reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 711 - Digital property. › 711.07 - Disclosure of digital property held in trust.

711.07
Disclosure of digital property held in trust.
(1)
Disclosure of digital property held in trust; trustee is original user. Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee who is an original user of an account any digital property of the account that is held in trust, including a catalogue of electronic communications of the trustee and the content of electronic communications.
(2)
Disclosure of digital property other than content of electronic communications; trustee is not original user. Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose, to a trustee that is not an original user of an account, a catalogue of electronic communications sent or received by an original or successor user and stored, carried, or maintained by the custodian in an account of the trust and any digital property, other than the content of electronic communications, in which the trust has a right or interest, if the trustee gives the custodian all of the following:
(a)
A written request for disclosure in physical or electronic form.
(b)
A certification of the trust under s. 701.1013.
(c)
A certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust.
(d)
If requested by the custodian, any of the following:
1.
A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust's account.
2.
Evidence linking the account to the trust.
(3)
Disclosure of contents of electronic communications held in trust; trustee is not original user. Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received, or stored by the custodian in the trust's account, in which the trust has a right or interest, if the trustee gives the custodian all of the following:
(a)
The items described in sub. (2) (a), (c), and (d).
(b)
A certification of the trust under s. 701.1013 that includes an original or successor user's consent to disclosure of the content of electronic communications to the trustee.
History:  2015 a. 300.
2023 Wisconsin Statutes & Annotations › Chapter 711 - Digital property. › 711.08 - Disclosure of digital property; conservator or guardian of protected person.

711.08
Disclosure of digital property; conservator or guardian of protected person.
(1)
After an opportunity for a hearing under s. 54.10, the court may grant a guardian access to the digital property of a protected person.
(2)
After an opportunity for a hearing under s. 54.76, the court may grant a conservator access to the digital property of a protected person.
(3)
Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a guardian or custodian the catalogue of electronic communications sent or received by a protected person and any digital property, other than the content of electronic communications, in which the protected person has a right or interest if the guardian or conservator gives the custodian all of the following:
(a)
A written request for disclosure in physical or electronic form.
(b)
A certified copy of the court order that gives the guardian or conservator authority over the protected person's digital property.
(c)
If requested by the custodian, any of the following:
1.
A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the account of the protected person.
2.
Evidence linking the account to the protected person.
(4)
A guardian or conservator with general authority to manage a protected person's assets may request a custodian of the protected person's digital property to suspend or terminate an account of the protected person for good cause. A request made under this subsection shall be accompanied by a certified copy of the court order granting the guardian or conservator general authority to manage the protected person's assets.
History:  2015 a. 300.
2023 Wisconsin Statutes & Annotations › Chapter 711 - Digital property. › 711.09 - Choice of methods for disclosing digital property; custodian.

711.09
Choice of methods for disclosing digital property; custodian.
(1)
When disclosing digital property of a user under this chapter, the custodian may in its sole discretion provide a fiduciary or designated recipient with any of the following:
(a)
Full access to the user's account.
(b)
Partial access to the user's account that is sufficient to perform the tasks with which the fiduciary or designated recipient is charged.
(c)
A copy in a record of any digital property that the user could have accessed if the user were alive, had full capacity, and had full access to the account on the date on which the custodian received the request for disclosure.
(2)
A custodian may assess a reasonable administrative charge to a fiduciary or designated recipient for the cost of disclosing digital property under this chapter.
(3)
A custodian is not required to disclose under this chapter digital property deleted by the user.
(4)
If a user directs or a fiduciary or designated recipient requests a custodian to disclose under this chapter some, but not all, of the user's digital property, the custodian is not required to disclose the digital property if segregation of the digital property would impose an undue burden on the custodian. If the custodian refuses to disclose digital property because the custodian believes the segregation of the digital property imposes an undue burden, the custodian or fiduciary may seek an order from the court to disclose any of the following:
(a)
To the fiduciary or designated recipient, a subset of the user's digital property that is limited by date.
(b)
To the fiduciary or designated recipient, all of the user's digital property.
(c)
None of the user's digital property.
(d)
To the court for review in camera, all of the user's digital property.
History:  2015 a. 300.
2023 Wisconsin Statutes & Annotations › Chapter 711 - Digital property. › 711.10 - Custodian compliance and immunity.

711.10
Custodian compliance and immunity.
(1)
Not later than 60 days after receipt of the information required under ss. 711.05 to 711.08 or 711.12 (7) or an online tool, a custodian shall comply with a request under this chapter from a fiduciary or designated recipient to disclose digital property or terminate an account. If the custodian fails to comply, the fiduciary or designated recipient may apply to the court for an order directing the custodian to comply with the request.
(2)
A court shall include in an order directing a custodian to comply with a request made under this chapter a finding that compliance with the request does not violate 18 USC 2702.
(3)
A custodian may notify the user that a request for disclosure of digital property or to terminate an account was made under this chapter.
(4)
A custodian may deny a request under this chapter from a fiduciary or designated recipient for disclosure of digital property or to terminate an account if the custodian is aware of any lawful access to the account after the receipt of the fiduciary's request.
(5)
This chapter does not limit a custodian's ability to obtain or to require a fiduciary or designated recipient requesting disclosure or termination under this chapter to obtain a court order that does all of the following:
(a)
Specifies that an account belongs to the protected person or principal.
(b)
Specifies that there is sufficient consent from the protected person or principal to support the requested disclosure.
(c)
Contains any findings required by law other than this chapter.
(6)
A custodian and its officers, employees, and agents are immune from liability for an act or omission done in good faith in compliance with this chapter.
History:  2015 a. 300.
2023 Wisconsin Statutes & Annotations › Chapter 711 - Digital property. › 711.11 - Terms of service agreement.

