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. A judgment was reversed because the defendant's counsel persisted in asking questions that amounted to testimony on his part and because in arguing to the jury he commented on facts that he had observed. Lorenz v. Wolff,
45 Wis. 2d 407,
173 N.W.2d 129 (1970).
751.06 Annotation
A general judgment creditor, having failed to timely appeal from a foreclosure judgment, was not entitled under this section to remand for a factual determination of a real, although perhaps untried, issue affecting the homestead exemption. Anchor Savings & Loan Association v. Week,
62 Wis. 2d 169,
213 N.W.2d 737 (1974).
751.06 Annotation
A new trial was necessary because of the prosecution's failure to make full and fair pretrial disclosure to the defendant of exculpatory evidence. State v. Stanislawski,
62 Wis. 2d 730,
216 N.W.2d 8 (1974).
751.06 Annotation
Requirements for a new trial upon the ground of newly discovered evidence are discussed. State v. Boyce,
75 Wis. 2d 452,
249 N.W.2d 758 (1977).
751.06 Annotation
When a verdict form did not contain a special fact question regarding a major issue of the case, the real issues had not been tried. Schulz v. St. Mary's Hospital,
81 Wis. 2d 638,
260 N.W.2d 783 (1978).
751.06 Annotation
Although failure to object at a conference under s. 805.13 to a substantive defect in the verdict constituted waiver, the failure to object did 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 Central Airlines, Inc.
98 Wis. 2d 301,
296 N.W.2d 749 (1980).
751.06 Annotation
When the credibility of a witness was a critical issue, exclusion under s. 906.08 (1) of the evidence offered was grounds for discretionary reversal. State v. Cuyler,
110 Wis. 2d 133,
327 N.W.2d 662 (1983).
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.
751.11 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).
751.15
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.
