801.19(1)(b)
(b) “Protected information form" means a form provided by the circuit court under
SCR 70.153 for the purpose of submitting protected information in the manner described by this section.
801.19(1)(c)
(c) “Redact" means to obscure individual items of information within an otherwise publicly accessible document.
801.19(1)(d)
(d) “Seal" means to order that a portion of a document or an entire document shall not be accessible to the public.
801.19(2)
(2) Required omission or redaction of protected information. 801.19(2)(a)(a) To retain privacy and prevent misuse of personal information, no party shall, on or after July 1, 2016, submit protected information in any document filed in any action or proceeding in circuit court except in the manner provided by this section.
801.19(2)(b)
(b) Except as provided in
par. (c), the parties to the action are solely responsible for ensuring that protected information does not appear in any document filed with the court. The court will not review each document filed by a party for compliance with this section. Protected information that is not properly submitted is accessible to the public to the same extent as the rest of the court record.
801.19(2)(c)
(c) A party shall omit or redact protected information from documents filed with the court unless the protected information is required by law or is necessary to the action. When protected information is provided to the court, a party shall omit or redact it from any documents filed and shall provide it to the court subject to all of the following:
801.19(2)(c)1.
1. When submitting an original document such as a pleading, a party shall omit the protected information from the document. If the protected information is required by law or is necessary to the action, the party shall submit it separately on the protected information form.
801.19(2)(c)2.
2. When submitting a previously existing document such as an exhibit, a party shall redact all protected information from a copy of the document. The party shall submit the redacted copy for the public case file. If the protected information is required by law or is necessary to the action, the party shall submit it separately on the protected information form. The court may require the submitting party to produce the original unredacted document if necessary.
801.19(2)(c)3.
3. If redaction of a document is impracticable, the document may be attached to the protected information form without redaction. Any disagreement as to proper redaction of protected information shall be decided by the court.
801.19(2)(d)
(d) The protected information form and attachments are not accessible to the public, even if admitted as a trial or hearing exhibit, unless the court permits access. The clerk of circuit court or register in probate may certify the record as a true copy of an original record on file with the court by stating that information has been redacted or sealed in accordance with court rules or as ordered by the circuit court.
801.19(2)(e)
(e) In actions affecting the family, protected information may be submitted together with the information protected by
ss. 767.215 and
767.127.
801.19(2)(f)1.1. A party waives the protection of this section as to the party's own protected information by filing it without the protected information form.
801.19(2)(f)2.
2. If a party fails to comply with the requirements of this section, the court may, upon motion or its own initiative, seal the improperly filed documents and order new redacted documents to be prepared.
801.19(2)(f)3.
3. If a party fails to comply with the requirements of this section in regard to another person's protected information, the court may impose reasonable expenses, including attorney fees and costs, or may sanction the conduct as contempt.
801.19(2)(g)
(g) The court shall not include protected information in publicly accessible documents generated by the court, including judgments, orders, decisions, and notices. If the protected information is required by law or is necessary to the action, it shall be maintained and disseminated in a confidential manner. Notwithstanding this section, protected information may be referred to in open court to the extent deemed necessary by the court and may be taken down by the court reporter as part of the record.
801.19(2)(h)1.1. Protected information shall be accessible to the parties, their attorneys, guardians ad litem appointed to the case, judicial officers, and court staff as assigned, unless otherwise ordered by the court. Access to other persons and agencies shall be allowed as provided by law. The parties may stipulate in writing to allow access to protected information to any person.
801.19(2)(h)2.
2. Any person may file a motion for access to protected information for good cause. Written notice of the motion to all parties shall be required.
801.19(2)(h)3.
3. If the person seeking access cannot locate a party to provide the notice required under this section, an affidavit may be filed with the court setting forth reasonable efforts to locate the party and requesting waiver of the notice requirement. The court may waive the notice requirement if the court finds that further efforts to locate the party are not likely to be successful.
801.19(2)(i)
(i) On appeal, if the record assembled under
s. 809.15 (1) (c) includes the redacted version of any document, it shall also contain the unredacted version if submitted under
sub. (2) (c) 2. The unredacted version shall be marked as confidential. Confidential paper documents shall be submitted in a sealed envelope.