711.11
Terms of service agreement.
(1)
This chapter does not change or impair the rights of a custodian or a user under a terms of service agreement to access and use digital property of the user.
(2)
This chapter does not give a fiduciary or designated recipient rights other than the rights held by the user for whom, or for whose estate, the fiduciary or designated recipient acts or represents.
(3)
A fiduciary's or designated recipient's access to digital property may be modified or eliminated by any of the following:
(a)
The user.
(b)
Federal law.
(c)
A terms of service agreement if the user has not provided direction under s. 711.04.
History:  2015 a. 300.
2023 Wisconsin Statutes & Annotations › Chapter 711 - Digital property. › 711.15 - Relation to Electronic Signatures in Global and National Commerce Act.

711.15
Relation to Electronic Signatures in Global and National Commerce Act.
This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 USC 7001 et seq., but does not modify, limit, or supersede section 101 (c) of that act, 15 USC 7001 (c), or authorize electronic delivery of any of the notices described in section 103 (b) of that act, 15 USC 7003 (b).
History:  2015 a. 300.
2023 Wisconsin Statutes & Annotations › Chapter 711 - Digital property. › 711.16 - Applicability.

711.16
Applicability.
(1)
This chapter applies to all of the following:
(a)
A fiduciary acting under a will or power of attorney executed before, on, or after April 1, 2016.
(b)
A personal representative acting for a decedent who died before, on, or after April 1, 2016.
(c)
A guardianship or conservatorship proceeding, whether pending in a court or commenced before, on, or after April 1, 2016.
(d)
A trustee acting under a trust created before, on, or after April 1, 2016.
(2)
This chapter applies to a custodian only if the user resides in this state or resided in this state at the time of the user's death.
(3)
This chapter does not apply to digital property of an employer used by an employee in the ordinary course of the employer's business.
History:  2015 a. 300.
2023 Wisconsin Statutes & Annotations › Chapter 750 - Court of impeachment. › 750.01 - Administration of oaths.

750.01
Administration of oaths.
The president and chief clerk of the senate are respectively authorized to administer to any member or officer of the senate any oath or affirmation as a member or officer of the court for the trial of impeachments, and to administer any oath or affirmation to any other person in any proceeding before such court.
History:  1977 c. 187 s. 72; Stats. 1977 s. 750.01.
2023 Wisconsin Statutes & Annotations › Chapter 750 - Court of impeachment. › 750.02 - Process and rules.

750.02
Process and rules.
The court for the trial of impeachments is authorized to issue, and enforce obedience to, any summons, subpoena or other process necessary to the exercise of its powers and authority; to provide in what form the same shall be issued, by whom and in what manner it shall be signed and attested, by whom it shall be executed and in what form return thereof shall be made; and make such further provisions and rules as may be necessary or convenient for the discharge of its functions or duties.
History:  1977 c. 187 s. 72; Stats. 1977 s. 750.02.
2023 Wisconsin Statutes & Annotations › Chapter 751 - Supreme court. › 751.02 - Employees.

751.02
Employees.
The supreme court may authorize the employees it considers necessary for the execution of the functions of the supreme court and the court of appeals and the court reporting functions of the circuit courts and may designate titles, prescribe duties and fix compensation. Compensation and benefits of employees should be consistent with that paid to state employees in the classified service for services involving similar work and responsibility. Each justice and court of appeals judge may appoint and prescribe the duties of a judicial assistant and a law clerk to assist the justice or judge in the performance of his or her duties. Each circuit judge may appoint a court reporter to serve primarily in the court or branch of court to which he or she was elected or appointed if the court reporter is certified as qualified by the director of state courts. The chief judge or district court administrator may assign that court reporter to other courts to assure adequate coverage of all reported proceedings. A person appointed by the supreme court or a justice or court of appeals judge or a circuit judge serves at the pleasure of the court or the justice or judge.
History:  1977 c. 187; 1981 c. 353; Sup. Ct. Order No. 19-01, 2019 WI 44, 386 Wis. 2d xvii.
2023 Wisconsin Statutes & Annotations › Chapter 751 - Supreme court. › 751.025 - Temporary use of court reporters.

751.025
Temporary use of court reporters.
The chief judge or district court administrator for the judicial district shall attempt to locate and use a court reporter from another branch of court before hiring a private court reporter.
History:  1995 a. 27; Sup. Ct. Order No. 19-01, 2019 WI 44, 386 Wis. 2d xvii.
2023 Wisconsin Statutes & Annotations › Chapter 751 - Supreme court. › 751.035 - Assignment to a judicial panel; appeals.

