801.16(2)(c) (c) If the facsimile transmission exceeds 15 pages or is filed in the absence of a local rule, the party or attorney shall certify that the assigned judge or court commissioner has approved the facsimile transmission.

801.16(2)(d) (d) If papers are transmitted to a plain-paper facsimile machine of a noncourt agency, party, or company for the receipt, transmittal, and delivery to the clerk of circuit court, the clerk of circuit court shall accept the papers for filing only if the transmission complies with the local rule or has been approved by the assigned judge or court commissioner and certified by the party or attorney.

801.16(2)(e) (e) Facsimile papers are considered filed upon receipt by the clerk of circuit court and are the official record of the court and may not be substituted. No additional copies may be sent. The clerk of circuit court shall discard any duplicate papers subsequently received by the clerk of circuit court, assigned judge, or court commissioner.

801.16(2)(f) (f) Papers filed with the circuit court by facsimile transmission completed after regular business hours of the clerk of circuit court’s office are considered filed on a particular day if the submission is made by 11:59 p.m. central time, as recorded by the court facsimile machine, so long as it is subsequently accepted by the clerk upon review. The expanded availability of time to file shall not affect the calculation of time under other statutes, rules, and court orders. Documents submitted by facsimile transmission completed after 11:59 p.m. are considered filed the next day the clerk’s office is open.

801.16 History History: Sup. Ct. Order, 161 Wis. 2d xvii (1991); Sup. Ct. Order No. 94-11, 187 Wis. 2d xxiii (1994); Sup. Ct. Order No. 00-09, 2001 WI 33, 241 Wis. 2d xix; Sup. Ct. Order No. 14-03, 2016 WI 29, 368 Wis. 2d xiii; Sup. Ct. Order No. 14-03A, 2016 WI 80, 370 Wis. 2d xxxiii; 2017 a. 365 s. 111.

Effective date note Judicial Council Note, 1991: Sub. (2) clarifies that papers (other than those requiring a filing fee) may be filed by facsimile transmission to the judge or clerk, if a local court rule, or the judge in a specific matter, so permits. [Re Order eff. 7-1-91.]

801.16 Note NOTE: Sup. Ct. Order No. 14-03 states: “The Comments to the statutes and to the supreme court rules created pursuant to this order are not adopted, but will be published and may be consulted for guidance in interpreting and applying the rule.”

801.16 Note Comment, 2016: Sub. (2) (f) is a change to circuit court law and practice. Under prior law, fax filings were required to arrive at the office of the clerk of court before the end of the regular business day in order to be considered filed on that day. In contrast, the mandatory electronic filing statute, s. 801.18 (4) (e), allows any filing made before midnight to be considered filed on that day. After July 1, 2016, parties who do not use the electronic filing system are given the advantage of the extended filing hours.

801.16 Annotation A notice of appeal does not require a filing fee and may be filed by facsimile transmission under sub. (2). State v. Sorenson, 2000 WI 43, 234 Wis. 2d 648, 611 N.W.2d 240, 98-3107.

801.16 Annotation Under sub. (1), the filing of pleadings and other papers with the court shall be made by filing them with the clerk of circuit court. The circuit court should have rejected an affidavit and proposed order submitted by a child support agency that was submitted directly and exclusively to the judge. Meyer v. Teasdale, 2009 WI App 152, 321 Wis. 2d 647, 775 N.W.2d 123, 08-2827.

801.18 801.18 Electronic filing.

801.18(1) (1) Definitions. In this section:

801.18(1)(a) (a) “Clerk of court” or “clerk” means the official circuit court recordkeeper for the case in question, which may be the clerk of circuit court, juvenile clerk, or register in probate for that county.

801.18(1)(b) (b) “Converted” means that all documents in a paper case file have been imaged by the clerk of court and the case file is available to accept filings via the electronic filing system.

801.18(1)(c) (c) “Director” means the director of state courts.

801.18(1)(d) (d) “Document” means a pleading, notice of appeal, petition, writ, form, notice, motion, order, affidavit, exhibit, brief, judgment, opinion, writ of execution, or other filing in an action or proceeding.

801.18(1)(e) (e) “Electronic filing system” means an Internet-accessible system established by the director for the purpose of filing documents in a circuit court, automatically integrating them into the court case management system, and electronically serving them on the parties.

801.18(1)(f) (f) “Electronic signature” means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the document. To be considered electronically signed, a document must be submitted by or on behalf of a user through the electronic filing system. An electronic signature shall state “Electronically signed by” followed by the name of the signatory, and shall be placed where the person’s signature would otherwise appear. “Electronic signature” includes only those signature technologies specifically approved by the director.

801.18(1)(g) (g) “Filing agent” means a person authorized under s. 799.06 (2) to appear on behalf of another.

801.18(1)(h) (h) “High-volume filing agent” means a person authorized under s. 799.06 (2) who appears on behalf of an entity filing 10 or more actions per calendar year in the county where the action is being filed.

801.18(1)(i) (i) “Imaged document” means an electronic copy of a document originally created or submitted on paper.

801.18(1)(j) (j) “Initiating document” means a summons and complaint, petition, application, citation, criminal complaint, notice of appeal, or any other document filed to commence a court action or proceeding.

801.18(1)(k) (k) “Mandatory user” means a user who is subject to sub. (3) (a).

801.18(1)(kg) (kg) “Notice of activity” means a notice sent by the electronic filing system to alert the parties that there has been a new user, filing, or activity on the case.

801.18(1)(km) (km) “Opt in” means to agree to receive electronic service and file electronic documents on a particular case, after first registering for access to the electronic filing system.

801.18(1)(kr) (kr) “Opt out” means to cease participation as a voluntary user or to indicate withdrawal from the case as an attorney.

801.18(1)(L) (L) “Paper party” means a party who is not subject to sub. (3) (a) who chooses not to participate in the electronic filing system as described in sub. (3) (c).

801.18(1)(Lm) (Lm) “Registration” means entering into an agreement to access the electronic filing system prior to filing documents under sub. (3) (d) or s. 809.801 (3) (d).

801.18(1)(m) (m) “Traditional methods” means those methods of filing and serving documents, other than electronic filing, provided under statutes and local rules.