809.80 Rule (Filing and service of documents by traditional methods).

1,216 words·~6 min read·/wi/chapter-809/809-80-2

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

(1)Filing by traditional methods. A person who is not an electronic filing user, as defined in s. 809.01

(33), shall file a paper copy of any document required to be filed by these rules with the clerk of the court unless a different place of filing is expressly required or permitted by statute or rule. The clerk of the court is located at 110 E. Main Street, Madison, Wisconsin 53703. The mailing address for the clerk of the supreme court and the court of appeals is P.O. Box 1688, Madison, Wisconsin 53701-1688.

(2)Service by traditional methods.

(a)In this subsection, “service by traditional methods” means service in the manner provided in s. 801.14

(1),

(2),

(2m), and

(4)of any document required or authorized under these rules to be filed in a trial or appellate court.

(bm)A party initiating a proceeding under s. 809.51 , 809.70 or 809.71 shall serve a petition and memorandum on all parties by traditional methods.

(c)Except as provided in par.

(bm), a paper party may initiate a proceeding in the appellate courts without serving electronic filing users by traditional methods. The clerk of the circuit or appellate court shall promptly enter filed documents into the electronic filing system and generate a notice of docketing. Service on electronic filing users shall be as provided in s. 809.10 , 809.11 , 809.14 , 809.32 , 809.50 , 809.60 , or 809.62 .

(d)A paper party may file subsequent documents in the appellate courts without serving electronic filing users by traditional methods. The clerk of the circuit or appellate court shall image the documents and promptly enter the documents into the electronic filing system. The notice of activity generated by the entry shall constitute service on the electronic filing users in the case as provided in ss. 801.18

(d)and 809.801

(d).

(e)Paper parties shall be served by traditional methods. Paper parties shall serve other paper parties by traditional methods.

(3)Time of filing by traditional methods.

(a)All filings — general rule. Except as provided in pars.

(b)to

(e), filing by traditional methods is not timely unless the clerk receives the paper documents within the time fixed for filing. Filing may be accomplished by hand delivery, mail, or by courier. Filing by facsimile is permitted only as set forth in s. 801.16

(a)to

(f)and the rules and directives governing facsimile filing in the court of appeals and supreme court. Documents completing transmission after 11:59 p.m. central time are considered filed the next business day the clerk’s office is open.

(b)Brief or appendix — general rule. Except as provided in par.

(c), a brief or appendix is timely filed if, on or before the last day of the time fixed for filing, it is correctly addressed and:

1. Deposited in the United States mail for delivery to the clerk by first-class mail, or other class of mail that is at least as expeditious, postage pre-paid; or

2. Delivered to a 3rd-party commercial carrier for delivery to the clerk within 3 calendar days.

(c)Pro se brief or appendix from person confined in institution — special rule. A pro se brief or appendix from a person confined in an institution is timely filed if the brief or appendix is correctly addressed and delivered to the proper institution authorities for mailing on or before the last day of the time fixed for filing. A confined person who mails a brief or appendix under this subsection shall also file a certification or affidavit setting forth the date on which the document was delivered to the proper institution authorities for mailing.

(d)Petition for review — general rule. Except as provided in par.

(e), a petition for review is timely filed only if the clerk actually receives the petition within the time fixed for filing.

(e)Pro se petition for review from person confined in institution — special rule. The 30-day time limit for the clerk’s receipt of a pro se petition for review filed by a person confined in an institution is tolled on the date that the confined person delivers a correctly addressed petition to the proper institution authorities for mailing. The confined person shall also file a certification or affidavit setting forth the date on which the petition was delivered to the proper institution authorities for mailing.

(4)Proof of filing date for brief or appendix filed by traditional methods.

(a)When a brief or appendix is filed by mail or commercial carrier in accordance with s. 809.80

(b), the person filing the document shall include a certification or affidavit setting forth the date and manner by which the document was mailed or delivered to a 3rd-party commercial carrier.

(b)If a certification or affidavit is included, the clerk’s office shall consider the brief or appendix filed on the date of mailing or delivery set forth in the certification or affidavit. If no certification or affidavit is included, the date of filing shall be the date on which the brief or appendix is received by the clerk’s office.

(c)The date shown on a postage meter does not establish that the document was mailed on that date.

(5)Clerk review. The clerk may review a document for compliance with rule requirements relating to form, including caption, format, length, and confidentiality, to determine if the electronic document should be accepted for filing. If the clerk rejects the document following review, the filer shall receive notification of the rejection. The filer may be required to resubmit the document.

(6)Printing specifications. When paper copies of briefs or appendices in cases are required to be filed or served, the briefs or appendices shall be printed, typed, duplicated or reproduced by a process that produces a clear, black image of the text on white paper, in conformity with this chapter.

809.80 Note Judicial Council Committee’s Note, 1978: The prior requirement of an affidavit of service is eliminated. The provision of the Rules of Civil Procedure that the filing of a paper is a certification that the paper has been served is adopted. [Re Order effective July 1, 1978]

809.80 Note Judicial Council Note, 1986: Sub.

(b)does not change the existing service rules; it is intended to consolidate and clarify the procedure specified by ss. 59.47 (7), 165.25

(1)and 752.31

(2)and (3). [Re Order effective July 1, 1986]

809.80 Note Judicial Council Note, 2001: Subsection

(1)was amended to provide the correct address of the clerk of the supreme court and court of appeals. [Re Order No. 00-02 effective July 1, 2001]

809.80 Note Judicial Council Note, 2002: Subsections

(3)through

(4)are new, and are taken largely from the Federal Rules of Appellate Procedure, Rule 25. Under the former rules, a brief was not filed until the clerk physically received it, regardless of when the brief may have been mailed. Because a party outside the Madison area had to allow time for postal or courier delivery, briefing periods were often adversely affected merely to ensure that a brief was actually received by the clerk before the expiration of the filing deadline.