751.035
Assignment to a judicial panel; appeals.
(1)
Upon receiving notice under s. 801.50 (4m), the supreme court shall appoint a panel consisting of 3 circuit court judges to hear the matter. The supreme court shall choose one judge from each of 3 circuits and shall assign one of the circuits as the venue for all hearings and filings in the matter.
(2)
Notwithstanding s. 801.58, no party may move for substitution of any circuit court judge assigned under this section.
(3)
An appeal from any order or decision issued by the panel assigned pursuant to sub. (1) may be heard by the supreme court and may not be heard by a court of appeals for any district.
History:  2011 a. 39.
2023 Wisconsin Statutes & Annotations › Chapter 751 - Supreme court. › 751.04 - Seal.

751.04
Seal.
The supreme court shall have a seal and may direct and from time to time alter the inscription and devices thereon; and the department of administration shall procure such seal as may be ordered. The seal of the court now in use shall be the seal thereof until another is provided hereunder.
History:  1977 c. 187 s. 86; Stats. 1977 s. 751.04.
2023 Wisconsin Statutes & Annotations › Chapter 751 - Supreme court. › 751.07 - Writs.

751.07
Writs.
In addition to the writs under article VII, section 3, of the constitution the supreme court may issue all writs necessary to enforce the administration of justice. One or more justices may issue writs in accordance with court rules or internal procedures.
History:  1977 c. 187 s. 76; Stats. 1977 s. 751.07; 1983 a. 192.
2023 Wisconsin Statutes & Annotations › Chapter 751 - Supreme court. › 751.09 - Referral of issues of fact and damages.

751.09
Referral of issues of fact and damages.
In actions where the supreme court has taken original jurisdiction, the court may refer issues of fact or damages to a circuit court or referee for determination.
History:  1977 c. 187 s. 78; Stats. 1977 s. 751.09.
2023 Wisconsin Statutes & Annotations › Chapter 751 - Supreme court. › 751.10 - Decisions to be written; part of record; certification.

751.10
Decisions to be written; part of record; certification.
The supreme court shall decide all cases in writing. One copy of each written decision or opinion delivered by the court or a justice in an action or proceeding in the court shall remain in the office of the clerk of the supreme court and one copy shall constitute a part of the record in the action or proceeding and shall be certified to a court of the United States to which the action or proceeding or record is certified or removed.
History:  1977 c. 187 s. 79; Stats. 1977 s. 751.10; 1985 a. 29.
2023 Wisconsin Statutes & Annotations › Chapter 751 - Supreme court. › 751.11 - Wisconsin reports; distribution.

751.11
Wisconsin reports; distribution.
(1)
The supreme court may make such provisions for publication of its opinions as it deems appropriate.
(2)
The supreme court shall purchase sufficient copies of its reports to meet the requirements for distribution under ss. 16.79 (1), 35.84 and 35.85. The court shall reimburse the department of administration for all costs associated with the distribution of its reports, including, but not limited to, printing, mailing, handling, shipping and storage costs.
(3)
The supreme court shall provide copies of its reports for any new judgeship of a court of record.
History:  1975 c. 39; 1977 c. 187 s. 80; Stats. 1977 s. 751.11; 1979 c. 34; 1985 a. 29, 332.
A supreme court order reversing the court of appeals can establish the law of the case even if the supreme court states no reasons for the decision. Although this section requires decisions to be in writing, nothing in the rule mandates giving reasons. State v. Stuart, 2003 WI 73, 262 Wis. 2d 620, 664 N.W.2d 82, 01-1345.
2023 Wisconsin Statutes & Annotations › Chapter 751 - Supreme court. › 751.12 - Rules of pleading and practice.

751.12
Rules of pleading and practice.
(1)
The state supreme court shall, by rules promulgated by it from time to time, regulate pleading, practice, and procedure in judicial proceedings in all courts, for the purposes of simplifying the same and of promoting the speedy determination of litigation upon its merits. The rules shall not abridge, enlarge, or modify the substantive rights of any litigant. The effective dates for all rules adopted by the court shall be January 1 or July 1. A rule shall not become effective until 60 days after its adoption. All rules promulgated under this section shall be printed by the state printer and paid for out of the state treasury, and the court shall direct the rules to be distributed as it considers proper.
(2)
All statutes relating to pleading, practice, and procedure may be modified or suspended by rules promulgated under this section. No rule modifying or suspending statutes relating to pleading, practice, and procedure may be adopted until the court has held a public hearing with reference to the rule.
(3)
Notice of public hearings shall be given by publication of a class 3 notice, under ch. 985, the expense of the publication to be paid out of the state treasury. Notice shall also be given in an official publication of the State Bar of Wisconsin. The notice to be published not more than 60 days nor less than 30 days before the date of hearing shall include, at a minimum, the time, date, and location of the hearing and a summary of the proposed rules, including changes, if any, in existing rules, that are the subject of the hearing. The State Bar of Wisconsin shall not charge the state treasury for publication of this notice. The full text of the proposed rules, including changes, if any, in existing rules, shall be placed on the Internet site maintained by the director of state courts for the supreme court.
(4)
This section shall not abridge the right of the legislature to enact, modify, or repeal statutes or rules relating to pleading, practice, or procedure.
(5)
The judicial council shall act in an advisory capacity to assist the court in performing its duties under this section.
History:  1977 c. 187 s. 82; Stats. 1977 s. 751.12; 2001 a. 103; 2015 a. 69.
Separation of constitutional powers and shared legislative and judicial functions relating to pleading and procedure are discussed. In Matter of E.B., 111 Wis. 2d 175, 330 N.W.2d 584 (1983).
The establishment of an effective date does not determine whether a statute will apply retroactively. Salzman v. DNR, 168 Wis. 2d 523, 484 N.W.2d 337 (Ct. App. 1992).
A rule adopted by this court in accordance with this section is numbered as a statute, is printed in the Wisconsin Statutes, may be amended by both the court and the legislature, has been described by this court as a statute promulgated under the court's rule-making authority, and has the force of law. Rao v. WMA Securities, Inc., 2008 WI 73, 310 Wis. 2d 623, 752 N.W.2d 220, 06-0813
2023 Wisconsin Statutes & Annotations › Chapter 751 - Supreme court. › 751.15 - Rules regarding the practice of law; delinquent support obligors.

