801.17 Annotation
The intent of this section is to make attorneys and self-represented parties responsible for electronic filings to the same extent they are responsible for paper filings. For that reason, the rule does not include a provision allowing attorneys to reveal their electronic signatures to office staff so the staff can apply the signature; the attorney must review each electronically filed document and apply his or her electronic signature personally. The courts and the Office of Lawyer Regulation have a range of sanctions and disciplinary measures that will serve as an adequate deterrent to any misuse of electronic signatures.
801.17 Annotation
This section does not require the submitting party to retain original paper documents bearing handwritten signatures. If there is likely to be a challenge to the validity of the signature, the submitting party may be well-advised to keep the original document.
801.17 Annotation
Sub. (13) provides electronic signatures for those court officials whose duties require them to sign documents in circuit court case files, including circuit court judges, clerks of circuit court, registers in probate, juvenile clerks, and circuit court commissioners appointed under s. 757.68 and
SCR 75.02 (1). Electronic signatures may also be provided for the chief justice and the director of state courts to use for assignment of judges pursuant to
SCR 70.23 and 70.24. A district court administrator may be the designee of a chief judge for purposes of judicial assignment.
801.17 Annotation
Under this section, court officials may allow an authorized staff member to apply the official's electronic signature at the official's specific direction. Appellate decisions have reasoned that counsel's personal signature is necessary to confer jurisdiction on the court, to assure that the pleadings are well-grounded in law and fact, and to prevent the unauthorized practice of law. No case has examined the signature requirements for court officials, and the reasoning behind previous decisions seems inapplicable. Each court official remains responsible for reviewing, revising and approving the document before the electronic signature is applied, and should be held accountable as if the document were signed personally. The electronic signature shall be applied in accordance with the provisions of
SCR 70.42.
801.17 Annotation
Sub. (14) provides that the electronic filing system shall protect those case types made confidential by statutes. Within an open case type, certain documents may be sealed by statute, such as presentence reports, financial disclosure forms, psychological evaluations, and certain health care records. This section places the burden on the submitting party to identify those documents as confidential. Confidential information may also be contained within an otherwise open document, such as a trade secret; the burden is on the filing party to move to seal those documents. As an added protection, the electronic filing system will mark confidential documents in a way that will be visible on the computer screen and when the documents are printed.
801.17 Annotation
Sub. (15) addresses technical failures of the court's electronic filing system or the user's electronic systems. Technical failures may include an error in the transmission of the document to the electronic filing system or to a served party, a failure to process the document upon receipt by the electronic filing system, or erroneous exclusion of a party from the service list by the electronic filing system.
801.17 Annotation
Correction of technical failures should generally be allowed in order to encourage the use of the electronic filing system. Correction should be automatic where the user can demonstrate that the problem was caused by the court's electronic filing system. The electronic filing system will generate a report if needed for a user to document the problem. Where the failure is caused by the user's electronic systems (such as electronic mail, word processing, or a database program) or by external forces (such as problems with the user's Internet service provider or power outages), the court has the discretion to correct the problem. The court should consider what consequences would follow a missed deadline for traditional filings, caused by forces such as malfunctioning equipment or traffic delays. The committee considered limiting the court's discretion to correct technical errors in the filing of initiating documents, where untimely filing is a jurisdictional issue, but decided against creating a bright-line rule because of occasional exceptions such as St. John's Home of Milwaukee v. Continental Casualty Co.,
147 Wis. 2d 764, 788-89 (Ct. App. 1988) and Granado v. Sentry Ins.,
228 Wis. 2d 794, 799 (Ct. App. 1999).
801.17 Annotation
Paperless Courts: E-Filing in Wisconsin Circuit Courts. Bousquet & Vandercook. Wis. Law. July 2008.
801.50
801.50
Venue in civil actions or special proceedings. 801.50(1)(1) A defect in venue shall not affect the validity of any order or judgment.
801.50(2)
(2) Except as otherwise provided by statute, venue in civil actions or special proceedings shall be as follows:
801.50(2)(b)
(b) In the county where the real or tangible personal property, or some part thereof, which is the subject of the claim, is situated;
801.50(2)(c)
(c) In the county where a defendant resides or does substantial business; or
801.50(2)(d)
(d) If the provisions under
par. (a) to
(c) do not apply, then venue shall be in any county designated by the plaintiff.
801.50(3)(a)(a) Except as provided in
pars. (b) and
(c), all actions in which the sole defendant is the state, any state board or commission, or any state officer, employee, or agent in an official capacity shall be venued in the county designated by the plaintiff unless another venue is specifically authorized by law.
