Feed for /1999/statutes/statutes/751 PDF
751.04 History History: 1977 c. 187 s. 86; Stats. 1977 s. 751.04.
751.05 751.05 Appellate jurisdiction. The supreme court has appellate jurisdiction only, except as otherwise provided by law or the constitution.
751.05 History History: 1977 c. 187 s. 76; Stats. 1977 s. 751.05.
751.06 751.06 Discretionary reversal. In an appeal in the supreme court, if it appears from the record that the real controversy has not been fully tried, or that it is probable that justice has for any reason miscarried, the court may reverse the judgment or order appealed from, regardless of whether the proper motion or objection appears in the record, and may direct the entry of the proper judgment or remit the case to the trial court for the entry of the proper judgment or for a new trial, and direct the making of such amendments in the pleadings and the adoption of such procedure in that court, not inconsistent with statutes or rules, as are necessary to accomplish the ends of justice.
751.06 History History: 1977 c. 187 s. 76; Stats. 1977 s. 751.06.
751.06 Annotation The court may reverse in the interest of justice even though proper motions or objections were not made. Judgment reversed where defendant's counsel persisted in asking questions which amounted to testimony on his part and commented on the facts he observed in argument to the jury. Lorenz v. Wolff, 45 Wis. 2d 407, 173 N.W.2d 129.
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 Wis. 2d 169, 213 N.W.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 Wis. 2d 730, 216 N.W.2d 8.
751.06 Annotation Requirements for new trial upon ground of newly discovered evidence discussed. State v. Boyce, 75 Wis. 2d 452, 249 N.W.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 Wis. 2d 480, 253 N.W.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 Wis. 2d 638, 260 N.W.2d 783.
751.06 Annotation Although failure to object at conference under s. 805.13 to a substantive defect in the verdict constituted waiver, the failure to object does not preclude the court's consideration of the defect under s. 751.06. Clark v. Leisure Vehicles, Inc. 96 Wis. 2d 607, 292 N.W.2d 630 (1980). See also Air Wisconsin, Inc. v. North Cent. Airlines, Inc. 98 Wis. 2d 301, 296 N.W.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 Wis. 2d 133, 327 N.W.2d 662 (1983).
751.06 AnnotationBroad scope of court's power of review discussed. State v. Schumacher, 144 Wis. 2d 388, 424 N.W.2d 672 (1988).
751.06 Annotation Reversal on grounds that the real controversy was not fully tried discussed. State v. Hicks, 202 Wis. 2d 150, 549 N.W.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 AnnotationSeparation of constitutional powers discussed. In Matter of E.B. 111 Wis. 2d 175, 330 N.W.2d 584 (1983).
751.12 Annotation Establishment of 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).
751.15 751.15 Rules regarding the practice of law; delinquent support obligors.
751.15(1)(1) The supreme court is requested to enter into a memorandum of understanding with the department of workforce development under s. 49.857.
751.15(2) (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 workforce development 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 workforce development for the purpose of administering s. 49.22.
751.15(3) (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 workforce development or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings or if the department of workforce development 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.
751.15 History History: 1997 a. 191; 1999 a. 9, 32.
751.155 751.155 Rules regarding the practice of law; delinquent taxpayers.
751.155(1)(1) The supreme court is requested to enter into a memorandum of understanding with the department of revenue under s. 73.0301.
751.155(2) (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.
751.155(3) (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) or if the department of revenue certifies that the applicant or licensee is liable for delinquent taxes under s. 73.0301.
751.155 History History: 1997 a. 237; 1999 a. 32 s. 336.
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This is an archival version of the Wis. Stats. database for 1999. See Are the Statutes on this Website Official?