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LRB-4278/1
SWB:emw
2021 - 2022 LEGISLATURE
November 24, 2021 - Introduced by Representatives Tusler, Snyder and J.
Rodriguez
, cosponsored by Senator Wimberger. Referred to Committee on
Family Law.
AB723,1,2 1An Act to repeal and recreate 767.17 of the statutes; relating to: procedures
2for de novo review in actions affecting the family.
Analysis by the Legislative Reference Bureau
This bill establishes specific procedures and parameters for seeking de novo
review of a court commissioner's determination, order, or ruling in an action affecting
the family. The bill maintains current law standards that allow a party to have a
determination, order, or ruling of a circuit court commissioner reviewed by the circuit
court judge of the branch to which the case is assigned by holding a hearing de novo,
but the bill adds specific requirements for the review. Under the bill, a party must
be present at the hearing in order to seek a de novo review, and de novo review does
not apply to any stipulations entered into between the parties. The bill provides that
a notice requesting a hearing de novo does not stay a court commissioner's order
unless the court specifically grants a stay of that order.
Under the bill, a party must file a motion for a hearing de novo within 20
calendar days of the court commissioner's oral ruling or, if there was no oral ruling,
within 20 calendar days of the mailing of the commissioner's written decision or
order. With the exception of certain rulings involving relocating a child's residence,
the court must hold a hearing de novo no later than 60 days from the date the motion
for a hearing de novo is filed.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB723,1
1Section 1. 767.17 of the statutes is repealed and recreated to read:
AB723,2,11 2767.17 De novo review. (1) Right to de novo review. Any decision of a circuit
3court commissioner under this chapter shall be reviewed by the judge of the branch
4of court to which the case has been assigned, upon motion of any party. Any
5determination, order, or ruling by a circuit court commissioner under this chapter
6may be certified to the branch of court to which the case has been assigned, upon a
7motion of any party for a hearing de novo. A party is required to be present at the
8hearing in order to seek a de novo review. The right to seek a de novo review does
9not apply to stipulations entered into between the parties. Notices requesting a
10hearing de novo will not stay the order unless the trial court specifically grants a stay
11of the order.
AB723,2,19 12(2) Time limits. If a party seeks to have the trial court conduct a hearing de novo
13of a determination, order, or ruling entered by a court commissioner in an action
14affecting the family under this chapter, the party shall file a motion for a hearing de
15novo within 20 calendar days of the oral decision of the court commissioner or within
1620 calendar days of the mailing of a written decision or order by the court
17commissioner if the decision or order was not given orally by the court commissioner
18at the time of the hearing. As set forth under s. 801.15 (1), 20 calendar days are
19counted consecutively and include weekends and holidays.
AB723,2,22 20(3) Hearing. The court shall hold a hearing de novo no later than 60 days from
21the date of the filing of the motion under this section, except as otherwise required
22under s. 767.481.
AB723,2,2323 (End)
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