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 or guidance document 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, except that venue may be in any county within a 100-mile radius of the county seat of the county in which the petitioner resides or in any county in which the petitioner is temporarily living if the petitioner is any of the following:
801.50(5r)(f)
(f) A person who is currently or has been in a dating relationship, as defined in s.
813.12 (1) (ag), with or a person who has a child in common with a person listed in par.
(a),
(b),
(c), or
(d).
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, except that venue may be in any county within a 100-mile radius of the county seat of the county in which the petitioner resides or in any county in which the petitioner is temporarily living if the petitioner is any of the following:
801.50(5s)(f)
(f) A person who is currently or has been in a dating relationship, as defined in s.
813.12 (1) (ag), with or a person who has a child in common with a person listed in par.
(a),
(b),
(c), or
(d).
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).
801.50(5v)(b)
(b) The county in which a court order requiring the respondent to submit a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis was entered.
801.50(5v)(c)
(c) The county in which any court proceeding was held that resulted in a requirement that the respondent submit a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis.
801.50 History
History: 1983 a. 204,
228,
389,
538;
1985 a. 234,
291;
1987 a. 208;
1993 a. 318,
319;
1997 a. 283;
1999 a. 150 s.
672;
2001 a. 30 s.
108;
2001 a. 109;
2007 a. 1;
2009 a. 28,
42,
261;
2011 a. 21,
38,
39,
61;
2017 a. 302,
369.
801.50 Cross-reference
Cross-reference: See s.
813.02 (4) for exception to sub. (1) as to venue.
801.50 Note
Judicial Council Note, 1983: Sub. (1) is designed to separate questions of venue from questions of jurisdiction and competency. A defect in venue is not jurisdictional and does not affect the competence of the court. The cure for a defect in venue is to change the place of trial.
801.50 Note
Sub. (2) liberalizes the present venue statute by providing the plaintiff with a broader range of initial venue choices. This subsection also deletes many of the archaic distinctions in the former statute.
801.50 Note
The following list contains many, but not all, of the specialized venue provisions not found in chapter 801: s. 48.185 (children's code proceedings); s. 48.83 (adoption of minors); s. 51.45 (13) (n) (civil mental commitments); s. 52.10 (11) (proceedings under the uniform reciprocal enforcement of support act) [s. 52.10 (11) was renumbered s. 767.65 (11) and subsequently repealed by
1993 Wis. Act 326, which created ch. 769, the uniform interstate family support act]; s. 77.12 (forest croplands tax act); s. 111.60 (Wisconsin employment relations act); s. 144.73 (4) [now s. 291.95 (4)] (hazardous waste act); s. 185.44 (1) (cooperative contracts); s. 195.07 (railroad regulation act); s. 196.44 (3) (public utilities regulation act); s. 198.12 (2) (municipal power and water district act); s. 215.02 (5) (savings and loan association act); s. 227.16 (1) (administrative procedure act); s. 232.38 (solid waste recycling authority act); s. 234.22 (housing finance authority act); s. 345.31 (motor vehicle act); s. 421.401 (Wisconsin consumer act); s. 645.04 (1) (insurers rehabilitation and liquidation act); [s. 655.19 (health care liability and patients compensation)]; s. 701.14 (4) (living trusts); s. 752.21 (court of appeals); s. 753.065 (naturalization proceedings); s. 757.89 (Wisconsin judicial commission); s. 776.13 (annulment of corporate charters); s. 779.20 (log liens); s. 799.11 (small claims actions); s. 800.15 (municipal court appeals); s. 880.05 (guardianship actions); s. 882.03 (adult adoptions); s. 971.19 (criminal proceedings); s. 979.01 (inquests of the dead); s. 23.90 (conservation act); s. 45.50 (3) (soldiers and sailors civil relief); and s. 753.34 (5) (Menominee and Shawano counties).
801.50 Note
Sub. (3) remains the same in substance.
801.50 Note
Subs. (4) and (5) remain unchanged.
801.50 Note
Sub. (6) recognizes the authority of the judge to change venue under s. 801.52. [Bill 324-S]
801.50 Annotation
“Substantial business" under sub. (2) (c) is discussed. Enpro Assessment Corp. v. Enpro Plus, Inc.
