The supreme court may answer questions of law certified to it by the supreme court of the United States, a court of appeals of the United States or the highest appellate court of any other state when requested by the certifying court if there are involved in any proceeding before it questions of law of this state which may be determinative of the cause then pending in the certifying court and as to which it appears to the certifying court there is no controlling precedent in the decisions of the supreme court and the court of appeals of this state.
821.01.Power to answer.
Ch. 821: Uniform Certification of Questions of Law Rule · Last amended 1982 · Last verified July 15, 2026
In one sentenceSection 821.01 authorizes the Wisconsin Supreme Court, at another court’s request, to answer certified questions of Wisconsin law from the U.S. Supreme Court, a federal court of appeals, or another state’s highest court, when those questions could decide the pending case and no controlling Wisconsin precedent exists.
Full Text of Section 821.01
Official Notes
Judicial Council Note, 1982: This section provides that the supreme court has the right to answer questions certified to it; it is not mandatory. Under some circumstances it is possible that the court might decide not to answer a certified question. See, for example, Atlas Life Insurance Co. v. W. I. Southern, Inc., 306 U.S. 563 (1939) and National Labor Relations Board v. White Swan, 313 U.S. 23 (1941) (in both cases the Supreme court of the United States refused to answer certified questions). The courts listed as the courts which may certify questions are the Supreme Court of the United States and the federal Courts of Appeals. Also included are the highest appellate courts of other states. This provision allows certification of questions in conflicts cases. [Re Order effective January 1, 1983]
Plain-English Summary
Section 821.01 opens Wisconsin’s certification chapter by granting the supreme court a power, not a duty. The court may answer questions of law certified to it, which leaves the decision whether to take up any particular request to the court itself.
Three kinds of courts can send a question the Wisconsin Supreme Court’s way: the Supreme Court of the United States, a court of appeals of the United States, or the highest appellate court of any other state. The certifying court has to be the one making the request.
Two conditions have to be met before certification is proper. The proceeding before the certifying court must involve questions of Wisconsin law that may be determinative of the pending cause, and it must appear to the certifying court that there is no controlling precedent on those questions in the decisions of the Wisconsin Supreme Court or the Wisconsin Court of Appeals.
This lets federal and out-of-state courts get an authoritative answer on unsettled Wisconsin law directly from the court best positioned to give it, instead of predicting how Wisconsin’s own courts would rule.
Frequently Asked Questions
Is the Wisconsin Supreme Court required to answer every certified question it receives?
No, section 821.01 says the court may answer questions certified to it, making the decision discretionary.
Which courts can certify a question of Wisconsin law to the Wisconsin Supreme Court?
The U.S. Supreme Court, a U.S. court of appeals, or the highest appellate court of another state.
What has to be true about the certified question before the Wisconsin Supreme Court will consider it?
It must involve Wisconsin law that may be determinative of the cause pending in the certifying court.
Does existing Wisconsin precedent rule out certification?
Certification depends on it appearing to the certifying court that there is no controlling precedent on the question in the decisions of the Wisconsin Supreme Court or the Wisconsin Court of Appeals.
Can a federal district court certify a question under this section?
The section names the U.S. Supreme Court, U.S. courts of appeals, and other states’ highest appellate courts as the certifying courts; it does not list federal district courts.
Amendment History
History: Sup. Ct. Order, 107 Wis. 2d xiii (1982).
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
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