751.15
Rules regarding the practice of law; delinquent support obligors.
(1)
The supreme court is requested to enter into a memorandum of understanding with the department of children and families under s. 49.857.
(2)
The supreme court is requested to promulgate rules that require each person who has a social security number, as a condition of membership in the state bar, to provide the board of bar examiners with his or her social security number, that require each person who does not have a social security number, as a condition of membership in the state bar, to provide the board of bar examiners with a statement made or subscribed under oath or affirmation on a form prescribed by the department of children and families that the person does not have a social security number, and that prohibit the disclosure of that number to any person except the department of children and families for the purpose of administering s. 49.22.
(3)
The supreme court is requested to promulgate rules that deny, suspend, restrict or refuse to renew a license to practice law if the applicant or licensee fails to provide the information required under rules promulgated under sub. (2) or fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of children and families or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings or if the department of children and families certifies that the applicant or licensee has failed to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse. The supreme court is also requested to promulgate rules that invalidate a license to practice law if issued in reliance upon a statement made or subscribed under oath or affirmation under rules promulgated under sub. (2) that is false.
History:  1997 a. 191; 1999 a. 9, 32; 2007 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 751 - Supreme court. › 751.153 - Rules regarding the practice of law; waiver of fee for veterans.

751.153
Rules regarding the practice of law; waiver of fee for veterans.
The supreme court is requested to promulgate a rule that waives, for an individual who is eligible for the veterans fee waiver program under s. 45.44, the initial fee for admission to the state bar or for a license to practice law.
History:  2011 a. 209.
2023 Wisconsin Statutes & Annotations › Chapter 751 - Supreme court. › 751.155 - Rules regarding the practice of law; delinquent taxes and unemployment insurance contributions.

751.155
Rules regarding the practice of law; delinquent taxes and unemployment insurance contributions.
(1)
The supreme court is requested to enter into a memorandum of understanding with the department of revenue under s. 73.0301, and the supreme court is requested to enter into a memorandum of understanding with the department of workforce development under s. 108.227.
(2)
The supreme court is requested to promulgate rules that require each person, as a condition of membership in the state bar, to provide the board of bar examiners with his or her social security number and that prohibit the disclosure of that number to any person except the department of revenue for the sole purpose of making certifications under s. 73.0301 and the department of workforce development for the sole purpose of making certifications under s. 108.227.
(3)
The supreme court is requested to promulgate rules that deny an application for a license to practice law or revoke a license to practice law already issued if the applicant or licensee fails to provide the information required under rules promulgated under sub. (2), if the department of revenue certifies that the applicant or licensee is liable for delinquent taxes under s. 73.0301, or if the department of workforce development certifies that the licensee is liable for delinquent unemployment insurance contributions under s. 108.227.
History:  1997 a. 237; 1999 a. 32 s. 336; 2013 a. 36.
2023 Wisconsin Statutes & Annotations › Chapter 751 - Supreme court. › 751.20 - Transfer authority.

751.20
Transfer authority.
Notwithstanding s. 20.680 (2) (a) to (L), the supreme court may transfer money from the appropriations under s. 20.680 (2) (a) to (L) to the appropriation under s. 20.670 (1) (k) for the purposes of the judicial council under s. 758.13.
History:  2011 a. 32; 2017 a. 366.
2023 Wisconsin Statutes & Annotations › Chapter 752 - Court of appeals. › 752.01 - Jurisdiction.

752.01
Jurisdiction.
(1)
The court of appeals has appellate jurisdiction as provided by law.
(2)
The court of appeals has original jurisdiction only to issue prerogative writs.
(3)
The court of appeals may issue all writs necessary in aid of its jurisdiction.
History:  1977 c. 187.
The court of appeals does not have jurisdiction to entertain an original action unrelated to its supervisory or appellate authority over circuit courts. State ex rel. Swan v. Elections Board, 133 Wis. 2d 87, 394 N.W.2d 732 (1986).
Jurisdiction of the Wisconsin Court of Appeals. Hazeltine. 69 MLR 545 (1986).
A Shift in the Bottleneck: The Appellate Caseload Problem Twenty Years After the Creation of The Wisconsin Court of Appeals. Gabrys. 1998 WLR 1547.
Wisconsin Court of Appeals: 1983 internal operating procedures. WBB Nov. 1983.
2023 Wisconsin Statutes & Annotations › Chapter 752 - Court of appeals. › 752.02 - Supervisory authority.

