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State Codes and Statutes

Statutes > Wisconsin > 809 > 809.70

809.70

SUBCHAPTER VII
ORIGINAL JURISDICTION PROCEDURE
IN SUPREME COURT
809.70 Rule (Original action).

809.70(1)

(1) A person may request the supreme court to take jurisdiction of an original action by filing a petition which may be supported by a memorandum. The petition must contain all of the following:

809.70(1)(a)

(a) A statement of the issues presented by the controversy.

809.70(1)(b)

(b) A statement of the facts necessary to an understanding of the issues.

809.70(1)(c)

(c) A statement of the relief sought.

809.70(1)(d)

(d) A statement of the reasons why the court should take jurisdiction.

809.70(2)

(2) The court may deny the petition or may order the respondent to respond and may order oral argument on the question of taking original jurisdiction. The respondent shall file a response, which may be supported by a memorandum, within 14 days after the service of the order.

809.70(3)

(3) The court, upon a consideration of the petition, response, supporting memoranda and argument, may grant or deny the petition. The court, if it grants the petition, may establish a schedule for pleading, briefing and submission with or without oral argument.

809.70 – ANNOT.

History: Sup. Ct. Order, 83 Wis. 2d xiii (1978); 1995 a. 225; Sup. Ct. Order No. 00-02, 2001 WI 39, 242 Wis. 2d xxvii.

809.70 – ANNOT.

Judicial Council Note, 2001: The time limit in sub. (2) was changed from 10 to 14 days. Please see the comment to s. 808.07. [Re Order No. 00-02 effective July 1, 2001]