Feb. 27, 2023 – On Feb. 21, 2023, the Wisconsin Supreme Court issued an order and a
revised interim rule (Order 19-02C and 20-07C) that will create a phased transition to mandatory e-filing in the Supreme Court over the next several months.
The first phase will be a large expansion of the e-filing pilot project that will allow nearly all matters filed in the Supreme Court after April 1, 2023, to become voluntary e-filing cases. The second phase, beginning July 1, 2023, will make e-filing mandatory for nearly all types of matters filed in the Supreme Court.
The Supreme Court has been inviting various types of cases to participate in the e-filing pilot project to ensure that the system conforms to its procedures. (Disciplinary and attorney regulatory matters have not been part of the pilot to date and will be transitioned to e-filing at a later date.)
The voluntary phase beginning April 1st will greatly increase the number of pilot cases to further test the system.
In the voluntary phase, any party in a case that will have an initial filing in the Supreme Court after April 1st can request participation in the e-filing pilot by obtaining agreement from all other parties and then sending an email request with the required information to the Clerk of the Supreme Court, at
clerk@wicourts.gov.
Attorneys can request participation in the pilot prior to filing a petition for review, an original action petition, or a writ petition. The Clerk will grant those requests expeditiously unless there is a reason that makes participation in the pilot unwarranted and will notify counsel (and pro se parties, if applicable) of inclusion in the pilot via email.
Counsel should note that until the Clerk has sent an email approving participation in the e-filing pilot program, all parties will still be required to file paper documents, and to comply with most of the former rules of appellate procedure, including deadlines for physically delivering paper copies to the Clerk's office (as explained in the Supreme Court's interim rule).
Thus, for cases not approved for participation in the pilot, paper copies of a petition for review must still be physically received by the Clerk by 5:00 p.m. on the 30th day after the court of appeals' decision.
Once the Clerk has approved participation, however, all parties will be required to file documents only electronically and to comply with the current Rules of Appellate Procedure adopted in 2021.
The Supreme Court's revised interim rule and pilot program will terminate at 11:59 p.m. on June 30th, and mandatory e-filing will commence on July 1, 2023.
This means that as of July 1st, e-filing for attorneys will be required for filings in all Supreme Court matters (both existing and new). Paper filings from attorneys will no longer be accepted, and the date on which filings are officially received will depend solely on when the document was submitted in the e-filing portal.
The current Rules of Appellate Procedure will apply to all proceedings in the Supreme Court, except for disciplinary and attorney regulatory proceedings.
If after reading the Supreme Court's order and revised interim rule, you have a question about this transition, please contact the Clerk's office at (608) 266-1880.
About the Authors
David Runke and Timothy Barber serve as Wisconsin Supreme Court Commissioners.
