2021 - 2022 LEGISLATURE
November 24, 2021 - Introduced by Representatives Tusler, Snyder and J.
Rodriguez, cosponsored by Senator Wimberger. Referred to Committee on
1An Act to repeal and recreate
767.17 of the statutes; relating to: procedures
2for de novo review in actions affecting the family.
Analysis by the Legislative Reference Bureau
This bill establishes specific procedures and parameters for seeking de novo
review of a court commissioner's determination, order, or ruling in an action affecting
the family. The bill maintains current law standards that allow a party to have a
determination, order, or ruling of a circuit court commissioner reviewed by the circuit
court judge of the branch to which the case is assigned by holding a hearing de novo,
but the bill adds specific requirements for the review. Under the bill, a party must
be present at the hearing in order to seek a de novo review, and de novo review does
not apply to any stipulations entered into between the parties. The bill provides that
a notice requesting a hearing de novo does not stay a court commissioner's order
unless the court specifically grants a stay of that order.
Under the bill, a party must file a motion for a hearing de novo within 20
calendar days of the court commissioner's oral ruling or, if there was no oral ruling,
within 20 calendar days of the mailing of the commissioner's written decision or
order. With the exception of certain rulings involving relocating a child's residence,
the court must hold a hearing de novo no later than 60 days from the date the motion
for a hearing de novo is filed.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
767.17 of the statutes is repealed and recreated to read:
2767.17 De novo review. (1) Right to de novo review.
Any decision of a circuit 3
court commissioner under this chapter shall be reviewed by the judge of the branch 4
of court to which the case has been assigned, upon motion of any party. Any 5
determination, order, or ruling by a circuit court commissioner under this chapter 6
may be certified to the branch of court to which the case has been assigned, upon a 7
motion of any party for a hearing de novo. A party is required to be present at the 8
hearing in order to seek a de novo review. The right to seek a de novo review does 9
not apply to stipulations entered into between the parties. Notices requesting a 10
hearing de novo will not stay the order unless the trial court specifically grants a stay 11
of the order.
12(2) Time limits.
If a party seeks to have the trial court conduct a hearing de novo 13
of a determination, order, or ruling entered by a court commissioner in an action 14
affecting the family under this chapter, the party shall file a motion for a hearing de 15
novo within 20 calendar days of the oral decision of the court commissioner or within 16
20 calendar days of the mailing of a written decision or order by the court 17
commissioner if the decision or order was not given orally by the court commissioner 18
at the time of the hearing. As set forth under s. 801.15 (1), 20 calendar days are 19
counted consecutively and include weekends and holidays.
The court shall hold a hearing de novo no later than 60 days from 21
the date of the filing of the motion under this section, except as otherwise required 22
under s. 767.481.