CHAPTER 752
COURT OF APPEALS
752.02 Supervisory authority.
752.05 Administrative headquarters.
752.31 Disposition of cases.
752.35 Discretionary reversal.
752.37 Enforcement of judgments and determinations.
752.39 Referral of issues of fact.
752.61 State assumption of costs.
752.01(1)(1) The court of appeals has appellate jurisdiction as provided by law.
752.01(2)
(2) The court of appeals has original jurisdiction only to issue prerogative writs.
752.01(3)
(3) The court of appeals may issue all writs necessary in aid of its jurisdiction.
752.01 History
History: 1977 c. 187.
752.01 Annotation
The court of appeals does not have jurisdiction to entertain an original action unrelated to its supervisory or appellate authority over circuit courts. State ex rel. Swan v. Elections Bd.
133 Wis. 2d 87,
394 N.W.2d 732 (1986).
752.01 Annotation
Jurisdiction of the Wisconsin court of appeals. Hazeltine. 69 MLR 545 (1986).
752.01 Annotation
A Shift in the Bottleneck: The Appellate Caseload Problem Twenty Years After the Creation of the Wisconsin Court of Appeals. Garlys. 1998 WLR 1547.
752.01 Annotation
Wisconsin court of appeals: 1983 internal operating procedures. WBB Nov. 1983.
752.02
752.02
Supervisory authority. The court of appeals has supervisory authority over all actions and proceedings in all courts except the supreme court.
752.02 History
History: 1977 c. 187.
752.02 Annotation
The court of appeals is authorized to exercise its supervisory authority over a chief judge who is ruling on a substitution request. James L.J. v. Walworth County Circuit Court,
200 Wis. 2d 496,
546 N.W.2d 460 (1996),
94-2043.
752.03
752.03
Number of judges. There shall be 16 court of appeals judges. Three judges shall be elected from the district specified in
s. 752.17, 4 judges shall be elected from each of the 2 districts specified in
ss. 752.13 and
752.15 and 5 judges shall be elected from the district specified in
s. 752.19.
752.04
752.04
Elections. Court of appeals judges shall be elected by district on an at-large basis for terms of 6 years. Terms shall commence on August 1 next succeeding each election and shall terminate on July 31. A court of appeals judge shall reside within the district in which he or she is elected. Only one court of appeals judge may be elected in a district in any year.
752.04 History
History: 1977 c. 187.
752.05
752.05
Administrative headquarters. The court of appeals shall have administrative headquarters in Madison.
752.05 History
History: 1977 c. 187.
752.07
752.07
Chief judge. The supreme court shall appoint a court of appeals judge to be the chief judge of the court of appeals for a term of 3 years.
752.07 History
History: 1977 c. 187.
752.11(1)(1) The court of appeals is divided into districts as follows:
752.11(1)(a)
(a) District I consists of the judicial circuit for Milwaukee County.
752.11(1)(b)
(b) District II consists of the judicial circuits for Kenosha, Racine, Walworth, Waukesha, Washington, Ozaukee, Sheboygan, Manitowoc, Fond du Lac, Green Lake, Winnebago and Calumet counties.
752.11(1)(c)
(c) District III consists of the judicial circuits for Door, Kewaunee, Brown, Oconto, Marinette, Forest and Florence (a combined 2-county circuit), Outagamie, Menominee and Shawano (a combined 2-county circuit), Langlade, Marathon, Lincoln, Oneida, Vilas, Taylor, Price, Iron, Ashland, Bayfield, Sawyer, Rusk, Chippewa, Eau Claire, Trempealeau, Buffalo and Pepin (a combined 2-county circuit), Dunn, Pierce, St. Croix, Barron, Polk, Burnett, Washburn and Douglas counties.
752.11(1)(d)
(d) District IV consists of the judicial circuits for Rock, Green, Jefferson, Dodge, Dane, Lafayette, Iowa, Grant, Richland, Crawford, Sauk, Columbia, Marquette, Waushara, Waupaca, Portage, Wood, Adams, Juneau, Jackson, Clark, Monroe, Vernon and La Crosse counties.
752.11(2)
(2) The court shall hear cases in any city where it has chambers or where it is specifically required to sit and such other locations as the supreme court may designate by rule for the convenience of litigants.
752.11 History
History: 1977 c. 187,
449.
752.13
752.13
District I. The court chambers for the court of appeals in district I are located in Milwaukee.
752.13 History
History: 1977 c. 187.
752.15
752.15
District II. The court chambers for the court of appeals in district II are located in Waukesha. The court shall also sit in Fond du Lac and Racine.
752.15 History
History: 1977 c. 187.