801.50(3)(b)
(b) All actions relating to the validity or invalidly of a rule shall be venued as provided in
s. 227.40 (1).
801.50(3)(c)
(c) An action commenced by a prisoner, as defined under
s. 801.02 (7) (a) 2., in which the sole defendant is the state, any state board or commission, or any state officer, employee, or agent in an official capacity shall be venued in Dane County unless another venue is specifically authorized by law.
801.50(4)
(4) Venue of an action seeking a remedy available by habeas corpus shall be in the county:
801.50(4)(a)
(a) Where the plaintiff was convicted or sentenced if the action seeks relief from a judgment of conviction or sentence under which the plaintiff's liberty is restrained.
801.50(4)(b)
(b) Where the liberty of the plaintiff is restrained if the action seeks relief concerning any other matter relating to a restraint on the liberty of the plaintiff.
801.50(4m)
(4m) Venue of an action to challenge the apportionment of any congressional or state legislative district shall be as provided in
s. 751.035. Not more than 5 days after an action to challenge the apportionment of a congressional or state legislative district is filed, the clerk of courts for the county where the action is filed shall notify the clerk of the supreme court of the filing.
801.50(5)
(5) Venue of an action for certiorari to review a probation, extended supervision, or parole revocation, a denial by a program review committee under
s. 302.113 (9g) of a petition for modification of a bifurcated sentence, or a refusal of parole shall be the county in which the relator was last convicted of an offense for which the relator was on probation, extended supervision, or parole or for which the relator is currently incarcerated.
801.50(5c)
(5c) Venue of an action for certiorari brought by the department of corrections under
s. 302.113 (9) (d) or
302.114 (9) (d) to review a decision to not revoke extended supervision shall be in the county in which the person on extended supervision was convicted of the offense for which he or she is on extended supervision.
801.50(5p)
(5p) Venue of an environmental pollution action brought by a person who is not a resident of this state against a commission created under
s. 200.23 shall be in the county which contains the 1st class city that is located wholly or partially within the applicable district created under
s. 200.23.
801.50(5r)
(5r) Venue of an action under
s. 813.12 growing out of domestic abuse shall be in the county in which the cause of action arose, where the petitioner or the respondent resides or where the petitioner is temporarily living.
801.50(5s)
(5s) Venue of an action under
s. 813.122 or
813.125 shall be in the county in which the cause of action arose or where the petitioner or the respondent resides.
801.50(5t)
(5t) Except as otherwise provided in
ss. 801.52 and
971.223 (1) and
(2), venue in a civil action to impose a forfeiture upon a resident of this state for a violation of
chs. 5 to
12,
subch. III of ch. 13, or
subch. III of ch. 19, or for a violation of any other law arising from or in relation to the official functions of the subject of the investigation or any matter that involves elections, ethics, or lobbying regulation under
chs. 5 to
12,
subch. III of ch. 13, or
subch. III of ch. 19, shall be in circuit court for the county where the defendant resides. For purposes of this subsection, a person other than a natural person resides within a county if the person's principal place of operation is located within that county. This subsection does not affect which prosecutor has responsibility under
s. 978.05 (2) to prosecute civil actions arising from violations under
s. 971.223 (1).
801.50(5v)(b)
(b) The county in which a court order requiring the respondent to submit a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis was entered.
801.50(5v)(c)
(c) The county in which any court proceeding was held that resulted in a requirement that the respondent submit a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis.
801.50 History
History: 1983 a. 204,
228,
389,
538;
1985 a. 234,
291;
1987 a. 208;
1993 a. 318,
319;
1997 a. 283;
1999 a. 150 s.
672;
2001 a. 30 s.
108;
2001 a. 109;
2007 a. 1;
2009 a. 28,
42,
261;
2011 a. 21,
38,
39,
61.
801.50 Cross-reference
Cross-reference: See s.
813.02 (4) for exception to sub. (1) as to venue.
801.50 Note
Judicial Council Note, 1983: Sub. (1) is designed to separate questions of venue from questions of jurisdiction and competency. A defect in venue is not jurisdictional and does not affect the competence of the court. The cure for a defect in venue is to change the place of trial.
801.50 Note
Sub. (2) liberalizes the present venue statute by providing the plaintiff with a broader range of initial venue choices. This subsection also deletes many of the archaic distinctions in the former statute.