752.02
Supervisory authority.
The court of appeals has supervisory authority over all actions and proceedings in all courts except the supreme court.
History:  1977 c. 187.
The court of appeals is authorized to exercise its supervisory authority over a chief judge who is ruling on a substitution request. State ex rel. James L.J. v. Circuit Court, 200 Wis. 2d 496, 546 N.W.2d 460 (1996), 94-2043.
2023 Wisconsin Statutes & Annotations › Chapter 752 - Court of appeals. › 752.03 - Number of judges.

752.03
Number of judges.
There shall be 16 court of appeals judges. Three judges shall be elected from the district specified in s. 752.17, 4 judges shall be elected from each of the 2 districts specified in ss. 752.13 and 752.15 and 5 judges shall be elected from the district specified in s. 752.19.
History:  1977 c. 187; 1985 a. 29; 1989 a. 63; 1991 a. 32, 71; 1993 a. 16; 2007 a. 97.
2023 Wisconsin Statutes & Annotations › Chapter 752 - Court of appeals. › 752.04 - Elections.

752.04
Elections.
Court of appeals judges shall be elected by district on an at-large basis for terms of 6 years. Terms shall commence on August 1 next succeeding each election and shall terminate on July 31. A court of appeals judge shall reside within the district in which he or she is elected. Only one court of appeals judge may be elected in a district in any year.
History:  1977 c. 187.
2023 Wisconsin Statutes & Annotations › Chapter 752 - Court of appeals. › 752.11 - Districts.

752.11
Districts.
(1)
The court of appeals is divided into districts as follows:
(a)
District I consists of the judicial circuit for Milwaukee County.
(b)
District II consists of the judicial circuits for Kenosha, Racine, Walworth, Waukesha, Washington, Ozaukee, Sheboygan, Manitowoc, Fond du Lac, Green Lake, Winnebago and Calumet counties.
(c)
District III consists of the judicial circuits for Door, Kewaunee, Brown, Oconto, Marinette, Forest and Florence (a combined 2-county circuit), Outagamie, Menominee and Shawano (a combined 2-county circuit), Langlade, Marathon, Lincoln, Oneida, Vilas, Taylor, Price, Iron, Ashland, Bayfield, Sawyer, Rusk, Chippewa, Eau Claire, Trempealeau, Buffalo and Pepin (a combined 2-county circuit), Dunn, Pierce, St. Croix, Barron, Polk, Burnett, Washburn and Douglas counties.
(d)
District IV consists of the judicial circuits for Rock, Green, Jefferson, Dodge, Dane, Lafayette, Iowa, Grant, Richland, Crawford, Sauk, Columbia, Marquette, Waushara, Waupaca, Portage, Wood, Adams, Juneau, Jackson, Clark, Monroe, Vernon and La Crosse counties.
(2)
The court shall hear cases in any city where it has chambers or where it is specifically required to sit and such other locations as the supreme court may designate by rule for the convenience of litigants.
History:  1977 c. 187, 449.
2023 Wisconsin Statutes & Annotations › Chapter 752 - Court of appeals. › 752.21 - Venue.

752.21
Venue.
(1)
Except as provided in sub. (2), a judgment or order appealed to the court of appeals shall be heard in the court of appeals district which contains the court from which the judgment or order is appealed.
(2)
A judgment or order appealed from an action venued in a county designated by the plaintiff to the action as provided under s. 801.50 (3) (a) shall be heard in a court of appeals district selected by the appellant but the court of appeals district may not be the court of appeals district that contains the court from which the judgment or order is appealed.
History:  1977 c. 187; 2011 a. 61.
A plaintiff designates the county for circuit court venue within the meaning of s. 801.50 (3) (a) when the plaintiff specifies venue. For purposes of sub. (2), even when s. 227.53 (1) (a) 3. eliminates any opportunity to choose a county, the plaintiff still designates venue within the meaning of s. 801.50 (3) (a). State ex rel. DNR v. Wisconsin Court of Appeals, 2018 WI 25, 380 Wis. 2d 354, 909 N.W.2d 114, 16-1980.
In this case, the lawsuit clearly related to the validity or invalidity of a rule or guidance document within the meaning of s. 801.50 (3) (b). It was likewise clear that the lawsuit remained within the confines of s. 801.50 (3) (b) even though the plaintiff sought injunctive relief in addition to declaratory relief. Because the claim for injunctive relief was completely dependent upon a favorable decision on the claim for declaratory relief, the action was quintessentially one for declaratory relief. Thus, venue was not also proper under s. 801.50 (3) (a) and did not trigger the appellate venue-shifting provision of sub. (2). State ex rel. Kormanik v. Brash, 2022 WI 67, 404 Wis. 2d 568, 980 N.W.2d 948, 22-1736.
2023 Wisconsin Statutes & Annotations › Chapter 752 - Court of appeals. › 752.41 - Decisions.

