§ 809.51 — Rule (Supervisory writ and original jurisdiction to issue prerogative writ).

Wisconsin § 809.51

• Jurisdiction: Wisconsin
• Ch. 809: Rules of appellate procedure
• Subch.: subch. V of ch. 809 SUBCHAPTER V

Text

809.51
809.51(1) (1) A person may request the court to exercise its supervisory jurisdiction or its original jurisdiction to issue a prerogative writ over a court and the presiding judge, or other person or body, by filing a petition and supporting memorandum. The petition shall be served on each party and proposed respondent, and, if applicable, upon the originating court or tribunal, by traditional methods as provided in s. 809.80 (2) . The petition and memorandum combined may not exceed 35 pages if a monospaced font or handwriting is used, or 8,000 words if a proportional serif font is used. The petitioner shall name as respondents the court and judge, or other person or body, and all other parties in the action or proceeding. The petition shall contain:
809.51(1)(a) (a) A statement of the issues presented by the controversy;
809.51(1)(b) (b) A statement of the facts necessary to an understanding of the issues;
809.51(1)(c) (c) The relief sought; and
809.51(1)(d) (d) The reasons why the court should take jurisdiction.
809.51(1m) (1m) The clerk of the court of appeals shall docket the petition upon receipt of the items referred to in sub. (1) . The clerk shall assign a case number, create a notice that the petition has been docketed, transmit the notice of docketing to the clerk of circuit court if applicable, and send the notice of docketing to the parties by traditional methods.
809.51(2) (2) The court may deny the petition ex parte or may order the respondents to file a response with a supporting memorandum, if any, and may order oral argument on the merits of the petition. The response and memorandum combined may not exceed 35 pages if a monospaced font or handwriting is used, or 8,000 words if a proportional serif font is used. The respondents shall respond with supporting memorandum within 14 days after service of the order. A respondent may file a letter stating that the respondent does not intend to file a response, but the petition is not thereby admitted.
809.51(3) (3) The court, upon a consideration of the petition, responses, supporting memoranda and argument, may grant or deny the petition or order such additional proceedings as it considers appropriate. Costs and fees may be awarded against any party in a writ proceeding.
809.51(4) (4) A person filing a petition or response under this section shall file with the petition or response a certification setting forth the word count or page count of the document as provided in sub. (1) or (2) .
[Note: 809.51 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.”]

Legislative History

809.51 History History: Sup. Ct. Order, 83 Wis. 2d xiii (1978); Sup. Ct. Order, 104 Wis. 2d xi (1981); Sup. Ct. Order, 151 Wis. 2d xix (1981); Sup. Ct. Order, 164 Wis. 2d xxix (1991); Sup. Ct. Order, 171 Wis. 2d xxxv (1992); Sup. Ct. Order No. 93-20 , 179 Wis. 2d xxv (1993); Sup. Ct. Order No. 00-02 , 2001 WI 39, 242 Wis. 2d xxvii; Sup. Ct. Order No. 20-07 , 2021 WI 37, 397 Wis. 2d xiii.