809.801 Rule (Appellate electronic filing).

692 words·~3 min read·/wi/chapter-809/809-801-2

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

(1)Definitions. The definitions in s. 809.01 apply in this section.

(2)Effective date; applicability.

(a)At the direction of the supreme court, the director shall implement an electronic filing system for the Wisconsin supreme court and court of appeals. The requirements of this section shall govern the electronic filing of documents in all types of actions and proceedings in the appellate courts.

(b)At the direction of the supreme court, mandatory use of the electronic filing system shall be phased in according to a schedule set by the director until the system has been fully implemented. Information about the transition schedule shall be made readily available to the public in advance of its application.

(c)Subject to the schedule in par.

(b), mandatory users shall be required to use the appellate court electronic filing system for all new filings covered by the schedule. Electronic filing shall be required for all new actions and proceedings brought in the court of appeals and the supreme court, and for all new documents submitted in previously filed cases, except as otherwise provided in this section.

(e)Electronic filing is limited to methods specifically approved by the director. The director may enter into an agreement with any state agency to allow electronic filing through a custom data exchange between the court case management system and the agency’s automated information system. Parties using a custom data exchange are considered mandatory users and are subject to the requirements of this section.

(f)The procedures in this section shall be interpreted in a manner consistent with existing procedures. This section is not intended to limit the director’s approval of new technologies that accomplish the same functions.

(g)All judicial officers, the clerk of court, and all court staff shall cooperate and assist with the implementation of electronic filing.

(h)This section does not apply to documents required by law to be filed with court officials that are not filed in an action before the court. These documents may be filed by traditional methods unless otherwise required.

(k)The procedures under this section are intended to be consistent with the procedures governing electronic filing and service in the circuit courts under s. 801.18 . The circuit and appellate court electronic filing and service rules shall be interpreted consistently to the extent practicable.

(3)Registration requirements.

(a)The following individuals shall register for access to the electronic filing system prior to filing documents:

1. Licensed Wisconsin attorneys.

2. Attorneys appearing under SCR 10.03 (4).

3. High-volume filing agents.

(b)Parties who are not subject to par.

(a)may voluntarily register to use the electronic filing system.

(c)Except as otherwise provided, a party not subject to par.

(a)who does not choose to participate in the electronic filing system under par.

(b)shall file, serve, and receive paper documents by traditional methods.

(d)All users shall register through the electronic filing system by executing a user agreement governing the system’s terms of use. To register, users must have the capability to produce, file, and receive electronic documents meeting the technical requirements of the electronic filing system. The electronic filing system shall make information on the technical requirements for filing readily available. By registering, users agree to electronically file all documents to the extent the electronic filing system can accept them. Users shall promptly provide notice through the electronic filing system of any change in the information provided for registration.

(e)Upon completion of a properly executed user agreement under par.

(d), the electronic filing system shall provide the user with a confidential, secure authentication procedure for access to the electronic filing system. This authentication procedure shall be used only by that user and by any agents or employees that the user authorizes. The same authentication procedure shall be used for all cases on which the user is an attorney or a party. The electronic filing system may reset authentication procedures as needed for administrative and security purposes. Upon learning that the confidentiality of the authentication procedure has been inadvertently or improperly disclosed, the user shall immediately report that fact through the electronic filing system.