809.62 Rule (Petition for review).

581 words·~3 min read·/wi/chapter-809/809-62

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1g)Definitions. In this section:

(a)“Adverse decision” means a final order or decision of the court of appeals, the result of which is contrary, in whole or in part, to the result sought in that court by any party seeking review.

(b)“Adverse decision” includes the court of appeals’ denial of or failure to grant the full relief sought or the court of appeals’ denial of the preferred form of relief.

(c)“Adverse decision” does not include a party’s disagreement with the court of appeals’ language or rationale in granting a party’s requested relief.

(1m)General rule; time limits.

1. A party may file with the supreme court a petition for review of an adverse decision of the court of appeals pursuant to s. 808.10 . The clerk shall docket the petition for review in the supreme court and notify the parties that the petition has been filed.

2. For electronic filing users in the court of appeals proceeding, the notice of activity constitutes service of the petition and provides notification that the petition is pending before the supreme court. Where service on the attorney general is required by s. 809.802

(1), service shall be made as provided in s. 809.802

(2). The clerk shall serve the notice of docketing on paper parties by traditional methods. The petitioner shall serve the petition for review on paper parties by traditional methods.

(b)If a motion for reconsideration has been timely filed in the court of appeals under s. 809.24

(1), no party may file a petition for review in the supreme court until after the court of appeals issues an order denying the motion for reconsideration or an amended decision.

(c)If a motion for reconsideration is denied and a petition for review had been filed before the motion for reconsideration was filed, and if the time for filing a response to the petition had not expired when the motion for reconsideration was filed, a response to the petition may be filed within 14 days of the order denying the motion for reconsideration.

(d)If the court of appeals files an amended decision in response to the motion for reconsideration under s. 809.24

(1), any party who filed a petition for review prior to the filing of the motion for reconsideration must file with the clerk of the supreme court a notice affirming the pending petition, a notice withdrawing the pending petition, or an amendment to the pending petition within 14 days after the date of the filing of the court of appeals’ amended decision.

(e)After the petitioning party files a notice affirming or withdrawing the pending petition or an amendment to the pending petition under par.

(d), the responding party must file a response to the notice or amendment within 14 days after service of the notice or amendment. The response may be an affirmation of the responding party’s earlier response or a new response.

(1r)Criteria for granting review. Supreme court review is a matter of judicial discretion, not of right, and will be granted only when special and important reasons are presented. The following, while neither controlling nor fully measuring the court’s discretion, indicate criteria that will be considered:

(a)A real and significant question of federal or state constitutional law is presented.

(b)The petition for review demonstrates a need for the supreme court to consider establishing, implementing or changing a policy within its authority.