801.19(3)
(3) Redaction of previously filed documents. 801.19(3)(a)(a) This section does not require any party, attorney, clerk, or judicial officer to redact protected information that was filed prior to July 1, 2016.
801.19(3)(b)
(b) For documents filed prior to July 1, 2016, a person affected may by motion request that protected information in a circuit court file be redacted as provided in this section, using a form approved by the court for this purpose. The moving party shall identify every place in the court record where the information to be protected is located. The protected information shall be submitted on or attached to a protected information form as provided in
sub. (2).
801.19(3)(c)
(c) If the motion is granted, the clerk of circuit court or register in probate shall redact the protected information from the record at the places identified by the party. The clerk or register is not responsible for making any other redaction. The moving party shall be responsible for verifying that the redaction is complete as requested. Replacement documents shall not be submitted to the court.
801.19(3)(d)
(d) The protected information form and attachments are not accessible to the public, even if admitted as a trial or hearing exhibit, unless the court permits access. The clerk of circuit court or register in probate may certify the record as a true copy of an original record on file with the court by stating that information has been redacted or sealed in accordance with court rules or as ordered by the circuit court.
801.19(3)(e)
(e) The court may, on its own initiative, order redaction of protected information.
801.19(3)(f)
(f) The clerk of circuit court or register in probate may redact a person's social security number and passport number upon the written request of that person. All other requests for redaction of information already filed must be determined by the court.
801.19(4)(a)(a) Within 30 days of the time a transcript is filed with the circuit court, a person affected may file a motion with the circuit court to redact protected information from the transcript. The moving party shall identify by page and line every place in the transcript where the protected information is located. The protected information shall be submitted on or attached to a protected information form as provided in
sub. (2). The unredacted transcript shall be publicly available while the motion and redaction are pending unless otherwise provided by law or court order. The court may order redaction after the 30-day period for good cause shown.
801.19(4)(b)
(b) Upon court order, the court reporter shall, without charge, redact the protected information from the transcript in accordance with the court order and with directives established by the director of state courts office. The court reporter shall file the complete redacted version of the transcript with the circuit court and shall send a notice of transcript redaction to the parties within 20 days of receiving the court order. The court reporter is not required to provide a paper copy of the redacted version of the transcript to registered users of the electronic filing system. The court reporter shall provide a redacted copy of the transcript, without charge, upon the request of a party not registered to use the electronic filing system. If the page numbers of the transcript do not change after redaction, the court reporter may choose to provide only the replacement pages.
801.19(4)(c)
(c) The redacted version of the transcript shall be accessible to the public to the same extent as the rest of the court record. The original unredacted transcript shall not be accessible.
801.19(4)(d)
(d) The court reporter shall certify the transcript under
SCR 71.04 by stating that the redacted version is a verbatim transcript of the proceedings from which protected information has been redacted, as provided in this rule and ordered by the circuit court. The protected information form and the unredacted transcript may be included with the record on appeal if the protected information is necessary to the appeal or otherwise required by law. The protected information and unredacted transcript shall be marked as confidential; paper documents shall be submitted in a sealed envelope.
801.19(4)(e)
(e) Except as provided in this section, a court reporter is not required to redact protected information from any transcript of a circuit court proceeding.
801.19 History
History: Sup. Ct. Order No.
14-04, 2015 WI 89, filed 8-27-15 and eff. 7-1-16.
801.19 Note
NOTE: Sup. Ct. Order No.
14-04 states:
“Comments to Wis. Stat. ss. 801.19, 801.20, and 801.21 are not adopted, but will be published and may be consulted for guidance in interpreting and applying the statute."
801.19 Note
Comment, 2015: This section protects five specific items of personally identifiable information that sometimes appear in court filings. When submitting an original document such as a pleading, a party will omit these items from the document. If the protected information is necessary to the action or required by law to be submitted to the court, a party will submit it on a protected information form provided by the court. When submitting a previously existing document like an exhibit, a party will provide a redacted copy for the public file. If the protected information is necessary to the action, the party will submit it on the protected information form or by attaching an unredacted copy to the form. If the protected information is unnecessary to the action, the party may simply redact it without submitting the protected information to the court.
