A certification order shall set forth:
821.03.Contents of certification order.
Ch. 821: Uniform Certification of Questions of Law Rule · Last amended 1982 · Last verified July 15, 2026
In one sentenceSection 821.03 requires a certification order to spell out the exact questions of law being asked and to lay out every fact relevant to those questions so the answering court fully understands the underlying dispute.
Full Text of Section 821.03
(1) The questions of law to be answered; and
(2) A statement of all facts relevant to the questions certified and showing fully the nature of the controversy in which the questions arose.
Official Notes
Judicial Council Note, 1982: The certification order in the statement of facts should present all of the relevant facts. The purpose is to give the answering court a complete picture of the controversy so that the answer will not be given in a vacuum. The certifying court could include exhibits, excerpts from the record, summary of the facts found by the court, and any other document which will be of assistance to the answering court. [Re Order effective January 1, 1983]
Plain-English Summary
Section 821.03 fixes what a certification order must contain. It has to set forth the questions of law to be answered, stated with enough precision that the answering court knows exactly what it is being asked.
It also has to include a statement of all facts relevant to the questions certified, showing fully the nature of the controversy in which the questions arose. The answering court is ruling without direct access to the full record, so this factual statement is what gives it the context needed to answer soundly rather than in the abstract.
This requirement shapes what certifying courts put together when they draft an order, and it connects to the section that follows, which addresses how the order itself is prepared, signed, and forwarded, and when the underlying record needs to accompany it.
Frequently Asked Questions
What two things must a certification order contain?
The questions of law to be answered, and a statement of all facts relevant to those questions.
Why does the order need to include facts and not just the legal questions?
Because the order has to show fully the nature of the controversy in which the questions arose, giving the answering court the context it needs.
Can a certifying court attach exhibits or record excerpts to the order?
The section requires a statement of all relevant facts; the certifying court can use exhibits or other supporting material to help meet that requirement, though the section itself does not dictate a specific format.
What happens if a certification order leaves out relevant facts?
Section 821.03 requires the order to set forth a statement of all facts relevant to the questions certified, so an order that omits them would not meet the section’s terms.
Who decides which facts are relevant enough to include?
The certifying court, when it prepares the order.
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
Also known as: wisconsin certification order requirementswhat goes in a certified question orderstatement of facts certified question wisconsins. 821.03 contents of certification order