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(1)(1) Except as provided in
sub. (2), 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(2)
(2) A judgment or order appealed from an action venued in a county designated by the plaintiff to the action as provided under
s. 801.50 (3) (a) shall be heard in a court of appeals district selected by the appellant but the court of appeals district may not be the court of appeals district that contains the court from which the judgment or order is appealed.
752.21 History
History: 1977 c. 187;
2011 a. 61.
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).
752.35 Annotation
Discretionary reversal is not applicable to judicial review of LIRC orders under the Worker's Compensation Act, ch. 102. There is no power to reopen a matter that has been fully determined under the Act. Kwaterski v. LIRC,
158 Wis. 2d 112,
462 N.W.2d 534 (Ct. App. 1990).
752.35 Annotation
State v. Wyss: A new appellate standard for granting new trials in the interest of justice. 1987 WLR 171.
752.35 Annotation
A Fearless Search for the Truth No Longer: State v. Henley and Its Destructive Impact on New Trials in the Interest of Justice. Mark. 2012 WLR 1367.
752.37
752.37
Enforcement of judgments and determinations. The court of appeals has all power and authority to enforce its judgments and determinations and to exercise its jurisdiction.
752.37 History
History: 1977 c. 187.
752.39
752.39
Referral of issues of fact. In actions where the court of appeals has taken original jurisdiction, the court may refer issues of fact to a circuit court or referee for determination.
752.39 History
History: 1977 c. 187.
752.41(1)(1) In each case, the court of appeals shall provide a written opinion containing a written summary of the reasons for the decision made by the court.
752.41(2)
(2) Officially published opinions of the court of appeals shall have statewide precedential effect.
752.41(3)
(3) The supreme court shall determine by rule the manner in which the court of appeals determines which of its decisions shall be published.
752.41 History
History: 1977 c. 187.
752.41 Annotation
Only the supreme court has the power to overrule, modify, or withdraw language from a published opinion of the court of appeals. Cook v. Cook,
208 Wis. 2d 166,
560 N.W.2d 246 (1997),
95-1963.
752.41 Annotation
The noncitation rule and the concept of stare decisis. Walther. 61 MLR 581 (1978).
752.61
752.61
State assumption of costs. The state shall pay for all costs of implementation and operation of the court of appeals. Payments shall be made under
s. 20.660.
752.61 History
History: 1977 c. 187.