752.41
Decisions.
(1)
In each case, the court of appeals shall provide a written opinion containing a written summary of the reasons for the decision made by the court.
(2)
Officially published opinions of the court of appeals shall have statewide precedential effect.
(3)
The supreme court shall determine by rule the manner in which the court of appeals determines which of its decisions shall be published.
History:  1977 c. 187.
Only the supreme court has the power to overrule, modify, or withdraw language from a published opinion of the court of appeals. Cook v. Cook, 208 Wis. 2d 166, 560 N.W.2d 246 (1997), 95-1963.
The Noncitation Rule and the Concept of Stare Decisis. Walther. 61 MLR 581 (1978).
2023 Wisconsin Statutes & Annotations › Chapter 753 - Circuit courts. › 753.01 - Term of office.

753.01
Term of office.
The term of office of every elected circuit judge is 6 years and until the successor is elected and qualified, commencing with the August 1 next succeeding the election.
History:  1975 c. 61, 178, 199, 422; 1977 c. 187 s. 92; Stats. 1977 s. 753.01; 1983 a. 538.
The legislature cannot, after a judge has been elected to a new branch, advance the starting date and the end of the judge's term. 58 Atty. Gen. 97.
2023 Wisconsin Statutes & Annotations › Chapter 753 - Circuit courts. › 753.016 - Judicial circuit for Milwaukee County.

753.016
Judicial circuit for Milwaukee County.
(1)
This section applies only in the judicial circuit for Milwaukee County.
(2)
Court room; offices. The county board shall provide suitable court rooms and offices, the sheriff shall provide the necessary deputy sheriffs as attending officers under s. 59.27 (3) and the clerk of the circuit court shall provide a sufficient number of deputy clerks for all the judges and branches of the court.
(3)
Department of family conciliation.
(a)
There is created a department of family conciliation under the direction and supervision of a director of family conciliation. The director shall:
1.
Receive all marital complaints and make a proper disposition thereof;
2.
Make investigations of the facts upon which to base warrants in the cases hereinbefore specified and in all other matters duly referred to said department;
3.
Exercise such supervision in connection with the exercise by said court of its jurisdiction as the judges thereof may duly order.
(b)
All persons in this department shall keep such records as may be provided by law. The court may by order close the files of matters before the court if the court determines that publication of the matters is contrary to public policy. The court may make such other orders as may be in the interest of children in such matters and the public morals.
(c)
The department shall have such investigators as are authorized by the county board of supervisors of the county. The investigators shall be appointed by the county department under s. 46.215.
(e)
The county board of supervisors of the county shall provide for such assistants, stenographic and otherwise, as needed to assist the director of family conciliation in carrying out the purpose of subs. (3) to (5) particularly in regard to the proper disposal of marital complaints. The director and all other persons in the department shall be appointed by the county department under s. 46.215, except in cases otherwise expressly provided for.
(f)
All public officers in said county shall refer all domestic complaints made to them to said director of the department of domestic conciliation who shall dispose of all matters before it in proper manner.
(4)
Equipment. The board of supervisors of said county shall furnish said courts and said department of family conciliation, the judges, officers and employees thereof with suitable accommodations, adequately centralized and consolidated, and with the necessary furniture and supplies and make provision for its necessary expenses and operation.
(5)
Civil service. The board of supervisors and county civil service commission shall make suitable reclassifications in positions in said county to accomplish the purpose of subs. (3) to (5).
History:  1975 c. 39, 199; 1977 c. 187 ss. 92, 135; 1977 c. 449; Stats. 1977 s. 753.016; 1979 c. 110 s. 60 (13); 1981 c. 96, 353; 1985 a. 176; 1995 a. 201.
2023 Wisconsin Statutes & Annotations › Chapter 753 - Circuit courts. › 753.03 - Jurisdiction of circuit courts.

753.03
Jurisdiction of circuit courts.
The circuit courts have the general jurisdiction prescribed for them by article VII of the constitution and have power to issue all writs, process and commissions provided in article VII of the constitution or by the statutes, or which may be necessary to the due execution of the powers vested in them. The circuit courts have power to hear and determine, within their respective circuits, all civil and criminal actions and proceedings unless exclusive jurisdiction is given to some other court; and they have all the powers, according to the usages of courts of law and equity, necessary to the full and complete jurisdiction of the causes and parties and the full and complete administration of justice, and to carry into effect their judgments, orders and other determinations, subject to review by the court of appeals or the supreme court as provided by law. The courts and the judges thereof have power to award all such writs, process and commissions, throughout the state, returnable in the proper county.
History:  1977 c. 187 s. 92; Stats. 1977 s. 753.03; 1983 a. 192.
The circuit courts are constitutional courts with plenary jurisdiction. They do not depend solely upon statute for their powers. However in certain cases with vast social ramifications not addressed by statute, prudence requires the courts to refuse to exercise their jurisdiction. As such, circuit courts are prohibited from exercising jurisdiction regarding sterilization of incompetents. In Matter of Guardianship of Eberhardy, 102 Wis. 2d 539, 307 N.W.2d 881 (1981).
Because courts have exclusive criminal jurisdiction, criminal charges against a defendant were not collaterally estopped even though a parole revocation hearing examiner concluded that the defendant's acts did not merit parole revocation. State v. Spanbauer, 108 Wis. 2d 548, 322 N.W.2d 511 (Ct. App. 1982).
2023 Wisconsin Statutes & Annotations › Chapter 753 - Circuit courts. › 753.04 - Writs, how issued; certiorari.

