwise payable may be made in a foreign-money judgment to the extent required by s. 802.05, 805.03 or 807.01.
(3)
A judgment on a foreign-money claim bears interest at the same rate applicable to other judgments of this state.
History:  1991 a. 236.
2023 Wisconsin Statutes & Annotations › Chapter 806 - Civil procedure — judgment. › 806.39 - Enforcement of foreign judgments.

806.39
Enforcement of foreign judgments.
(1)
Subject to subs. (2) and (3), if an action is brought to enforce a judgment of another jurisdiction expressed in a foreign money and the judgment is recognized in this state as enforceable, the enforcing judgment must be entered as provided in s. 806.36 whether or not the foreign judgment confers an option to pay in an equivalent amount of U.S. dollars. A satisfaction or partial payment made upon the foreign judgment must be credited against the amount of foreign money specified in the judgment, notwithstanding the entry of judgment in this state.
(2)
Notwithstanding sub. (1), a foreign judgment may be filed and entered in the judgment and lien docket under s. 806.24.
(3)
A judgment entered on a foreign-money claim only in U.S. dollars in another state must be enforced in this state in U.S. dollars only.
History:  1991 a. 236; 1995 a. 224.
2023 Wisconsin Statutes & Annotations › Chapter 806 - Civil procedure — judgment. › 806.40 - Temporarily determining the U.S. dollar value of foreign-money claims for limited purposes.

806.40
Temporarily determining the U.S. dollar value of foreign-money claims for limited purposes.
(1)
For the limited purpose of facilitating the enforcement of provisional remedies in an action, the value in U.S. dollars of assets to be seized or restrained pursuant to a writ of attachment, garnishment, execution or other legal process, the amount of U.S. dollars at issue for assessing costs, or the amount of U.S. dollars involved for a surety bond or other court-required undertaking shall be ascertained as provided in subs. (2) and (3).
(2)
The party seeking the process, costs, bond or other undertaking must compute the U.S. dollar amount of the foreign money claimed from a bank-offered spot rate of exchange prevailing at or near the close of business on the banking day preceding the day of the filing of a request or application for the issuance of process or for the determination of costs, or the filing of an application for a bond or other court-required undertaking.
(3)
The party seeking the process, costs, bond or other undertaking shall file with each request or application an affidavit or certificate executed in good faith by its counsel or a bank officer, stating the market quotation used, how obtained, and setting forth the calculation. Affected court officials incur no liability, after a filing of the affidavit or certificate, for acting as if the judgment was in the amount of U.S. dollars stated in the affidavit or certificate.
(4)
Computations under this section are for the limited purposes of the section and do not affect computation of the U.S. dollar equivalent of the money of the judgment for payment purposes.
History:  1991 a. 236.
2023 Wisconsin Statutes & Annotations › Chapter 806 - Civil procedure — judgment. › 806.41 - Effect of currency revalorizations.

806.41
Effect of currency revalorizations.
(1)
If, after an obligation is expressed or a loss is incurred in a foreign money, the country issuing or adopting that money substitutes a new money in place of that money, the obligation or the loss is treated as if expressed or incurred in the new money at the rate of conversion the issuing country establishes for the payment of like obligations or losses denominated in the former money.
(2)
If substitution under sub. (1) occurs after a judgment or award is entered on a foreign-money claim, the court or arbitrator shall amend the judgment or award by the rate of conversion of the former money.
History:  1991 a. 236.
2023 Wisconsin Statutes & Annotations › Chapter 806 - Civil procedure — judgment. › 806.42 - Supplementary general principles of law.

806.42
Supplementary general principles of law.
Unless displaced by ss. 806.30 to 806.44, the principles of law and equity, including the law relative to the capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy or other validating or invalidating causes supplement the provisions under ss. 806.30 to 806.44.
History:  1991 a. 236.
2023 Wisconsin Statutes & Annotations › Chapter 806 - Civil procedure — judgment. › 806.43 - Uniformity of application and construction.

806.43
Uniformity of application and construction.
Sections 806.30 to 806.44 shall be applied and construed to effectuate the general purpose of making uniform the law with respect to the subject of ss. 806.30 to 806.44 among states enacting it.
History:  1991 a. 236.
2023 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.
2023 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]
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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).
2023 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.
2023 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.
2023 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 that 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 (1977).
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.
2023 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.
2023 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 sub. (3) and s. 801.58 (7) have the same definition. State ex rel. Ondrasek v. 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 & Son, Inc. v. Circuit Court, 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.
2023 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. State v. 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.
2023 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. K.R. v. Rock County Department of Social Services, 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 State ex rel. 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. Karch. 1979 WLR 1176.
2023 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.
2023 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.
2023 Wisconsin Statutes & Annotations › Chapter 809 - Rules of appellate procedure. › 809.108 - Appeals in proceedings related to political subdivision approvals.

809.108
Appeals in proceedings related to political subdivision approvals.
(1)
Applicability. This section applies to the appeal of a judgment or order under s. 781.10 (2) (d) 5. and supersedes all inconsistent provisions of this chapter.
(2)
Initiating an appeal. A party may initiate an appeal under this section by filing a notice of appeal with the clerk of the circuit court in which the judgment or order appealed from was entered and shall specify in the notice of appeal the judgment or order appealed from.
(3)
Appeal procedure. Subsequent proceedings in an appeal under this section are governed by the procedures for civil appeals under this subchapter and the procedures under subch. VI, except as follows:
(a)
The appellant shall file a brief within 30 days after the filing of the record on appeal.
(b)
The respondent shall file a brief within 30 days after the service of the appellant's brief.
(c)
The appellant shall file within 15 days after the service of the respondent's brief a reply brief or statement that a reply brief will not be filed.
(4)
Decision. The court of appeals shall give preference to an appeal under this section and shall take the appeal in an order that ensures that the court of appeals issues a decision no later than 90 days after the deadline under sub. (3) (c).
History: 2023 a. 16.
2023 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.
2023 Wisconsin Statutes & Annotations › Chapter 809 - Rules of appellate procedure. › 809.13 - Rule (Intervention).

809.13
Rule (Intervention).
A person who is not a party to an appeal may file in the court of appeals a petition to intervene in the appeal. A party may file a response to the petition within 11 days after service of the petition. The court may grant the petition upon a showing that the petitioner's interest meets the requirements of s. 803.09 (1), (2), or (2m).
History:  Sup. Ct. Order, 83 Wis. 2d xiii (1978); 1981 c. 390 s. 252; Sup. Ct. Order No. 00-02, 2001 WI 39, 242 Wis. 2d xxvii; 2017 a. 369.
Judicial Council Committee's Note, 1978: Former s. 817.12 (6) permitted the addition of parties but did not set the criteria for doing so. This void is filled by making the intervention rule in the Rules of Civil Procedure applicable to proceedings in the Court of Appeals. [Re Order effective July 1, 1978]
Judicial Council Note, 2001: The 7-day time limit has been changed to 11 days. Please see the comment to s. 808.07 (6) concerning time limits. [Re Order No. 00-02 effective July 1, 2001]
A party who could have, but failed to, file a timely notice of appeal may not participate in the appeal as an intervenor or by filing a non-party brief. Weina v. Atlantic Mutual Insurance Co. 177 Wis. 2d 341, 501 N.W.2d 465 (Ct. App. 1993).
A non-party to a circuit court action may intervene in an appeal brought by another party, even after the time for filing a notice of appeal has passed. City of Madison v. WERC, 2000 WI 39, 234 Wis. 2d 550, 610 N.W.2d 94, 99-0500.