807.06.Copy of paper may be used, when.
Ch. 807: Miscellaneous Provisions · Last amended 2012 · Last verified July 15, 2026
Full Text of Section 807.06
Plain-English Summary
Section 807.06 addresses what happens when an original court paper is unavailable, and how courts may keep records electronically instead of on paper. Subsection (1) lets the court authorize a copy to be filed and used instead of the original if any original paper or pleading is lost or withheld by any person, regardless of why it is unavailable.
Subsection (2) lets the clerk of circuit court electronically scan any paper or pleading, as permitted under SCR 72.05, and discard the original pursuant to SCR 72.03 (3). If the original is discarded, the electronically scanned document becomes the official court record.
Frequently Asked Questions
What happens if the original pleading in my case is lost?
Subsection (1) lets the court authorize a copy to be filed and used instead of the original.
What if someone is withholding the original paper rather than it being lost?
The same result applies. Subsection (1) covers an original paper or pleading that is lost or withheld by any person, allowing the court to authorize a copy in its place.
Can the clerk of court destroy the original paper after scanning it?
Yes. Subsection (2) lets the clerk of circuit court electronically scan a paper or pleading and discard the original, as permitted under the applicable supreme court rules.
If the clerk discards the original after scanning, what becomes the official court record?
The electronically scanned document. Subsection (2) states that if the original is discarded, the scanned document constitutes the official court record.
Is the clerk required to scan and discard papers, or is it discretionary?
It is discretionary. Subsection (2) says the clerk “may” electronically scan a paper or pleading and “may” discard the original.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 744 (1975); Sup. Ct. Order No. 12-05, 2012 WI 112, 344 Wis. 2d xxxiii.