Ch. 801: Commencement of Action and Venue · Last amended 2015 · Last verified July 15, 2026
NOTE: Sup. Ct. Order No. 14-04 states: “Comments to Wis. Stat. ss. 801.19, 801.20, and 801.21 are not adopted, but will be published and may be consulted for guidance in interpreting and applying the statute.”
Comment, 2015: This section defines the procedural prerequisites for filing of documents under seal. This section is not intended to expand or limit the confidentiality concerns that might justify special treatment of any document. The section is intended to make it clear that filing parties do not have the unilateral right to designate any filing as confidential and that permission from the court is required. This permission may flow from a statute or rule explicitly requiring that a particular document or portion of a document be filed confidentially or from an analysis of the facts of the case and the applicable law. A defendant’s attorneys’ independent ethical responsibilities under supreme court rules, including avoiding conflicts of interest, are a significant consideration regarding the plaintiffs’ request to proceed without revealing their identities to opposing counsel. Doe v. Madison Metropolitan School District, 2022 WI 65, 403 Wis. 2d 369, 976 N.W.2d 584, 20-1032. In this case, the circuit court did not erroneously exercise its discretion by requiring disclosure of the plaintiff parents’ identities to opposing attorneys, while allowing the parents to keep their names sealed and confidential as to the public and the defendant school district. The circuit court concluded some protection for the parents’ identities was warranted and decided to shield their names from public view and the school district’s view. But the court did not see the same danger in disclosing the parents’ names to the school district’s attorneys. The circuit court’s exercise of discretion was a proper application of the statutory test under sub. (4). Doe v. Madison Metropolitan School District, 2022 WI 65, 403 Wis. 2d 369, 976 N.W.2d 584, 20-1032.
Section 801.21 covers the residual category of confidentiality requests — records that aren’t already protected under the automatic redaction rule for personal identifiers or the director’s list of routinely confidential documents. To seal part or all of a document, or to redact specific information within it, a party has to file a motion, serve it on everyone else in the case, and specify the legal authority supporting the request. While that motion is pending, the information can be filed under a temporary seal so it isn’t exposed before the court rules.
The court decides whether a hearing is necessary and can require public notice of that hearing, such as posting information at the courthouse. In ruling on the motion, the court applies the relevant constitutional, statutory, and common-law standards and must use the least restrictive means available to accomplish the purpose behind the request. Even when access is restricted, the public record has to note that a sealing or redaction order was entered and identify the court official who entered it, preserving some transparency about the fact that something was withheld.
Once a document is sealed or redacted, it stays off-limits to the public even if it’s later used as a trial or hearing exhibit, unless the court permits access. The section extends the same procedure to transcripts, letting a court reporter redact or seal a transcript under court order without charge, and it requires sealed documents that go up on appeal to be clearly marked confidential and submitted in a sealed envelope.
Section 801.21 requires filing a motion to seal or redact, serving it on all parties, and specifying the legal authority for restricting public access to that information.
Yes. Section 801.21 allows the information to be filed under a temporary seal, restricting it from public access until the court rules on the motion.
Section 801.21 requires the court to determine whether sufficient grounds exist under applicable constitutional, statutory, and common law, and to use the least restrictive means that will accomplish the purpose of the request.
Yes. Section 801.21 requires the public record to indicate that a sealing or redaction order was issued and to name the court official who entered it.
It applies to both. Section 801.21 lets the court order a court reporter to redact or seal a transcript without charge, following the same court order process used for other sealed or redacted documents.
History: Sup. Ct. Order No. 14-04, 2015 WI 89, 364 Wis. 2d xv.