801.50 Note
The following list contains many, but not all, of the specialized venue provisions not found in chapter 801: s. 48.185 (children's code proceedings); s. 48.83 (adoption of minors); s. 51.45 (13) (n) (civil mental commitments); s. 767.65 (11) Revised (proceedings under the uniform reciprocal enforcement oF. Support act); s. 77.12 (forest croplands tax act); s. 111.60 (Wisconsin employment relations act); s. 144.73 (4) [now s. 291.95 (4)] (hazardous waste act); s. 185.44 (1) (cooperative contracts); s. 195.07 (railroad regulation act); s. 196.44 (3) (public utilities regulation act); s. 198.12 (2) (municipal power and water district act); s. 215.02 (5) (savings and loan association act); s. 227.16 (1) (administrative procedure act); s. 232.38 (solid waste recycling authority act); s. 234.22 (housing finance authority act); s. 345.31 (motor vehicle act); s. 421.401 (Wisconsin consumer act); s. 645.04 (1) (insurers rehabilitation and liquidation act); [s. 655.19 (health care liability and patients compensation)]; s. 701.14 (4) (living trusts); s. 752.21 (court of appeals); s. 753.065 (naturalization proceedings); s. 757.89 (Wisconsin judicial commission); s. 776.13 (annulment of corporate charters); s. 779.20 (log liens); s. 799.11 (small claims actions); s. 800.15 (municipal court appeals); s. 880.05 (guardianship actions); s. 882.03 (adult adoptions); s. 971.19 (criminal proceedings); s. 979.01 (inquests of the dead); s. 23.90 (conservation act); s. 45.50 (3) (soldiers and sailors civil relief); and s. 753.34 (5) (Menominee and Shawano counties).
801.50 Note
Sub. (3) remains the same in substance.
801.50 Note
Subs. (4) and (5) remain unchanged.
801.50 Note
Sub. (6) recognizes the authority of the judge to change venue under s. 801.52. [Bill 324-S]
801.50 Annotation
"Substantial business" under sub. (2) (c) is discussed. Enpro Assessment Corp. v. Enpro Plus, Inc.
171 Wis. 2d 542,
492 N.W.2d 325 (Ct. App. 1992).
801.50 Annotation
"Where the liberty of the plaintiff is restrained" under sub. (4) (b) is the county where the plaintiff is confined. State ex rel. Frederick v. McCaugherty,
173 Wis. 2d 222,
496 N.W.2d 327 (Ct. App. 1992).
801.50 Annotation
A certiorari proceeding to review a probation revocation must be heard in the circuit court of conviction, but it need not be heard by the same branch. Drow v. Schwarz,
225 Wis. 2d 362,
592 N.W.2d 623 (1999),
97-1867.
801.50 Annotation
Sections 801.50 and 801.51, the general venue statutes, do not apply to actions arising from consumer credit transactions. Rather, the venue provision in s. 421.401 applies. Brunton v. Nuvell Credit Corporation,
2010 WI 50,
325 Wis. 2d 135, 785 N. W. 2d 302,
07-1253.
801.50 Annotation
Wisconsin's revised venue statutes. Fullin, WBB September, 1984.
801.51
801.51
Challenges to improper venue. Any party may challenge venue, on the grounds of noncompliance with
s. 801.50 or any other statute designating proper venue, by filing a motion for change of venue:
801.51(1)
(1) At or before the time the party serves his or her first motion or responsive pleading in the action.
801.51(2)
(2) After the time set forth in
sub. (1), upon a showing that despite reasonable diligence, the party did not discover the grounds therefor at or before that time.
801.51 History
History: 1983 a. 228.
801.51 Note
Judicial Council Note, 1983: This section sets forth the procedure for challenging the plaintiff's initial choice of venue on the grounds that it fails to comply with the provisions of s. 801.50 or any other statute specifying proper venue. The former statute's 2-stage proceeding was unnecessary and tended to create confusion for unwary litigants. [Bill 324-S]
801.51 Annotation
Sections 801.50 and 801.51, the general venue statutes, do not apply to actions arising from consumer credit transactions. Rather, the venue provision in s. 421.401 applies. Brunton v. Nuvell Credit Corporation,
2010 WI 50,
325 Wis. 2d 135,
785 N.W.2d 302,
07-1253.
801.52
801.52
Discretionary change of venue. The court may at any time, upon its own motion, the motion of a party or the stipulation of the parties, change the venue to any county in the interest of justice or for the convenience of the parties or witnesses, except that venue in a civil action to impose a forfeiture for a violation of
chs. 5 to
12,
subch. III of ch. 13, or
subch. III of ch. 19 or for a violation of any other law arising from or in relation to the official functions of the subject of the investigation or any matter that involves elections, ethics, or lobbying regulation under
chs. 5 to
12,
subch. III of ch. 13, or
subch. III of ch. 19, may be changed only as provided in
s. 971.223 (1) and
(2) or in the same manner that is authorized for a change in the venue of a criminal trial under
s. 971.22. This section does not apply to proceedings under
ch. 980.
