801.18 Note NOTE: Sup. Ct. Order No. 20-07 states that “the Comments to the statutes created pursuant to this order are not adopted, but will be published and may be consulted for guidance in interpreting and applying the rule.”

801.18 Note Comments, 2021

801.18 Note The definitions of sub. (1) now incorporate language consistent with the adoption of appellate eFiling and use current electronic filing terminology.

801.18 Note Sub. (2) (k) is also included in the appellate eFiling rule, s. 809.801 (2) (k), to support consistent interpretation of the two rules.

801.18 Note Sub. (3) (a) mandates that three types of filers participate in the electronic filing system. An exception for attorneys representing themselves was previously included in this rule at the request of a single attorney who theorized that electronic filing might be difficult for an attorney not in private practice. Experience has shown that electronic filing is straightforward to use, with minimal technical impediments and expense, so this exception is deleted.

801.18 Note Sub. (4) (f) adds a provision codifying Douglas v. Dewey, 147 Wis. 2d 328, 338, 433 N.W.2d 243 (1989) and Rome v. Betz, 120 Wis.2d 528, 355 N.W.2d 844 (Ct. App. 1984), holding that payment of the appellate filing fee and circuit court transmittal fee are not prerequisites to filing a notice of appeal.

801.18 Note Sub. (12) (a) tightens the definition of signature used by the current circuit court rule to provide a consistent signature format. Traditional handwritten signatures may also be used. Either form of signature provides the level of accountability to client and court called for by these rules.

801.18 Annotation Under sub. (4) (a) and (c) and sub. (4) (e) [now sub. (4) (am)], the date of submission by the litigant to the e-filing system and not the date of acceptance by the clerk is the presumed “filing” date. There are caveats to this presumption. First, the file must later be accepted by the clerk, but there is no deadline for the clerk to accept the file. Further, there are expectations built into this presumption that the “filing” date stamp on the document is the submission date no matter when the clerk accepts the document and that a litigant will receive a confirmation as a proof of filing. Nevertheless, it is still true under e-filing that the date stamped on the document does not speak conclusively to the date of filing. State v. Aderemi, 2023 WI App 8, 406 Wis. 2d 132, 986 N.W.2d 306, 21-1445.

801.18 Annotation Paperless Courts: E-Filing in Wisconsin Circuit Courts. Bousquet & Vandercook. Wis. Law. July 2008.

801.18 Annotation Are You Ready? Mandatory E-filing in Effect July 1. Bousquet & Vandercook. Wis. Law. June 2016.

801.19 801.19 Protected information in circuit court records.

801.19(1) (1) Definitions. In this section:

801.19(1)(a) (a) “Protected information” means any of the following contained in a circuit court record:

801.19(1)(a)1. 1. A social security number.

801.19(1)(a)2. 2. An employer or taxpayer identification number.

801.19(1)(a)3. 3. A financial account number.

801.19(1)(a)4. 4. A driver license number.

801.19(1)(a)5. 5. A passport number.

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.