Ch. 809: Rules of Appellate Procedure · Last amended 2021 · Last verified July 15, 2026
In one sentenceSection 809.70 lets a person ask the Wisconsin Supreme Court to take an original action by filing a petition that states the issues, facts, relief sought, and reasons the court should take jurisdiction, and it gives the court discretion to deny the petition, order a response, or set a schedule if the petition is granted.
(1)A person may request the supreme court to take jurisdiction of an original action by filing a petition which may be supported by a memorandum. The petition shall be served on each party and proposed respondent by traditional methods as provided in s. 809.80 (2). The petition must contain all of the following:
(a)A statement of the issues presented by the controversy.
(b)A statement of the facts necessary to an understanding of the issues.
(c)A statement of the relief sought.
(d)A statement of the reasons why the court should take jurisdiction. (1m) The clerk of court shall docket the petition upon receipt of the items referred to in sub. (1). The clerk shall assign a case number, create a notice that the petition has been docketed, and send the notice to the parties by traditional methods.
(2)The court may deny the petition or may order the respondent to respond and may order oral argument on the question of taking original jurisdiction. The respondent shall file a response, which may be supported by a memorandum, within 14 days after the service of the order.
(3)The court, upon a consideration of the petition, response, supporting memoranda and argument, may grant or deny the petition. The court, if it grants the petition, may establish a schedule for pleading, briefing and submission with or without oral argument.
Official Notes
Judicial Council Note, 2001: The time limit in sub. (2) was changed from 10 to 14 days. Please see the comment to s. 808.07. [Re Order No. 00-02 effective July 1, 2001]
NOTE: Sup. Ct. Order No. 20-07 states that “the Comments to the statutes 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, 2021: A proceeding under this section is a new action that must be served on the respondents by the initiating parties using traditional methods.
Plain-English Summary
Section 809.70 gives a person a way to bring a matter directly to the supreme court as an original action, rather than through an appeal from a lower court. The petition, which may be supported by a memorandum, must be served on each party and proposed respondent using traditional service methods, and it must state the issues presented by the controversy, the facts necessary to understand them, the relief sought, and the reasons the court should take jurisdiction. Once the clerk receives those items, the petition is docketed, assigned a case number, and the parties are notified.
The court has real discretion at this stage. It may deny the petition outright, or it may order the respondent to file a response, which may also be supported by a memorandum, within 14 days after service of that order, and it may order oral argument on the question of whether to take original jurisdiction at all.
After considering the petition, any response, supporting memoranda, and argument, the court may grant or deny the petition. If it grants the petition, the court may establish a schedule for pleading, briefing, and submission, with or without oral argument, giving it flexibility to manage the case going forward.
Frequently Asked Questions
What must a petition for an original action in the Wisconsin Supreme Court contain?
Section 809.70(1) requires a statement of the issues presented by the controversy, a statement of the facts necessary to understand them, a statement of the relief sought, and a statement of the reasons why the court should take jurisdiction.
How is a petition for an original action served?
By traditional methods, on each party and each proposed respondent, as provided in Section 809.80(2).
Can the supreme court deny my original-action petition without asking the other side to respond?
Yes. Section 809.70(2) lets the court deny the petition, or instead order the respondent to respond and possibly order oral argument on the jurisdiction question.
What happens if the supreme court grants my petition for an original action?
Under Section 809.70(3), the court may establish a schedule for pleading, briefing, and submission, with or without oral argument.
How long does a respondent have to answer once the court orders a response?
Section 809.70(2) gives the respondent 14 days after service of the order to file a response.
Amendment History
History: Sup. Ct. Order, 83 Wis. 2d xiii (1978); 1995 a. 225; Sup. Ct. Order No. 00-02, 2001 WI 39, 242 Wis. 2d xxvii; Sup. Ct. Order No. 20-07, 2021 WI 37, 397 Wis. 2d xiii.
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:wisconsin supreme court original action809.70 rulepetition original jurisdiction wisconsin supreme courthow to bring original action wisconsin