801.52 Note
Judicial Council Note, 1983: This section authorizes grounds for changing venue beyond the failure to comply with s. 801.50. It permits the court to apply traditional forum non conveniens principles to requests for discretionary change of venue. The court has discretion to change venue to any county in the state. [Bill 324-S]
801.53
801.53
Determination of motion for change of venue. Motions under
ss. 801.51 and
801.52 shall be determined on the basis of proofs submitted by the parties unless the court orders a hearing or oral argument. Oral argument shall be heard by telephonic conference unless the court otherwise orders for cause shown.
801.53 History
History: 1983 a. 228.
801.53 Note
Judicial Council Note, 1983: The provisions of the prior statute are revised in new s. 801.51. Motions under s. 801.51 are rarely contested and usually decided on affidavit. As on other nonevidentiary motions, oral argument should, if desired, be heard by 3-way or conference telephone call. Motions under s. 801.52, while requiring a factual foundation, usually are based not on dispute of fact but on balance of equities. Unless good cause to the contrary is advanced, arguments should be heard by 3-way or telephonic conference call. [Bill 324-S]
801.54
801.54
Discretionary transfer of civil actions to tribal court. 801.54(1)(1)
Scope. In a civil action where a circuit court and a court or judicial system of a federally recognized American Indian tribe or band in Wisconsin ("tribal court") have concurrent jurisdiction, this rule authorizes the circuit court, in its discretion, to transfer the action to the tribal court under
sub. (2m) or when transfer is warranted under the factors set forth in
sub. (2). This rule does not apply to any action in which controlling law grants exclusive jurisdiction to either the circuit court or the tribal court.
801.54(2)
(2) Discretionary transfer. When a civil action is brought in the circuit court of any county of this state, and when, under the laws of the United States, a tribal court has concurrent jurisdiction of the matter in controversy, the circuit court may, on its own motion or the motion of any party and after notice and hearing on the record on the issue of the transfer, cause such action to be transferred to the tribal court. The circuit court must first make a threshold determination that concurrent jurisdiction exists. If concurrent jurisdiction is found to exist, unless all parties stipulate to the transfer, in the exercise of its discretion the circuit court shall consider all relevant factors, including but not limited to:
801.54(2)(a)
(a) Whether issues in the action require interpretation of the tribe's laws, including the tribe's constitution, statutes, bylaws, ordinances, resolutions, or case law.
801.54(2)(b)
(b) Whether the action involves traditional or cultural matters of the tribe.
801.54(2)(c)
(c) Whether the action is one in which the tribe is a party, or whether tribal sovereignty, jurisdiction, or territory is an issue in the action.
801.54(2)(d)
(d) The tribal membership status of the parties.
801.54(2)(f)
(f) Whether the parties have by contract chosen a forum or the law to be applied in the event of a dispute.
801.54(2)(g)
(g) The timing of any motion to transfer, taking into account the parties' and court's expenditure of time and resources, and compliance with any applicable provisions of the circuit court's scheduling orders.
801.54(2)(h)
(h) The court in which the action can be decided most expeditiously.
801.54(2)(i)
(i) The institutional and administrative interests of each court.
801.54(2)(j)
(j) The relative burdens on the parties, including cost, access to and admissibility of evidence, and matters of process, practice, and procedure, including where the action will be heard and decided most promptly.
801.54(2)(k)
(k) Any other factors having substantial bearing upon the selection of a convenient, reasonable and fair place of trial.
801.54(2m)
(2m) Tribal child support programs. The circuit court may, on its own motion or the motion of any party, after notice to the parties of their right to object, transfer a post-judgment child support, custody or placement provision of an action in which the state is a real party in interest pursuant to
s. 767.205 (2) to a tribal court located in Wisconsin that is receiving funding from the federal government to operate a child support program under Title IV-D of the federal Social Security Act (
42 U.S.C. 654 et al.). The circuit court must first make a threshold determination that concurrent jurisdiction exists. If concurrent jurisdiction is found to exist, the transfer will occur unless a party objects in a timely manner. Upon the filing of a timely objection to the transfer the circuit court shall conduct a hearing on the record considering all the relevant factors set forth in
sub. (2).
