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821.09.Procedure on certifying.

Ch. 821: Uniform Certification of Questions of Law Rule · Last amended 1982 · Last verified July 15, 2026

In one sentenceSection 821.09 has Wisconsin follow the receiving state’s own laws for the procedure of certifying a question from Wisconsin to that state’s highest court.

Full Text of Section 821.09

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The procedures for certification from this state to the receiving state shall be those provided in the laws of the receiving state.

Plain-English Summary

Section 821.09 keeps this chapter from prescribing its own outbound certification steps. The procedures for certification from Wisconsin to the receiving state are those provided in the laws of the receiving state, not a Wisconsin-specific procedure.

That makes sense given who is doing the answering: the receiving state’s highest court processes and answers the question, so it applies its own rules for receiving certified questions, much as the earlier sections of this chapter govern the procedure when Wisconsin is the one receiving and answering a certified question.

Frequently Asked Questions

What procedure governs a Wisconsin-to-another-state certification?

The laws of the receiving state, not a separate Wisconsin-specific procedure.

Why does not this chapter spell out its own outbound certification steps?

Because section 821.09 directs that the receiving state’s own laws control the procedure once Wisconsin certifies a question outward.

Does this section affect the standard for deciding whether to certify a question?

No, that standard comes from section 821.08, which governs when a Wisconsin court may certify; this section covers the procedure once that decision has been made.

Whose rules govern preparing and filing the certification once Wisconsin sends a question out?

The receiving state’s laws.

Is this the mirror image of how Wisconsin handles questions certified to it?

In one sense, yes: Wisconsin follows its own chapter when answering questions certified to it, and defers to the receiving state’s laws when it certifies 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
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