801.20
801.20
When documents may be filed as confidential. 801.20(1)(1) The director of state courts shall maintain a list of commonly-filed documents made confidential by statutes, court rules and case law, and shall make this list publicly available. Documents on the list may be submitted by a party without a motion or court order and will be automatically treated by the court as confidential.
801.20(2)
(2) A filing party is responsible for properly identifying a document as confidential at the time it is filed. The court is not required to review documents to determine if the documents are confidential in nature.
801.20 History
History: Sup. Ct. Order No.
14-04, 2015 WI 89, filed 8-27-15 and eff. 7-1-16.
801.20 Note
NOTE: Sup. Ct. Order No.
14-04 states:
“Comments to Wis. Stat. ss. 801.19, 801.20, and 801.21 are not adopted, but will be published and may be consulted for guidance in interpreting and applying the statute."
801.20 Note
Comment, 2015. Confidentiality of court documents is often an area of confusion for the public, lawyers, and court-related professionals. This problem can be addressed by publishing a list of commonly-filed documents that the court will automatically treat as confidential without a motion because they are protected by statutes, court rules, or case law. The filing party must properly identify the document at the time it is filed. Court staff are not required to review documents to determine confidentiality.
801.21
801.21
Motions to seal. 801.21(1)(a)
(a) “Redact" means to obscure individual items of information within an otherwise publicly accessible document.
801.21(1)(b)
(b) “Seal" means to order that a portion of a document or an entire document shall not be accessible to the public.
801.21(2)
(2) A party seeking to protect a court record not protected by
s. 801.19 or included on the list described in
s. 801.20 shall file a motion to seal part or all of a document or to redact specific information in a document. The motion must be served on all parties to the action. The filing party shall specify the authority for asserting that the information should be restricted from public access. The information to be sealed or redacted may be filed under a temporary seal, in which case it shall be restricted from public access until the court rules on the motion.
801.21(3)
(3) The court may determine if a hearing is necessary on a motion to seal or redact a court record. The court may require that the moving party provide notice to the general public by posting information at the courthouse or other location, including the time, date, and location of the hearing.
801.21(4)
(4) The court shall determine whether there are sufficient grounds to restrict public access according to applicable constitutional, statutory, and common law. In restricting access, the court will use the least restrictive means that will achieve the purposes of this rule and the needs of the requester. The court may order that a document be redacted in the manner provided under
s. 801.19. If the court seals or redacts information, the public record shall indicate that an order to seal or redact was issued and the name of the court official entering the order.
801.21(5)
(5) An unredacted or sealed document is not accessible to the public, even if admitted as a trial or hearing exhibit, unless the court permits access. The clerk of circuit court or register in probate may certify the record as a true copy of an original record on file with the court by stating that information has been redacted or sealed in accordance with court rules or as ordered by the circuit court.
801.21(6)
(6) The court may, on its own initiative, order sealing or redaction of any part of the court record or transcript.
801.21(7)
(7) Documents filed subsequent to the sealing order that are subject to the order must be so identified by the filing party.
801.21(8)
(8) Upon court order, the court reporter shall, without charge, redact the transcript or mark the transcript as sealed in accordance with the court order and with directives established by the director of state courts office.
801.21(9)
(9) On appeal, if the record assembled under
s. 809.15 includes a sealed document, the sealed document shall be marked as confidential. Sealed paper documents shall be submitted in a sealed envelope.
801.21 History
History: Sup. Ct. Order No.
14-04, 2015 WI 89, filed 8-27-15 and eff. 7-1-16.
801.21 Note
NOTE: Sup. Ct. Order No.
14-04 states:
“Comments to Wis. Stat. ss. 801.19, 801.20, and 801.21 are not adopted, but will be published and may be consulted for guidance in interpreting and applying the statute."
801.21 Note
Comment, 2015: This section defines the procedural prerequisites for filing of documents under seal. This section is not intended to expand or limit the confidentiality concerns that might justify special treatment of any document. The section is intended to make it clear that filing parties do not have the unilateral right to designate any filing as confidential and that permission from the court is required. This permission may flow from a statute or rule explicitly requiring that a particular document or portion of a document be filed confidentially or from an analysis of the facts of the case and the applicable law.
