Chapter 752

CHAPTER 752

COURT OF APPEALS

752.01   Jurisdiction.

752.02   Supervisory authority.

752.03   Number of judges.

752.04   Elections.

752.05   Administrative headquarters.

752.07   Chief judge.

752.11   Districts.

752.13   District I.

752.15   District II.

752.17   District III.

752.19   District IV.

752.21   Venue.

752.31   Disposition of cases.

752.35   Discretionary reversal.

752.37   Enforcement of judgments and determinations.

752.39   Referral of issues of fact.

752.41   Decisions.

752.61   State assumption of costs.

752.01 752.01 Jurisdiction.

752.01(1) (1) The court of appeals has appellate jurisdiction as provided by law.

752.01(2) (2) The court of appeals has original jurisdiction only to issue prerogative writs.

752.01(3) (3) The court of appeals may issue all writs necessary in aid of its jurisdiction.

752.01 History History: 1977 c. 187.

752.01 Annotation The court of appeals does not have jurisdiction to entertain an original action unrelated to its supervisory or appellate authority over circuit courts. State ex rel. Swan v. Elections Board, 133 Wis. 2d 87, 394 N.W.2d 732 (1986).

752.01 Annotation Jurisdiction of the Wisconsin Court of Appeals. Hazeltine. 69 MLR 545 (1986).

752.01 Annotation A Shift in the Bottleneck: The Appellate Caseload Problem Twenty Years After the Creation of The Wisconsin Court of Appeals. Gabrys. 1998 WLR 1547.

752.01 Annotation Wisconsin Court of Appeals: 1983 internal operating procedures. WBB Nov. 1983.

752.02 752.02 Supervisory authority. The court of appeals has supervisory authority over all actions and proceedings in all courts except the supreme court.

752.02 History History: 1977 c. 187.

752.02 Annotation The court of appeals is authorized to exercise its supervisory authority over a chief judge who is ruling on a substitution request. State ex rel. James L.J. v. Circuit Court, 200 Wis. 2d 496, 546 N.W.2d 460 (1996), 94-2043.

752.03 752.03 Number of judges. There shall be 16 court of appeals judges. Three judges shall be elected from the district specified in s. 752.17, 4 judges shall be elected from each of the 2 districts specified in ss. 752.13 and 752.15 and 5 judges shall be elected from the district specified in s. 752.19.

752.03 History History: 1977 c. 187; 1985 a. 29; 1989 a. 63; 1991 a. 32, 71; 1993 a. 16; 2007 a. 97.

752.04 752.04 Elections. Court of appeals judges shall be elected by district on an at-large basis for terms of 6 years. Terms shall commence on August 1 next succeeding each election and shall terminate on July 31. A court of appeals judge shall reside within the district in which he or she is elected. Only one court of appeals judge may be elected in a district in any year.

752.04 History History: 1977 c. 187.

752.05 752.05 Administrative headquarters. The court of appeals shall have administrative headquarters in Madison.

752.05 History History: 1977 c. 187.

752.07 752.07 Chief judge. The supreme court shall appoint a court of appeals judge to be the chief judge of the court of appeals for a term of 3 years.

752.07 History History: 1977 c. 187.

752.11 752.11 Districts.

752.11(1) (1) The court of appeals is divided into districts as follows:

752.11(1)(a) (a) District I consists of the judicial circuit for Milwaukee County.

752.11(1)(b) (b) District II consists of the judicial circuits for Kenosha, Racine, Walworth, Waukesha, Washington, Ozaukee, Sheboygan, Manitowoc, Fond du Lac, Green Lake, Winnebago and Calumet counties.

752.11(1)(c) (c) District III consists of the judicial circuits for Door, Kewaunee, Brown, Oconto, Marinette, Forest and Florence (a combined 2-county circuit), Outagamie, Menominee and Shawano (a combined 2-county circuit), Langlade, Marathon, Lincoln, Oneida, Vilas, Taylor, Price, Iron, Ashland, Bayfield, Sawyer, Rusk, Chippewa, Eau Claire, Trempealeau, Buffalo and Pepin (a combined 2-county circuit), Dunn, Pierce, St. Croix, Barron, Polk, Burnett, Washburn and Douglas counties.

752.11(1)(d) (d) District IV consists of the judicial circuits for Rock, Green, Jefferson, Dodge, Dane, Lafayette, Iowa, Grant, Richland, Crawford, Sauk, Columbia, Marquette, Waushara, Waupaca, Portage, Wood, Adams, Juneau, Jackson, Clark, Monroe, Vernon and La Crosse counties.

