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.
751.11 Annotation
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.
751.12
751.12
Rules of pleading and practice. 751.12(1)
(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.
751.12(2)
(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.
751.12(3)
(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. 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.
751.12(4)
(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.
751.12(5)
(5) 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;
2001 a. 103.
751.12 Annotation
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).
751.12 Annotation
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).
751.12 Annotation
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 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 children and families 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 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.
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 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.
751.153
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.
751.153 History
History: 2011 a. 209.
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.
751.20
751.20
Transfer authority. Notwithstanding
s. 20.680 (2) (a) to
(ke) and
(4) (a) to
(h), the supreme court may transfer money from the appropriations under 20.680 (2) (a) to (ke) and (4) (a) to (h) to the appropriation under
s. 20.670 (1) (k) for the purposes of the judicial council under
s. 758.13.
751.20 History
History: 2011 a. 32.
