Wisconsin Lawyer
Vol. 79, No. 3, March
2006
Supreme Court Orders
The Wisconsin Supreme Court will hold a
public hearing on Oct. 25 to consider amendments affecting appellate
court procedures and rules regarding stipulations and settlements
reached through alternative dispute resolution.
Record Retention
In re amendment of SCR 72.01 regarding record retention
Order 06-01
On Jan. 30, 2006, A. John Voelker, Director of State Courts, filed a
petition seeking to amend SCR 72.01, regarding record retention.
IT IS ORDERED that a public hearing on the petition shall be held in
the Supreme Court Room in the State Capitol, Madison, Wis., on April 25,
2006, at 3:30 p.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 single
publication of a copy of this order and of the petition in the official
state newspaper 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 30th day of January, 2006.
By the court:
Cornelia G. Clark, Clerk of Supreme Court
Petition
The Director of State Courts, on the recommendation of the Records
Management Committee, hereby petitions the court to make an amendment to
the Supreme Court Rules regarding record retention, pursuant to the
court's rulemaking authority under Wis. Stat. § 751.12 and its
administrative authority over all courts conferred by Article VII,
§ 3 of the Wisconsin Constitution.
Small Claims Dismissals. SCR 72.01(8) should be
amended to increase the retention period for dismissed small claims
cases from one year from the date of filing to two years from the date
of entry of judgment. Wisconsin Statute § 799.225 allows a judge to
dismiss a small claims case where issue has not been joined, or the case
otherwise disposed of, within six months of the return date. At the time
SCR 72.01(8) was created, the period for reopening a small claims case
pursuant to Wis. Stat. § 799.29 was six months from entry of
judgment. In 2003, by virtue of 2003 Act 138, the six-month time limit
was lengthened to one year. Dismissed small claims cases can also be
reopened pursuant to Wis. Stat. § 806.07, which has a one-year
limit on motion for relief from judgment. Combining the one-year time
limits for reopening or relief from judgment with the six-month period
for dismissal, a two-year retention period past the entry of judgment
date would ensure that dismissed small claims case files would be
available for a sufficient amount of time to encompass the time limits
of these statutes.
SCR 72.01(8) should be amended to read as
follows:
SCR 72.01(8). All papers deposited with the clerk of courts in every
proceeding commenced under chapter 799 of the statutes: 20 years after
entry of final order for contested cases, stipulated dismissals and
default judgments; 1 2 years from date of
entry of judgment for dismissed cases.
Respectfully submitted:
A. John Voelker, Director of State Courts
Wisconsin Lawyer