752.11(2) (2) The court shall hear cases in any city where it has chambers or where it is specifically required to sit and such other locations as the supreme court may designate by rule for the convenience of litigants.

752.11 History History: 1977 c. 187, 449.

752.13 752.13 District I. The court chambers for the court of appeals in district I are located in Milwaukee.

752.13 History History: 1977 c. 187.

752.15 752.15 District II. The court chambers for the court of appeals in district II are located in Waukesha. The court shall also sit in Fond du Lac and Racine.

752.15 History History: 1977 c. 187.

752.17 752.17 District III. The court chambers for the court of appeals in district III are located in Wausau. The court shall also sit in Eau Claire, Superior and Green Bay.

752.17 History History: 1977 c. 187.

752.19 752.19 District IV. The court chambers for the court of appeals in district IV are located in Madison. The court shall also sit in La Crosse and Stevens Point.

752.19 History History: 1977 c. 187.

752.21 752.21 Venue.

752.21(1) (1) Except as provided in sub. (2), a judgment or order appealed to the court of appeals shall be heard in the court of appeals district which contains the court from which the judgment or order is appealed.

752.21(2) (2) A judgment or order appealed from an action venued in a county designated by the plaintiff to the action as provided under s. 801.50 (3) (a) shall be heard in a court of appeals district selected by the appellant but the court of appeals district may not be the court of appeals district that contains the court from which the judgment or order is appealed.

752.21 History History: 1977 c. 187; 2011 a. 61.

752.21 Annotation A plaintiff designates the county for circuit court venue within the meaning of s. 801.50 (3) (a) when the plaintiff specifies venue. For purposes of sub. (2), even when s. 227.53 (1) (a) 3. eliminates any opportunity to choose a county, the plaintiff still designates venue within the meaning of s. 801.50 (3) (a). State ex rel. DNR v. Wisconsin Court of Appeals, 2018 WI 25, 380 Wis. 2d 354, 909 N.W.2d 114, 16-1980.

752.21 Annotation In this case, the lawsuit clearly related to the validity or invalidity of a rule or guidance document within the meaning of s. 801.50 (3) (b). It was likewise clear that the lawsuit remained within the confines of s. 801.50 (3) (b) even though the plaintiff sought injunctive relief in addition to declaratory relief. Because the claim for injunctive relief was completely dependent upon a favorable decision on the claim for declaratory relief, the action was quintessentially one for declaratory relief. Thus, venue was not also proper under s. 801.50 (3) (a) and did not trigger the appellate venue-shifting provision of sub. (2). State ex rel. Kormanik v. Brash, 2022 WI 67, 404 Wis. 2d 568, 980 N.W.2d 948, 22-1736.

752.31 752.31 Disposition of cases.

752.31(1) (1) Except as otherwise provided in this section, the court of appeals shall sit in panels of 3 judges to dispose of cases on their merits.

752.31(2) (2) Appeals to or other proceedings in the court of appeals in the following types of cases shall be decided as specified in sub. (3):

752.31(2)(a) (a) Cases under ch. 799.

752.31(2)(b) (b) Municipal ordinance violation cases.

752.31(2)(c) (c) Cases involving violations of traffic regulations, as defined in s. 345.20 (1) (b), or nonmoving traffic violations, as defined in s. 345.28 (1), and cases under s. 343.305 and ch. 351.

752.31(2)(d) (d) Cases under chs. 51 and 55.

752.31(2)(e) (e) Cases under chs. 48 and 938.

752.31(2)(f) (f) Misdemeanors.

752.31(2)(g) (g) Cases involving civil forfeitures.

752.31(2)(h) (h) Cases involving contempt of court under ch. 785.

752.31(3) (3) A case specified under sub. (2) shall be decided by one court of appeals judge, except that any party on appeal or other proceeding in the court of appeals may move in writing to the chief judge of the court of appeals that the case be decided by a 3-judge panel. The chief judge may grant or deny the request ex parte. Oral arguments permitted on any appeal which is decided by a single court of appeals judge may be heard by telephone or in the county where the case or action originated.

752.31(4) (4) If a request for a 3-judge panel is granted under sub. (3), the district attorney handling the case under s. 978.05 (5) shall transfer all necessary files and papers relating to the case to the attorney general.