171 Wis. 2d 542,
492 N.W.2d 325 (Ct. App. 1992).
801.50 Annotation
“Where the liberty of the plaintiff is restrained" under sub. (4) (b) is the county where the plaintiff is confined. State ex rel. Frederick v. McCaugherty,
173 Wis. 2d 222,
496 N.W.2d 327 (Ct. App. 1992).
801.50 Annotation
A certiorari proceeding to review a probation revocation must be heard in the circuit court of conviction, but it need not be heard by the same branch. Drow v. Schwarz,
225 Wis. 2d 362,
592 N.W.2d 623 (1999),
97-1867.
801.50 Annotation
Sections 801.50 and 801.51, the general venue statutes, do not apply to actions arising from consumer credit transactions. Rather, the venue provision in s. 421.401 applies. Brunton v. Nuvell Credit Corporation,
2010 WI 50,
325 Wis. 2d 135, 785 N. W. 2d 302,
07-1253.
801.50 Annotation
By requiring that a petitioner file its petition in the petitioner's county of residence, s. 227.53 (1) (a) 3. does not conflict with or negate the petitioner's ability to designate venue under sub. (3) (a). When a plaintiff designates the county for circuit court venue under sub. (3) (a), it means that the plaintiff is specifying venue, not choosing it. Even when s. 227.53 (1) (a) 3. eliminates any opportunity to choose a county, the plaintiff still designates venue within the meaning of sub. (3) (a). DNR v. Wisconsin Court of Appeals, District IV,
2018 WI 25,
380 Wis. 2d 354,
909 N.W.2d 114,
16-1980.
801.50 Annotation
Another venue “is specifically authorized by law" under sub. (3) (a) only when venue is lawfully transferred to a county different from the one designated by the plaintiff. After
2011 Wis. Act 61, the “unless" clause in sub. (3) (a) serves only as a mechanism by which to oust the plaintiff's venue designation. DNR v. Wisconsin Court of Appeals, District IV,
2018 WI 25,
380 Wis. 2d 354,
909 N.W.2d 114,
16-1980.
801.50 Annotation
Wisconsin's revised venue statutes. Fullin, WBB September, 1984.
801.51
801.51
Challenges to improper venue. Any party may challenge venue, on the grounds of noncompliance with s.
801.50 or any other statute designating proper venue, by filing a motion for change of venue:
801.51(1)
(1) At or before the time the party serves his or her first motion or responsive pleading in the action.
801.51(2)
(2) After the time set forth in sub.
(1), upon a showing that despite reasonable diligence, the party did not discover the grounds therefor at or before that time.
801.51 History
History: 1983 a. 228.
801.51 Note
Judicial Council Note, 1983: This section sets forth the procedure for challenging the plaintiff's initial choice of venue on the grounds that it fails to comply with the provisions of s. 801.50 or any other statute specifying proper venue. The former statute's 2-stage proceeding was unnecessary and tended to create confusion for unwary litigants. [Bill 324-S]
801.51 Annotation
Sections 801.50 and 801.51, the general venue statutes, do not apply to actions arising from consumer credit transactions. Rather, the venue provision in s. 421.401 applies. Brunton v. Nuvell Credit Corporation,
2010 WI 50,
325 Wis. 2d 135,
785 N.W.2d 302,
07-1253.
801.52
801.52
Discretionary change of venue. The court may at any time, upon its own motion, the motion of a party or the stipulation of the parties, change the venue to any county in the interest of justice or for the convenience of the parties or witnesses, except that venue in a civil action to impose a forfeiture 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, may be changed only as provided in s.
971.223 (1) and
(2) or in the same manner that is authorized for a change in the venue of a criminal trial under s.
971.22. This section does not apply to proceedings under ch.
980.
801.52 Note
Judicial Council Note, 1983: This section authorizes grounds for changing venue beyond the failure to comply with s. 801.50. It permits the court to apply traditional forum non conveniens principles to requests for discretionary change of venue. The court has discretion to change venue to any county in the state. [Bill 324-S]
801.53
801.53
Determination of motion for change of venue. Motions under ss.
801.51 and
801.52 shall be determined on the basis of proofs submitted by the parties unless the court orders a hearing or oral argument. Oral argument shall be heard by telephonic conference unless the court otherwise orders for cause shown.
801.53 History
History: 1983 a. 228.
801.53 Note
Judicial Council Note, 1983: The provisions of the prior statute are revised in new s. 801.51. Motions under s. 801.51 are rarely contested and usually decided on affidavit. As on other nonevidentiary motions, oral argument should, if desired, be heard by 3-way or conference telephone call. Motions under s. 801.52, while requiring a factual foundation, usually are based not on dispute of fact but on balance of equities. Unless good cause to the contrary is advanced, arguments should be heard by 3-way or telephonic conference call. [Bill 324-S]
