The supreme court or the court of appeals of this state, on its own motion or the motion of any party, may order certification of questions of law to the highest court of any state when it appears to the certifying court that there are involved in any proceeding before the court questions of law of the receiving state which may be determinative of the cause then pending in the certifying court and it appears to the certifying court that there are no controlling precedents in the decisions of the highest court or intermediate appellate courts of the receiving state.
821.08.Power to certify.
Ch. 821: Uniform Certification of Questions of Law Rule · Last amended 1982 · Last verified July 15, 2026
In one sentenceSection 821.08 lets the Wisconsin Supreme Court or Court of Appeals, on its own motion or a party’s motion, certify questions of another state’s law to that state’s highest court when the questions could decide the pending Wisconsin case and no controlling precedent exists there.
Full Text of Section 821.08
Official Notes
Judicial Council Note, 1982: This section allows the appellate courts of this state to certify to the highest court of another state. This could prove to be very useful in the case of conflicts of laws where a Wisconsin court wishes to apply the law of another state. If that state’s law is unclear on the point, a question could be certified. This is the reciprocal provision to the provisions of s. 821.01 governing certification of questions to the Wisconsin supreme court by the appellate courts of other states. [Re Order effective January 1, 1983]
Plain-English Summary
Section 821.08 is the reciprocal power to section 821.01. Instead of receiving certified questions, it lets Wisconsin’s own supreme court or court of appeals send questions the other direction, certifying questions of another state’s law to the highest court of that state.
Either the certifying Wisconsin court’s own motion or the motion of any party can start the process, the same as with certification into Wisconsin.
The conditions mirror section 821.01’s as well. The questions of the receiving state’s law must be of a kind that may be determinative of the cause pending in the Wisconsin court, and it must appear to the certifying court that there are no controlling precedents on those questions in the decisions of the receiving state’s highest court or its intermediate appellate courts.
This tool proves useful when Wisconsin law points toward applying another state’s law, but that state’s law on the point has not been settled. Rather than guessing, the Wisconsin court can ask the receiving state’s own highest court directly.
Frequently Asked Questions
Which Wisconsin courts can certify a question of law to another state?
The Wisconsin Supreme Court or the Wisconsin Court of Appeals.
Who can start this certification process?
The certifying Wisconsin court on its own motion, or any party to the case.
What has to be true about the out-of-state law question before certifying it?
It must be a question of the receiving state’s law that may be determinative of the cause pending before the Wisconsin court.
Does existing precedent in the other state block certification?
Certification requires it to appear to the certifying court that there are no controlling precedents on the question in the decisions of the receiving state’s highest court or its intermediate appellate courts.
How does this section differ from section 821.01?
Section 821.01 covers other courts certifying questions of Wisconsin law to the Wisconsin Supreme Court; section 821.08 covers the reverse, Wisconsin courts certifying questions of another state’s law outward.
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 court certify question to another statereciprocal certified question wisconsinconflicts of law certified question wisconsins. 821.08 power to certify