801.50
801.50
Venue in civil actions or special proceedings. 801.50(1)(1) A defect in venue shall not affect the validity of any order or judgment.
801.50(2)
(2) Except as otherwise provided by statute, venue in civil actions or special proceedings shall be as follows:
801.50(2)(b)
(b) In the county where the real or tangible personal property, or some part thereof, which is the subject of the claim, is situated;
801.50(2)(c)
(c) In the county where a defendant resides or does substantial business; or
801.50(2)(d)
(d) If the provisions under
par. (a) to
(c) do not apply, then venue shall be in any county designated by the plaintiff.
801.50(3)(a)(a) Except as provided in
pars. (b) and
(c), all actions in which the sole defendant is the state, any state board or commission, or any state officer, employee, or agent in an official capacity shall be venued in the county designated by the plaintiff unless another venue is specifically authorized by law.
801.50(3)(b)
(b) All actions relating to the validity or invalidly of a rule shall be venued as provided in
s. 227.40 (1).
801.50(3)(c)
(c) An action commenced by a prisoner, as defined under
s. 801.02 (7) (a) 2., in which the sole defendant is the state, any state board or commission, or any state officer, employee, or agent in an official capacity shall be venued in Dane County unless another venue is specifically authorized by law.
801.50(4)
(4) Venue of an action seeking a remedy available by habeas corpus shall be in the county:
801.50(4)(a)
(a) Where the plaintiff was convicted or sentenced if the action seeks relief from a judgment of conviction or sentence under which the plaintiff's liberty is restrained.
801.50(4)(b)
(b) Where the liberty of the plaintiff is restrained if the action seeks relief concerning any other matter relating to a restraint on the liberty of the plaintiff.
801.50(4m)
(4m) Venue of an action to challenge the apportionment of any congressional or state legislative district shall be as provided in
s. 751.035. Not more than 5 days after an action to challenge the apportionment of a congressional or state legislative district is filed, the clerk of courts for the county where the action is filed shall notify the clerk of the supreme court of the filing.
801.50(5)
(5) Venue of an action for certiorari to review a probation, extended supervision, or parole revocation, a denial by a program review committee under
s. 302.113 (9g) of a petition for modification of a bifurcated sentence, or a refusal of parole shall be the county in which the relator was last convicted of an offense for which the relator was on probation, extended supervision, or parole or for which the relator is currently incarcerated.
801.50(5c)
(5c) Venue of an action for certiorari brought by the department of corrections under
s. 302.113 (9) (d) or
302.114 (9) (d) to review a decision to not revoke extended supervision shall be in the county in which the person on extended supervision was convicted of the offense for which he or she is on extended supervision.
801.50(5p)
(5p) Venue of an environmental pollution action brought by a person who is not a resident of this state against a commission created under
s. 200.23 shall be in the county which contains the 1st class city that is located wholly or partially within the applicable district created under
s. 200.23.
801.50(5r)
(5r) Venue of an action under
s. 813.12 growing out of domestic abuse shall be in the county in which the cause of action arose, where the petitioner or the respondent resides or where the petitioner is temporarily living.
801.50(5s)
(5s) Venue of an action under
s. 813.122 or
813.125 shall be in the county in which the cause of action arose or where the petitioner or the respondent resides.
801.50(5t)
(5t) Except as otherwise provided in
ss. 801.52 and
971.223 (1) and
(2), venue in a civil action to impose a forfeiture upon a resident of this state for a violation of
chs. 5 to
12,
subch. III of ch. 13, or
subch. III of ch. 19, or for a violation of any other law arising from or in relation to the official functions of the subject of the investigation or any matter that involves elections, ethics, or lobbying regulation under
chs. 5 to
12,
subch. III of ch. 13, or
subch. III of ch. 19, shall be in circuit court for the county where the defendant resides. For purposes of this subsection, a person other than a natural person resides within a county if the person's principal place of operation is located within that county. This subsection does not affect which prosecutor has responsibility under
s. 978.05 (2) to prosecute civil actions arising from violations under
s. 971.223 (1).