752.17
752.17
District III. The court chambers for the court of appeals in district III are located in Wausau. The court shall also sit in Eau Claire, Superior and Green Bay.
752.17 History
History: 1977 c. 187.
752.19
752.19
District IV. The court chambers for the court of appeals in district IV are located in Madison. The court shall also sit in La Crosse and Stevens Point.
752.19 History
History: 1977 c. 187.
752.21
752.21
Venue. A judgment or order appealed to the court of appeals shall be heard in the court of appeals district which contains the court from which the judgment or order is appealed.
752.21 History
History: 1977 c. 187.
752.31
752.31
Disposition of cases. 752.31(1)
(1) Except as otherwise provided in this section, the court of appeals shall sit in panels of 3 judges to dispose of cases on their merits.
752.31(2)
(2) Appeals to or other proceedings in the court of appeals in the following types of cases shall be decided as specified in
sub. (3):
752.31(3)
(3) A case specified under
sub. (2) shall be decided by one court of appeals judge, except that any party on appeal or other proceeding in the court of appeals may move in writing to the chief judge of the court of appeals that the case be decided by a 3-judge panel. The chief judge may grant or deny the request ex parte. Oral arguments permitted on any appeal which is decided by a single court of appeals judge may be heard by telephone or in the county where the case or action originated.
752.31(4)
(4) If a request for a 3-judge panel is granted under
sub. (3), the district attorney handling the case under
s. 978.05 (5) shall transfer all necessary files and papers relating to the case to the attorney general.
752.31 Note
Judicial Council Note, 1979: Sub. (2) is amended to clarify that the judge in those cases in which a single court of appeals judge determines the case also has the authority to issue any necessary writs required in the case. The term "other proceedings" includes petitions for supervisory writs and original jurisdiction prerogative writs. Sub. (2) has also been amended to clarify that, in cases decided by a single court of appeals judge, the case is decided by the judge rather than heard. Some single-judge appeals are not heard as oral argument may not take place in the case.
752.31 Annotation
Sub. (3) is amended to clarify that a single-judge appeal is decided rather than heard by the judge. The prior statutory provision that, upon a timely request, a case specified in sub. (2) shall actually be heard in the county where the case or action originated remains unchanged. Language has also been added to sub. (3) to clarify that the procedure to request the chief judge of the court of appeals to have a single-judge case be decided by a 3-judge panel also applies to other proceedings in the court of appeals, which may include petitions for supervisory writs and original jurisdiction prerogative writs. [Bill 396-S]
752.31 Note
Judicial Council Note, 1981: Sub. (2) is amended to provide that cases under ch. 55, like cases under ch. 51, are decided as specified in sub. (3) and to clarify that cases under s. 343.305 are also decided as specified in sub. (3). Cases under ch. 55 and forfeitures are to be decided in the same manner as the other types of cases specified in sub. (2). [Bill 737-A]
752.31 Note
Judicial Council Note, 1985: Sub. (2) (c) is amended to clarify that appeals in habitual traffic offender cases may be decided by one court of appeals judge. [85 Act 102]
752.31 Note
Judicial Council Note, 1988: The amendment to sub. (3) allows oral arguments permitted in 1-judge appeals to be heard by telephone conference or in the county where the action originated, at the discretion of the judge. [Re Order effective Jan. 1, 1988]
752.31 Annotation
Sub. (2) (d) and (3) provide that appeals in protective placement cases under ch. 55 are heard by a single court of appeals judge while the general rule under sub. (1) is that cases disposed of on the merits, including guardianship orders under ch. 54, are heard by a 3-judge panel. When an appeal is taken from a single action granting both a guardianship and protective placement petition, the appeal is to be decided by a 3-judge panel. Waukesha County v. Genevieve M. 2009 WI App 173,
322 Wis. 2d 131,
776 N.W.2d 640,
09-1755.
752.35
752.35
Discretionary reversal. In an appeal to the court of appeals, 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 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.
752.35 History
History: 1977 c. 187.
752.35 Annotation
In relying solely on affidavits of persons who could have been produced at a postconviction hearing but were not, there was an insufficient basis on which the court of appeals could have exercised its discretion. State v. McConnohie,
113 Wis. 2d 362,
334 N.W.2d 903 (1983).
752.35 Annotation
The court of appeals erred as matter of law in granting a new trial. Although a juror incompletely responded to material questions on voir dire, the litigant failed to demonstrate that the juror more probably than not was biased against the litigant. The criteria for discretionary reversal is discussed. State v. Wyss,
124 Wis. 2d 681,
370 N.W.2d 745 (1985).
