809.70 Rule (Original action).

336 words·~2 min read·/wi/chapter-809/809-70-5

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

(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 shall be served on each party and proposed respondent by traditional methods as provided in s. 809.80

(2). The petition must contain all of the following:

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

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

(c)A statement of the relief sought.

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

(1m)The clerk of court 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, and send the notice to the parties by traditional methods.

(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.

(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 Note 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]

809.70 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.”

809.70 Note Comment, 2021: A proceeding under this section is a new action that must be served on the respondents by the initiating parties using traditional methods.