753.04
Writs, how issued; certiorari.
All writs issued from the circuit court shall be in the name of the state of Wisconsin, shall bear date the day they are issued, be attested in the name of the judge of the circuit in which issued, and if there is no such judge, then in the name of the chief judge of the court of appeals or the chief justice of the supreme court, be returnable on a date certain which is not more than 60 days from the date of issuance, unless otherwise directed by law, by the judge or by rule of court, be signed by the clerk, sealed with the seal of the court and directed to some officer or person authorized to serve or execute the writs. All writs of certiorari issued to review any action taken by a county board, town board, common council of any city or board of trustees of any village, or any record lawfully in the custody of a county clerk, town clerk, city clerk or village clerk may be addressed to and served upon the proper county clerk, town clerk, city clerk or village clerk, respectively, who shall make return thereto.
History:  1977 c. 187 s. 92; 1977 c. 449; Stats. 1977 s. 753.04.
A certiorari action exists only to test the validity of judicial or quasi-judicial determinations. It does not allow for answers, denials, or defenses by the respondent. Merkel v. Village of Germantown, 218 Wis. 2d 572, 581 N.W.2d 552 (Ct. App. 1998), 97-3347.
2023 Wisconsin Statutes & Annotations › Chapter 753 - Circuit courts. › 753.05 - Seals.

753.05
Seals.
The circuit courts in the several counties shall have seals, and they may direct and from time to time alter the inscriptions and devices thereon; and the respective county boards shall furnish such seals as shall be ordered; and when any such court shall be unprovided with a seal the judge may authorize the use of any temporary seal or of any device by way of seal until a seal shall be so provided. The seals now in use by said courts shall continue to be the seals thereof until others shall be provided according to law.
History:  1977 c. 187 s. 92; Stats. 1977 s. 753.05.
2023 Wisconsin Statutes & Annotations › Chapter 753 - Circuit courts. › 753.0605 - Additional circuit court branches.

753.0605
Additional circuit court branches.
Notwithstanding s. 753.06, the director of state courts may add additional circuit court branches as follows:
(1)
By November 14, 2020, the director of state courts may add 4 additional circuit court branches, to begin operation on August 1, 2021. The director of state courts may allocate each branch to any county that the director of state courts determines is in need of an additional circuit court branch if the county has passed a resolution requesting an additional circuit court branch and the county has established, or will have established by May 31, 2021, the appropriate infrastructure to support an additional circuit court branch. The director of state courts may require any county, as a condition for receiving a circuit court branch allocation under this subsection, to have established or to apply for a grant under s. 165.95 or 165.955 to establish a drug court.
(2)
After November 14, 2020, and before November 14, 2021, the director of state courts may add 4 additional circuit court branches, to begin operation on August 1, 2022. The director of state courts may allocate each branch to any county that the director of state courts determines is in need of an additional circuit court branch if the county has passed a resolution requesting an additional circuit court branch and the county has established, or will have established by May 31, 2022, the appropriate infrastructure to support an additional circuit court branch. The director of state courts may require any county, as a condition for receiving a circuit court branch allocation under this subsection, to have established or to apply for a grant under s. 165.95 or 165.955 to establish a drug court.
(3)
After November 14, 2021, and before November 14, 2022, the director of state courts may add 4 additional circuit court branches, to begin operation on August 1, 2023. The director of state courts may allocate each branch to any county that the director of state courts determines is in need of an additional circuit court branch if the county has passed a resolution requesting an additional circuit court branch and the county has established, or will have established by May 31, 2023, the appropriate infrastructure to support an additional circuit court branch. The director of state courts may require any county, as a condition for receiving a circuit court branch allocation under this subsection, to have established or to apply for a grant under s. 165.95 or 165.955 to establish a drug court.
History: 2019 a. 184.
2023 Wisconsin Statutes & Annotations › Chapter 753 - Circuit courts. › 753.061 - Court; branch; judge.

753.061
Court; branch; judge.
(1)
In each judicial circuit, each judgeship shall be given a branch number. Each branch constitutes a circuit court with all the powers and jurisdiction possessed by circuit courts in circuits having one judge only, and may be designated in all papers and proceedings either by its respective number or by the name of its presiding judge.
(2)
The chief judge of the 1st judicial administrative district shall designate 2 circuit court branches that will primarily handle cases that involve a violation of ch. 961 involving a controlled substance included in schedule I or II under ch. 961 or a controlled substance analog of a controlled substance included in schedule I or II under ch. 961.
(2m)
The chief judge of the 1st judicial administrative district is authorized to designate 4 circuit court branches to primarily handle violent crime cases that involve a violation of s. 939.63, if a felony is committed while armed, and of ss. 940.01 to 940.03, 940.05, 940.06, 940.225, 943.231 (1), and 943.32 (2). If the circuit court branches are designated under this subsection, 2 shall begin to primarily handle violent crime cases on September 1, 1991, and 2 shall begin to primarily handle violent crime cases on August 1, 1992.
History:  1977 c. 449; 1979 c. 175; 1989 a. 121, 122; 1991 a. 39; 1993 a. 92; 1995 a. 27, 448; 2001 a. 109; 2003 a. 33; 2015 a. 55; 2023 a. 10.
Each court branch is endowed under sub. (1) with the full powers of a circuit court and has the same powers as every other branch. Drow v. Schwarz, 225 Wis. 2d 362, 592 N.W.2d 623 (1999), 97-1867.
2023 Wisconsin Statutes & Annotations › Chapter 753 - Circuit courts. › 753.065 - Naturalization proceedings, venue.

