If any provision of this chapter or the application thereof to any person, court, or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
821.10.Severability.
Ch. 821: Uniform Certification of Questions of Law Rule · Last amended 1982 · Last verified July 15, 2026
In one sentenceSection 821.10 keeps the rest of the certified-question chapter in force even if a court holds one provision, or one application of it, invalid, so long as the remaining provisions can still function without it.
Full Text of Section 821.10
Plain-English Summary
Section 821.10 is this chapter’s severability clause. If any provision of the chapter, or the application of a provision to any person, court, or circumstance, is held invalid, that invalidity does not affect the other provisions or applications that can still be given effect without the invalid one.
The clause reaches beyond a provision being invalid on its face. It also covers a provision held invalid only as applied to a particular person, court, or circumstance, protecting the rest of the chapter even from a narrower defect of that kind.
By its own terms, the chapter’s provisions are declared severable, meaning a defect in one piece, whether in section 821.01’s grant of power to answer or in the outbound certification provisions later in the chapter, does not automatically bring down the rest of the framework.
Frequently Asked Questions
What happens to the rest of this certification chapter if one part is struck down?
The remaining provisions stay in effect, as long as they can be given effect without the invalid part.
Does this section protect against a provision being invalid only in certain situations?
Yes, it covers a provision held invalid as applied to any person, court, or circumstance, not just a provision invalid on its face.
Does this section apply to the whole chapter or just part of it?
It refers to this chapter generally, covering the certification provisions as a whole.
What is the purpose of a severability clause like this one?
It keeps a defect in one provision from taking down the rest of the chapter, so the remaining provisions continue operating.
Who decides whether a remaining provision can be given effect without the invalid one?
The section states the standard, that provisions or applications able to be given effect without the invalid provision or application remain unaffected, without assigning that determination to a body beyond the court holding the provision invalid.
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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