751.06 Annotation
The general judgment creditor, having failed to timely appeal from the foreclosure judgment, is not entitled under this section to remand for factual determination of one of the real, although perhaps untried, issues affecting the homestead exemption. Anchor Savings & Loan Asso. v. Week, 62 W (2d) 169, 213 NW (2d) 737.
751.06 Annotation
A new trial is necessary because of the prosecution's failure to make full and fair pretrial disclosure to defendant of exculpatory evidence. State v. Stanislawski, 62 W (2d) 730, 216 NW (2d) 8.
751.06 Annotation
Requirements for new trial upon ground of newly discovered evidence discussed. State v. Boyce, 75 W (2d) 452, 249 NW (2d) 758.
751.06 Annotation
Plaintiffs' request for new trial to permit jury to consider absence of right exterior mirror was properly denied because the real controversy, driver's negligence, had been fully tried. Buel v. La Crosse Transit Co. 77 W (2d) 480, 253 NW (2d) 232.
751.06 Annotation
Where verdict form did not contain special fact question regarding major issue of case, real issues had not been tried. Schulz v. St. Mary's Hospital, 81 W (2d) 638, 260 NW (2d) 783.
751.06 Annotation
See note to 805.13, citing Clark v. Leisure Vehicles, Inc. 96 W (2d) 607, 292 NW (2d) 630 (1980).
751.06 Annotation
See note to 805.13, citing Air Wisconsin, Inc. v. North Cent. Airlines, Inc. 98 W (2d) 301, 296 NW (2d) 749 (1980).
751.06 Annotation
Where credibility of witness was critical issue, exclusion of evidence offered under 906.08 (1) was grounds for discretionary reversal. State v. Cuyler, 110 W (2d) 133, 327 NW (2d) 662 (1983).
751.06 Annotation
See note to 752.35, citing State v. Wyss, 124 W (2d) 681, 370 NW (2d) 745 (1985).
751.06 Annotation
See note to 972.11 citing State v. Penigar, 139 W (2d) 569, 408 NW (2d) 28 (1987).
751.06 Annotation
Broad scope of court's power of review discussed. State v. Schumacher, 144 W (2d) 388, 424 NW (2d) 672 (1988).
751.06 Annotation
Reversal on grounds that the real controversy was not fully tried discussed. State v. Hicks, 202 W (2d) 150, 549 NW (2d) 435 (1996).
751.06 Annotation
State v. Wyss: A new appellate standard for granting new trials in the interest of justice. 1987 WLR 171.
751.07
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.
751.07 History
History: 1977 c. 187 s.
76; Stats. 1977 s. 751.07;
1983 a. 192.
751.08
751.08
Enforcement of judgments and determinations. The supreme court has all power and authority to enforce its judgments and determinations and to exercise its jurisdiction as the supreme judicial tribunal of the state.
751.08 History
History: 1977 c. 187.
751.09
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.
751.09 History
History: 1977 c. 187 s.
78; Stats. 1977 s. 751.09.
751.10
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.
751.10 History
History: 1977 c. 187 s.
79; Stats. 1977 s. 751.10;
1985 a. 29.
751.11
751.11
Wisconsin reports; distribution. 751.11(1)
(1) The supreme court may make such provisions for publication of its opinions as it deems appropriate.
751.11(2)
(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.
751.11(3)
(3) The supreme court shall provide copies of its reports for any new judgeship of a court of record.
751.11 History
History: 1975 c. 39;
1977 c. 187 s.
80; Stats. 1977 s. 751.11;
1979 c. 34;
1985 a. 29,
332.
751.12
751.12
Rules of pleading and practice. 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 purpose 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 such rules 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 deems proper. All statutes relating to pleading, practice and procedure may be modified or suspended by rules promulgated under this section. No rule modifying or suspending such statutes may be adopted until the court has held a public hearing with reference to the rule. 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. The state bar of Wisconsin shall not charge the state treasury for publication of this notice. Proposed rules, including changes, if any, in existing rules, shall be set forth in full in the notice. This section shall not abridge the right of the legislature to enact, modify or repeal statutes or rules relating to pleading, practice or procedure. The judicial council shall act in an advisory capacity to assist the court in performing its duties under this section.
751.12 History
History: 1977 c. 187 s.
82; Stats. 1977 s. 751.12.
751.12 Annotation
Separation of constitutional powers discussed. In Matter of E.B. 111 W (2d) 175, 330 NW (2d) 584 (1983).
751.12 Annotation
Establishment of effective date does not determine whether a statute will apply retroactively. Salzman v. DNR, 168 W (2d) 523, 484 NW (2d) 337 (Ct. App. 1992).
