The certification order shall be prepared by the certifying court, signed by the judge presiding at the hearing, and forwarded to the supreme court by the clerk of the certifying court under its official seal. The supreme court may require the original or copies of all or of any portion of the record before the certifying court to be filed with the certification order, if, in the opinion of the supreme court, the record or portion thereof may be necessary in answering the questions.
821.04.Preparation of certification order.
Ch. 821: Uniform Certification of Questions of Law Rule · Last amended 1982 · Last verified July 15, 2026
In one sentenceSection 821.04 has the certifying court prepare and its judge sign the certification order, its clerk forward it under seal to the Wisconsin Supreme Court, and lets the supreme court demand all or part of the underlying record if it is needed to answer the questions.
Full Text of Section 821.04
Plain-English Summary
Section 821.04 lays out how a certification order moves from the certifying court to the Wisconsin Supreme Court. The certifying court prepares the order, and it is signed by the judge who presided at the hearing. From there, the clerk of the certifying court forwards it to the supreme court under the certifying court’s official seal.
The section also gives the supreme court a further option. It may require the original or copies of all or part of the record before the certifying court to be filed along with the certification order, if, in the supreme court’s opinion, that record or a portion of it may be necessary to answer the questions.
That record request is not automatic; it depends on the supreme court’s own judgment that the certification order and its statement of facts are not enough on their own to answer the questions certified.
Frequently Asked Questions
Who signs the certification order?
The judge presiding at the hearing in the certifying court.
How does the certification order reach the Wisconsin Supreme Court?
The clerk of the certifying court forwards it, under the certifying court’s official seal.
Can the Wisconsin Supreme Court ask for more than the certification order itself?
Yes, it may require the original or copies of all or part of the record before the certifying court, if it decides that material may be necessary to answer the questions.
Does the supreme court automatically receive the full trial record with every certified question?
No, it requires the record, or a portion of it, only when it appears necessary to answering the questions.
Who prepares the certification order in the first place?
The certifying court prepares 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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