801.54(3)
(3) Stay of proceeding in circuit court. When a circuit court transfers an action to tribal court under this rule, the circuit court shall enter an order to stay further proceedings on the action in circuit court. Jurisdiction of the circuit court continues over the parties to a proceeding in which a stay has been ordered under this section until a period of 5 years has elapsed since the last order affecting the stay was entered in the court. At any time during which jurisdiction of the court continues over the parties to the proceedings, the court may, on motion and notice to the parties, subsequently modify the stay order and take any further action in the proceeding as the interests of justice require. When jurisdiction of the court over the parties and the proceeding terminates by reason of the lapse of 5 years following the last court order in the action, the clerk of the court in which the stay was granted shall without notice enter an order dismissing the action.
801.54(4)
(4) Appeals. The decision of a circuit court to transfer an action to tribal court may be appealed as a matter of right under
s. 808.03 (1).
801.54(5)
(5) Effect of transfer. When a circuit court orders the transfer of an action to tribal court under this rule, the circuit court shall retain the circuit court filing fee and shall transmit to the tribal court a copy of all circuit court records in the action.
801.54(6)
(6) Powers, rights and obligations unaffected. Nothing in this rule is intended to alter, diminish, or expand the jurisdiction of the circuit courts or any tribal court, the sovereignty of the state or any federally recognized American Indian tribe or band, or the rights or obligations of parties under state, tribal, or federal law.
801.54 History
History: Sup. Ct. Order No.
07-11, 2008 WI 114, filed 7-31-08, eff. 1-1-09; Sup. Ct. Order No.
07-11A, 2009 WI 63, 307 Wis. 2d xxi.
801.54 Note
NOTE: Sup. Ct. Order No.
07-11 states: "The following Comment to Wis. Stat. s. 801.54 is not adopted, but will be published and may be consulted for guidance in interpreting and applying the statute:"
801.54 Note
Comment, 2008. The purpose of this rule is to enable circuit courts to transfer civil actions to tribal courts in Wisconsin as efficiently as possible where appropriate. In considering the factors under sub. (2), the circuit court shall give particular weight to the constitutional rights of the litigants and their rights to assert all available claims and defenses.
801.54 Annotation
A court that is considering transferring a case to a tribal court under the tribal transfer statute must conduct a two-part analysis. It must make a clear record of its findings and conclusions regarding concurrent jurisdiction, as well as an analysis of all of the rule's relevant factors on the facts presented. Kroner v. Oneida Seven Generations Corporation,
2012 WI 88, ___ Wis. 2d ___, ___ N.W.2d ___,
10-2533.
801.56
801.56
Change of venue if judge disqualified by interest. When the judge is a party or interested in any action in the judge's court or is related to or has been of counsel for either party, the court or the presiding judge thereof shall, upon application of either party, and may without such application, change the place of trial or call in another judge as provided in
s. 801.58. The fact that the judge is a taxpayer does not disqualify the judge.
801.56 History
History: Sup. Ct. Order, 67 Wis. 2d 585, 757, 777 (1975);
1975 c. 218; Stats. 1975 s. 801.56.
801.58
801.58
Substitution of judge. 801.58(1)
(1) Any party to a civil action or proceeding may file a written request, signed personally or by his or her attorney, with the clerk of courts for a substitution of a new judge for the judge assigned to the case. The written request shall be filed preceding the hearing of any preliminary contested matters and, if by the plaintiff, not later than 60 days after the summons and complaint are filed or, if by any other party, not later than 60 days after service of a summons and complaint upon that party. If a new judge is assigned to the trial of a case, a request for substitution must be made within 10 days of receipt of notice of assignment, provided that if the notice of assignment is received less than 10 days prior to trial, the request for substitution must be made within 24 hours of receipt of the notice and provided that if notification is received less than 24 hours prior to trial, the action shall proceed to trial only upon stipulation of the parties that the assigned judge may preside at the trial of the action. Upon filing the written request, the filing party shall forthwith mail a copy thereof to all parties to the action and to the named judge.
801.58(2)
(2) When the clerk receives a request for substitution, the clerk shall immediately contact the judge whose substitution has been requested for a determination of whether the request was made timely and in proper form. If the request is found to be timely and in proper form, the judge named in the request has no further jurisdiction and the clerk shall request the assignment of another judge under
s. 751.03. If the judge named in the substitution request finds that the request was not timely and in proper form, that determination may be reviewed by the chief judge of the judicial administrative district, or by the chief judge of an adjoining judicial administrative district if the judge named in the request is the chief judge, if the party who made the substitution request files a written request for review with the clerk no later than 10 days after the determination by the judge named in the request. If no determination is made by the judge named in the request within 7 days, the clerk shall refer the matter to the chief judge of the judicial administrative district or to the chief judge of an adjoining judicial administrative district, if the judge named in the request is the chief judge, for determination of whether the request was made timely and in proper form and reassignment as necessary. The newly assigned judge shall proceed under
s. 802.10 (1).