753.065
Naturalization proceedings, venue.
For the purposes of naturalization proceedings only, pursuant to federal statutes (8 USC 1421), the counties of this state shall be considered as one district. A resident of this state who petitions for naturalization may file the petition with the office of clerk of circuit court located in any of the following cities:
(1)
Superior.
(2)
Eau Claire.
(3)
La Crosse.
(4)
Wisconsin Rapids.
(5)
Green Bay.
(6)
Sheboygan.
(7)
Ashland.
(8)
Wausau.
(10)
Janesville.
(11)
Fond du Lac.
(12)
Madison.
(13)
Waukesha.
(14)
Kenosha.
(15)
Racine.
(16)
Elkhorn.
History:  1973 c. 12 s. 37; 1977 c. 187 s. 92; Stats. 1977 s. 753.065; 1981 c. 332.
2023 Wisconsin Statutes & Annotations › Chapter 753 - Circuit courts. › 753.073 - Expenses.

753.073
Expenses.
A circuit judge shall be reimbursed by the state for actual and necessary itemized expenses incurred in the discharge of judicial duty outside the county of residence, and in attending meetings of the judicial conference or the committees thereof, and as a judge designated to serve on the judicial administrative committee or the subcommittees thereof.
History:  1971 c. 254 s. 19; 1977 c. 187 ss. 92, 135; 1977 c. 273, 449; Sup. Ct. Order, 88 Wis. 2d xiii (1979).
2023 Wisconsin Statutes & Annotations › Chapter 753 - Circuit courts. › 753.077 - Preservation of judgments.

753.077
Preservation of judgments.
All judgments of county courts which were entered prior to August 1, 1978, are judgments of the circuit court for the county where the judgment was entered. No such judgment may have any other effect than the judgment had when it was originally entered.
History:  1977 c. 449.
2023 Wisconsin Statutes & Annotations › Chapter 753 - Circuit courts. › 753.10 - Attendance of officers, pay; opening court.

753.10
Attendance of officers, pay; opening court.
(3)
Unless otherwise directed by the presiding judge, no officer, other than the clerk, shall be paid for attending court or the judge if the court is not engaged in the trial of jury cases. Every officer attending court upon the order of the presiding judge shall have the same powers and authority as the sheriff, and shall be paid out of the county treasury, upon the certificate of the judge, compensation equal to that fixed by the county board. No such officer may be paid for any day when the court is not in session unless specially ordered by the presiding judge.
(4)
When the court is opened by proclamation it shall be in the following words:
Hear ye! hear ye! hear ye! the circuit court for the county of .... is now open. Silence is commanded.
History:  1977 c. 187 s. 92; 1977 c. 334; Stats. 1977 s. 753.10.
2023 Wisconsin Statutes & Annotations › Chapter 753 - Circuit courts. › 753.19 - Operating costs; circuit court.

753.19
Operating costs; circuit court.
The cost of operation of the circuit court for each county, except for the salaries of judges and court reporters provided to be paid by the state, and except for the cost assumed by the state under this chapter and chs. 40 and 230, and except as otherwise provided, shall be paid by the county.
History:  1973 c. 81; 1975 c. 126, 199; 1977 c. 187 ss. 92, 135; 1977 c. 449; Stats. 1977 s. 753.19; 1981 c. 96.
The county in which proceedings are brought must pay the fee of an appointed guardian ad litem. Romasko v. Milwaukee, 108 Wis. 2d 32, 321 N.W.2d 123 (1982).
Services of appointed counsel for non-indigent individuals in civil commitment hearings should be paid for by the county. State ex. rel. Chiarkas v. Skow, 160 Wis. 2d 123, 465 N.W.2d 625 (1991).
The state public defender, not the county, was obligated to pay the costs of a necessary expert witnesses hired by an appointed private attorney without prior approval as required by rule. Payment of Witness Fees in State v. Huisman, 167 Wis. 2d 168, 482 N.W.2d 665 (Ct. App. 1992).
2023 Wisconsin Statutes & Annotations › Chapter 753 - Circuit courts. › 753.22 - When court to be held.

753.22
When court to be held.
If a matter appointed to be heard at a specified time is not heard at the time appointed, it stands continued and may be heard at any time, unless the court orders otherwise.
History:  1977 c. 449.
Several factors are to be balanced in the discretionary decision whether to grant a continuance, including: (1) the length of the delay requested; (2) whether the lead counsel has associates prepared to act in his or her absence; (3) whether other continuances had been requested and received; (4) the convenience or inconvenience to the parties, witnesses, and the court; and (5) whether the delay seems to be for legitimate reasons. Rechsteiner v. Hazelden, 2008 WI 97, 313 Wis. 2d 542, 753 N.W.2d 496, 06-1521.