(1) The filing of pleadings and other papers with the court as required by these statutes shall be made by filing them with the clerk of circuit court. The judge may require that the person filing the papers provide a copy to the judge.
801.16.Filing.
Ch. 801: Commencement of Action and Venue · Last amended 2017 · Last verified July 15, 2026
In one sentenceSection 801.16 requires papers to be filed with the clerk of circuit court and, when no filing fee applies, allows filing by fax under a local rule or judge’s permission, with fax filings received before midnight treated as filed that day.
Full Text of Section 801.16
(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 permits the filing of papers with the clerk of circuit court by facsimile transmission to a plain-paper facsimile machine at a telephone number designated by the court. To provide uniformity, any local rule shall specify a 15-page limit for a facsimile transmission, 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), the assigned judge or court commissioner may permit a party or attorney in a specific matter to file papers with the clerk of circuit court by facsimile transmission to a plain-paper facsimile machine at a telephone number designated by the assigned judge or court commissioner.
(c) If the facsimile transmission exceeds 15 pages or is filed in the absence of a local rule, the party or attorney shall certify that the assigned judge or court commissioner has approved the facsimile transmission.
(d) If papers are transmitted to a plain-paper facsimile machine of a noncourt agency, party, or company for the receipt, transmittal, and delivery to the clerk of circuit court, the clerk of circuit court shall accept the papers for filing only if the transmission complies with the local rule or has been approved by the assigned judge or court commissioner and certified by the party or attorney.
(e) Facsimile papers are considered filed upon receipt by the clerk of circuit court 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 clerk of circuit court, assigned judge, or court commissioner.
(f) Papers filed with the circuit court by facsimile transmission completed after regular business hours of the clerk of circuit court’s office are considered filed on a particular day if the submission is made by 11:59 p.m. central time, as recorded by the court facsimile machine, so long as it is subsequently accepted by the clerk upon review. The expanded availability of time to file shall not affect the calculation of time under other statutes, rules, and court orders. Documents submitted by facsimile transmission completed after 11:59 p.m. are considered filed the next day the clerk’s office is open.
Official Notes
Judicial Council Note, 1991: Sub. (2) clarifies that papers (other than those requiring a filing fee) may be filed by facsimile transmission to the judge or clerk, if a local court rule, or the judge in a specific matter, so permits. [Re Order eff. 7-1-91.]
NOTE: Sup. Ct. Order No. 14-03 states: “The Comments to the statutes and to the supreme court rules created pursuant to this order are not adopted, but will be published and may be consulted for guidance in interpreting and applying the rule.”
Comment, 2016: Sub. (2) (f) is a change to circuit court law and practice. Under prior law, fax filings were required to arrive at the office of the clerk of court before the end of the regular business day in order to be considered filed on that day. In contrast, the mandatory electronic filing statute, s. 801.18 (4) (e), allows any filing made before midnight to be considered filed on that day. After July 1, 2016, parties who do not use the electronic filing system are given the advantage of the extended filing hours.
Plain-English Summary
Section 801.16 sets the basic mechanics of filing paperwork with a Wisconsin circuit court. Filing happens by submitting papers to the clerk of circuit court, and a judge can also require that a copy be provided directly to them.
For papers that don’t require a filing fee, the section opens the door to fax filing. A court can adopt a local rule, approved by the chief judge, allowing filing by fax to a designated plain-paper fax machine, generally capped at 15 pages unless the assigned judge or court commissioner approves an exception. Where no local rule exists, an assigned judge or commissioner can still permit fax filing in a specific case. If a fax transmission runs over 15 pages, or there’s no local rule at all, the filer must certify that the judge or commissioner approved it. Fax filings are considered filed the moment the clerk receives them and become the official record; the clerk discards any duplicate paper copies that show up later.
Timing gets special treatment too. A fax filing submitted after the clerk’s regular business hours is still considered filed that day, as long as it’s received by 11:59 p.m. central time and the clerk later accepts it on review. A submission after 11:59 p.m. counts as filed on the next day the clerk’s office is open. That extended window mirrors the deadline the chapter’s electronic filing system gives users who file online.
Frequently Asked Questions
How are papers officially filed with a Wisconsin circuit court?
Section 801.16 requires filing with the clerk of circuit court, and the judge assigned to the case may also require the filer to provide a copy directly to the judge.
Can I file court papers by fax in Wisconsin?
For papers that don’t require a filing fee, yes, if a local rule approved by the chief judge allows it, or if the assigned judge or court commissioner permits fax filing in that specific case. Section 801.16 generally caps fax filings at 15 pages unless an exception is approved.
Is a fax filing submitted late at night still considered filed that same day?
Yes, if it’s received by 11:59 p.m. central time, as recorded by the court’s fax machine, and the clerk later accepts it upon review. Section 801.16 treats a submission after 11:59 p.m. as filed on the next day the clerk’s office is open.
What happens to a duplicate paper copy sent after a document was already filed by fax?
Section 801.16 treats the faxed document as the official record and requires the clerk of circuit court to discard any duplicate papers subsequently received.
Does the fax-filing option apply to documents that require a filing fee?
No. Section 801.16 limits the fax-filing procedure to papers that do not require the payment of a filing fee.
Amendment History
History: Sup. Ct. Order, 161 Wis. 2d xvii (1991); Sup. Ct. Order No. 94-11, 187 Wis. 2d xxiii (1994); Sup. Ct. Order No. 00-09, 2001 WI 33, 241 Wis. 2d xix; Sup. Ct. Order No. 14-03, 2016 WI 29, 368 Wis. 2d xiii; Sup. Ct. Order No. 14-03A, 2016 WI 80, 370 Wis. 2d xxxiii; 2017 a. 365 s. 111.
Source & verification. Section text and official notes are
reproduced verbatim from the Wisconsin Statutes, published by the
Wisconsin Legislature (Legislative Reference Bureau). Last verified July 15, 2026.
· Official source
Also known as: how to file papers with wisconsin circuit courtfax filing wisconsin courtfiling deadline midnight wisconsin court