For Immediate Release
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Filing Papers by Fax
In the Matter of the Amendment of the Rules of Civil Procedure: Wis.
Stat. § 801.16(2) - Filing of Papers by Facsimile Transmission
Order 00-09
On Aug. 31, 2000, the director of state courts, on the recommendation
of the Committee of Chief Judges and District Court Administrators,
filed a petition requesting the amendment of Wis. Stat. § 801.16(2)
to limit to 15 pages the length of papers and documents filed by
facsimile transmission, unless an exception is granted, and to clarify
which papers filed by facsimile transmission constitute the official
court record.
IT IS ORDERED that a public hearing on the petition shall be held in
the Supreme Court Hearing Room, 119 Martin Luther King Jr. Blvd.,
Madison, Wis., on Jan. 16, 2001, at 9:30 a.m.
IT IS FURTHER ORDERED that the court's conference in the matter shall
be held promptly following the public hearing.
IT IS FURTHER ORDERED that notice of the hearing be given by
publication of a copy of this order and of the petition in the official
state newspaper once each week for three consecutive weeks and in an
official publication of the State Bar of Wisconsin not more than 60 days
nor less than 30 days before the date of the hearing.
Dated at Madison, Wis., this 26th day of Sept., 2000.
By the court:
Cornelia G. Clark, Clerk of Court
Petition
The Director of State Courts, on the recommendation of the Committee
of Chief Judges and District Court Administrators, hereby petitions the
court to amend Wis. Stat. § 801.16(2), governing the filing of
pleadings and other papers by facsimile transmission, pursuant to the
court's rulemaking authority under § 751.12.
These changes are designed to limit the length of most faxed filings,
allow exceptions to be approved by the judicial officer responsible for
the case, and clarify which copy is the official court record. No
changes are proposed in response to State v. Sorenson, 2000 WI 43 (May
26, 2000).
The committee requests that § 801.16(2) be amended to read as
follows:
§ 801.16. Filing.
(2). For papers that do not require a filing fee:
(a) A court may adopt a local rule, if it is approved by the chief
judge, that requires the use of a plain-paper facsimile machine and
permits the filing of those papers by facsimile transmission to the
clerk of circuit court at a telephone number designated by the court.
No document may exceed 15 pages in length unless an exception is
approved by the assigned judge or court commissioner on a case-by-case
basis.
(b) If no rule has been adopted under par. (a), a an
assigned judge or court commissioner may permit a party or
attorney in a specific matter to file those papers with the clerk of
circuit court by facsimile transmission to a plain-paper facsimile
machine only if there is compliance with par. (a).
(c) The party or attorney, by filing papers by facsimile
transmission, certifies that permission of the assigned judge or
court commissioner for filing by facsimile transmission has been
granted. If the court permits transmission of papers to a non-court
agency, party or company for the receipt, transmittal and delivery to
the court, the court shall accept the papers for filing only if there is
compliance with par. (a). Facsimile papers, upon receipt by the court,
are considered filed and are the official record of the court and may
not be substituted. No additional copies may be sent. The clerk of
circuit court shall discard any duplicate papers subsequently received
by the court. Papers filed by facsimile transmission are
considered filed when transmitted except that papers filed by
facsimile transmission completed after regular business hours of the
clerk of circuit court's office are considered filed the next
business day.
Respectfully submitted this 31st day of Aug., 2000.
J. Denis Moran, Director of State Courts
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