(1) A person may request the supreme court to exercise its supervisory jurisdiction over a court and the judge presiding therein or other person or body by filing a petition in accordance with s. 809.51. The petition shall be served on each party and proposed respondent, and if applicable, upon the originating court or tribunal, by traditional methods as provided in s. 809.80 (2). A person seeking a supervisory writ from the supreme court shall first file a petition for a supervisory writ in the court of appeals under s. 809.51 unless it is impractical to seek the writ in the court of appeals. A petition in the supreme court shall show why it was impractical to seek the writ in the court of appeals or, if a petition had been filed in the court of appeals, the disposition made and reasons given by the court of appeals.
809.71.Rule (Supervisory writ).
Ch. 809: Rules of Appellate Procedure · Last amended 2021 · Last verified July 15, 2026
In one sentenceSection 809.71 requires a person seeking a supervisory writ from the Wisconsin Supreme Court to first petition the court of appeals under Section 809.51, unless doing so would be impractical, and the supreme court petition must explain why that route was skipped or describe how the court of appeals ruled.
Full Text of Section 809.71
(2) 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, transmit the notice of docketing to the clerk of circuit court if applicable, and send the notice to the parties by traditional methods.
Official Notes
Judicial Council Committee’s Note, 1981: The supreme court will not exercise its supervisory jurisdiction where there is an adequate alternative remedy. Unless the court of appeals is itself the object of the supervisory writ, usually there is an adequate alternative remedy of applying to the court of appeals under Rule 809.51 for the supervisory writ. The amendment to Rule 809.71 establishes that before a person may request the supreme court to exercise its supervisory jurisdiction, the person must first seek the supervisory writ in the court of appeals, unless to do so is impractical. Following the decision of the court of appeals, the amendment does not preclude the supreme court from considering a petition for review under Rule 809.62 or a petition for supervisory writ under Rule 809.71, depending upon the circumstances and the petitioner’s ability to establish the respective governing criteria. [Re Order effective Jan. 1, 1982]
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: Supervisory writs do not always arise from a pending case through which the parties can be served electronically. A proceeding under this sec- tion is a new action that must be served on the respondents by the initiating parties using traditional methods.
Plain-English Summary
A supervisory writ from the supreme court is not the first stop; it is generally the second. Section 809.71 requires a person to first file a petition for a supervisory writ in the court of appeals under Section 809.51, unless it would be impractical to seek the writ there. The petition to the supreme court must be served on each party, each proposed respondent, and, where applicable, the originating court or tribunal, all by traditional methods.
Because the supreme court petition follows (or substitutes for) a court of appeals petition, it has to account for that relationship. If seeking the writ in the court of appeals first was impractical, the supreme court petition must show why. If a petition was already filed in the court of appeals, the supreme court petition must instead show the disposition the court of appeals made and the reasons it gave.
Once the clerk receives the required items, the petition is docketed, assigned a case number, and a notice of docketing is transmitted to the clerk of circuit court where applicable and sent to the parties by traditional methods.
Frequently Asked Questions
Can I go straight to the Wisconsin Supreme Court for a supervisory writ?
Generally no. Section 809.71 requires first filing a petition for a supervisory writ in the court of appeals under Section 809.51, unless doing so would be impractical.
What if I already sought the writ in the court of appeals and it was denied?
The petition to the supreme court must show the disposition made and the reasons given by the court of appeals.
What if it was impractical to seek the writ in the court of appeals first?
The petition must show why it was impractical to seek the writ there.
How is a supervisory writ petition served in the supreme court?
By traditional methods, on each party, each proposed respondent, and, if applicable, the originating court or tribunal.
Does the clerk notify the circuit court when a supervisory writ petition is docketed?
Yes, where applicable, Section 809.71(2) requires the clerk to transmit the notice of docketing to the clerk of circuit court.
Amendment History
History: Sup. Ct. Order, 83 Wis. 2d xiii (1978); Sup. Ct. Order, 104 Wis. 2d xi (1981); 1981 c. 390 s. 252; 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 supervisory writ809.71 rulemust file court of appeals first supervisory writprerogative writ supreme court wisconsin