Wisconsin Statutes
Wis. Stat. § 751.12 (2026)
Rules of pleading and practice
✓ current as of July 2026
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751.12(1)(1) The state supreme court shall, by rules promulgated by it from time to time, regulate pleading, practice, and procedure in judicial proceedings in all courts, for the purposes of simplifying the same and of promoting the speedy determination of litigation upon its merits. The rules shall not abridge, enlarge, or modify the substantive rights of any litigant. The effective dates for all rules adopted by the court shall be January 1 or July 1. A rule shall not become effective until 60 days after its adoption. All rules promulgated under this section shall be printed by the state printer and paid for out of the state treasury, and the court shall direct the rules to be distributed as it considers proper.
751.12(2)(2) All statutes relating to pleading, practice, and procedure may be modified or suspended by rules promulgated under this section. No rule modifying or suspending statutes relating to pleading, practice, and procedure may be adopted until the court has held a public hearing with reference to the rule.
751.12(3)(3) Notice of public hearings shall be given by publication of a class 3 notice, under ch. 985, the expense of the publication to be paid out of the state treasury. Notice shall also be given in an official publication of the State Bar of Wisconsin. The notice to be published not more than 60 days nor less than 30 days before the date of hearing shall include, at a minimum, the time, date, and location of the hearing and a summary of the proposed rules, including changes, if any, in existing rules, that are the subject of the hearing. The State Bar of Wisconsin shall not charge the state treasury for publication of this notice. The full text of the proposed rules, including changes, if any, in existing rules, shall be placed on the Internet site maintained by the director of state courts for the supreme court.
751.12(4)(4) This section shall not abridge the right of the legislature to enact, modify, or repeal statutes or rules relating to pleading, practice, or procedure.
751.12(5)(5) The judicial council shall act in an advisory capacity to assist the court in performing its duties under this section.
751.12 AnnotationSeparation of constitutional powers and shared legislative and judicial functions relating to pleading and procedure are discussed. In Matter of E.B., 111 Wis. 2d 175, 330 N.W.2d 584 (1983).
751.12 AnnotationThe establishment of an effective date does not determine whether a statute will apply retroactively. Salzman v. DNR, 168 Wis. 2d 523, 484 N.W.2d 337 (Ct. App. 1992).
751.12 AnnotationA rule adopted by this court in accordance with this section is numbered as a statute, is printed in the Wisconsin Statutes, may be amended by both the court and the legislature, has been described by this court as a statute promulgated under the court’s rule-making authority, and has the force of law. Rao v. WMA Securities, Inc., 2008 WI 73, 310 Wis. 2d 623, 752 N.W.2d 220, 06-0813
Notes of Decisions
Cited in 58
cases (8 in the last 5 years), 1978–2025 · leading case: Trinity Petroleum, Inc. v. Scott Oil Co., 2007 WI 88 (Wis. 2007).
Trinity Petroleum, Inc. v. Scott Oil Co., 2007 WI 88 (Wis. 2007). “05 (2005-06), pursuant to its rule-making authority under Wis. Stat. § 751.12 (2005-06), by Supreme Court Order 03-06 on March 31, 2005.”
Waters Ex Rel. Skow v. Pertzborn, 2001 WI 62 (Wis. 2001). “See Wis. Stat. § 751.12 . The plaintiffs contend that bifurcation is not authorized by Wis.”
In Re Marriage of Franke v. Franke, 2004 WI 8 (Wis. 2004). “12(3)(c) on the ground that it broaches Wis. Stat. § 751.12 's divide between substance and procedure.”
State v. Anderson, 2002 WI 7 (Wis. 2002). “[1] The supreme court may modify or suspend a statute relating to pleading, practice, and procedure when the court promulgates a rule pursuant to Wis. Stat. § 751.12 . [2] But that procedure is entirely *613 different from supplementing statutes with judicial mandates whenever…”
Rao v. WMA Sec., Inc., 2008 WI 73 (Wis. 2008). “02 are rules of pleading, practice, and procedure that were adopted by this court pursuant to Wis. Stat. § 751.12 . Wisconsin Stat. § 751.”
The Honorable William M. Gabler, Sr. v. Crime Victims Rights Bd., 2017 WI 67 (Wis. 2017). “This court has adopted rules under Wis. Stat. § 751.12 governing the protection of the personal identity of crime victims.”
State v. Harvey, 2002 WI 93 (Wis. 2002). “Our rule-making authority as it applies to statutory rules of pleading and practice is procedurally distinct from our case-deciding function, and is subject to certain statutory requirements regarding an opportunity for public comment and hearing.”
State Ex Rel. Fiedler v. Wisconsin Senate, 454 N.W.2d 770 (Wis. 1990). “48(1)(a) is unsound or can be improved, the court should not declare the statute unconstitutional but should hold a public hearing and amend or suspend the statute pursuant to its rulemaking powers under sec.”
Kroner v. Oneida Seven Generations Corp., 2012 WI 88 (Wis. 2012). “12 (authorizing this court to promulgate rules that "regulate pleading, practice, and procedure in judicial proceedings in all courts, for the purposes of simplifying the same and of promoting the speedy determination of litigation upon its merits").”
State v. Soto, 2012 WI 93 (Wis. 2012). “60 was fully derived from a Supreme Court rule through a legislative delegation under Wis. Stat. § 751.12 . S. Ct. Order No. 07-12, 2008 WI 37 , 305 Wis.”
State v. Holmes, 315 N.W.2d 703 (Wis. 1982). “20 pursuant to its statutory rule-making power, sec. 751.12, Stats. 1979-80, is not a question presently before the court.”
Phelps v. Physicians Ins. Co. of Wisconsin, Inc., 2005 WI 85 (Wis. 2005). “" Wis. Stat. § 751.12 (1). [5] See 185 Wis.”
— Wis. Stat. § 751.12(1) — 7 cases
Trinity Petroleum, Inc. v. Scott Oil Co., 2007 WI 88 (Wis. 2007). “05 (2005-06), pursuant to its rule-making authority under Wis. Stat. § 751.12 (2005-06), by Supreme Court Order 03-06 on March 31, 2005.”
State v. Alan S. Johnson, 2023 WI 39 (Wis. 2023).
State v. Soto, 2012 WI 93 (Wis. 2012). “60 was fully derived from a Supreme Court rule through a legislative delegation under Wis. Stat. § 751.12 . S. Ct. Order No. 07-12, 2008 WI 37 , 305 Wis.”
Kroner v. Oneida Seven Generations Corp., 2012 WI 88 (Wis. 2012). “12 (authorizing this court to promulgate rules that "regulate pleading, practice, and procedure in judicial proceedings in all courts, for the purposes of simplifying the same and of promoting the speedy determination of litigation upon its merits").”
Sands v. Whitnall Sch. Dist., 2008 WI 89 (Wis. 2008).
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