821.11.Construction.
Ch. 821: Uniform Certification of Questions of Law Rule · Last amended 1982 · Last verified July 15, 2026
Full Text of Section 821.11
Plain-English Summary
Section 821.11 is a construction clause. It tells a court reading chapter 821 to favor an interpretation that keeps Wisconsin’s version of the rule aligned with the versions other states have enacted, rather than a reading driven by local habit or a drafting quirk unique to Wisconsin. The instruction applies to the whole chapter, not to any single provision within it.
That instruction matters because chapter 821 is the Uniform Certification of Questions of Law Rule. It lets a federal court, or a court of another state, ask the Wisconsin Supreme Court to answer an unsettled question of Wisconsin law when the answer will decide the case before that other court. If Wisconsin and its sister states each interpreted the mechanics of certification differently, courts sending and receiving certified questions could not count on consistent treatment from one jurisdiction to the next. Section 821.11 heads off that risk by making uniformity the touchstone for interpretation.
In practice, this gives a party arguing over how a provision of chapter 821 should work a reason to point to how other states that adopted the same uniform rule have read the equivalent language. It does not resolve any dispute on its own; it sets the interpretive lens through which the rest of the chapter gets read.
Frequently Asked Questions
What does it mean for a Wisconsin rule to be construed to make it uniform with other states?
It means a court reading chapter 821 should choose the interpretation that keeps Wisconsin’s rule working the same way as the equivalent rule adopted in other states, rather than an interpretation that pulls Wisconsin’s version in a different direction.
Why does chapter 821 include an instruction about how to interpret it?
Because chapter 821 is a uniform rule, and its purpose depends on adopting states applying it consistently. Section 821.11 makes that consistency an express interpretive goal rather than leaving it to chance.
Can a court look to how other states interpret their own certification-of-questions rule?
Section 821.11 favors exactly that approach, since it directs courts to construe chapter 821 in a way that furthers uniformity with the states that have enacted the same rule.
Does section 821.11 create any new procedure on its own?
No. It does not add a filing requirement or a certification step. It supplies a rule of interpretation that governs how the rest of chapter 821 is read and applied.
What is chapter 821 officially called?
Section 821.12 gives the chapter its short title, the Uniform Certification of Questions of Law Rule, which is the uniform act that section 821.11’s construction clause is meant to serve.
Amendment History
History: Sup. Ct. Order, 107 Wis. 2d xiii (1982).