This chapter may be invoked by an order of any of the courts referred to in s. 821.01 upon the court’s own motion or upon the motion of any party to the cause.
821.02.Method of invoking.
Ch. 821: Uniform Certification of Questions of Law Rule · Last amended 1982 · Last verified July 15, 2026
In one sentenceSection 821.02 lets a court with the power to certify start the certified-question process, on its own motion or on any party’s motion, through an order.
Full Text of Section 821.02
Plain-English Summary
Section 821.02 supplies the trigger for the entire certification chapter. This chapter may be invoked by an order of any of the courts referred to in section 821.01, the courts that can send a question of Wisconsin law the supreme court’s way.
That order can come from two sources: the certifying court’s own motion, or the motion of any party to the cause. Either one is enough to start the process.
Because this section requires only an order to invoke the chapter, it works as the starting point for everything that follows, the required contents of the certification order, how it gets prepared and forwarded, and the costs and procedures that come after.
Frequently Asked Questions
How does the certification process under this chapter get started?
By an order of the certifying court.
Can a party ask the court to certify a question, or does the idea have to come from the court itself?
Either one, the court’s own motion or the motion of any party to the cause can invoke the chapter.
Which courts can invoke this chapter?
Any of the courts referred to in section 821.01, the U.S. Supreme Court, a U.S. court of appeals, or another state’s highest court, in the context of certifying to Wisconsin.
Is a specific form required to invoke certification?
Section 821.02 itself requires only an order; the required contents of the certification order are addressed in a separate section.
Does a party have an automatic right to certification once it moves for one?
No, invoking the chapter happens through the court’s order, so the court still decides whether to issue it.
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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