Wisconsin Statutes

Wis. Stat. § 753.35 (2026)

Rules of practice and trial court administration

✓ current as of July 2026

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753.35753.35 Rules of practice and trial court administration.

753.35(1)(1) A circuit court may, subject to the approval of the chief judge of the judicial administrative district, adopt and amend rules governing practice in that court that are consistent with rules adopted under s. 751.12 and statutes relating to pleading, practice, and procedure. The court shall file each adopted or amended rule with the clerk of circuit court. Except for a rule adopted or amended as an emergency rule, the court shall file an adopted or amended rule prior to the rule’s effective date. The clerk of circuit court shall send a copy of the filed adopted or amended rule to the secretary of the local bar association in that circuit, the court administrator for that judicial administrative district, the State Bar of Wisconsin, the state law library, and the office of the director of state courts. A person may submit to the court written comments on a rule for the court’s consideration in determining whether revision of the rule is needed. The clerk of circuit court shall print and make available to the public, at cost, all rules adopted or amended under this section.

753.35(2)(2) The chief judge of the judicial administrative district shall file a local rule of trial court administration adopted or amended under SCR 70.34 with the court administrator for the judicial administrative district. The chief judge of the judicial administrative district shall file the local rule prior to the rule’s effective date. The court administrator for the judicial administrative district shall send a copy of the filed adopted or amended rule to the clerks of circuit court in the judicial administrative district, the secretaries of the local bar associations in the district, the State Bar of Wisconsin, the state law library, and the office of the director of state courts. A person may submit to the chief judge of the judicial administrative district written comments on a rule for the chief judge’s consideration in determining whether revision of the rule is needed. The clerks of circuit court in the judicial administrative district shall print and make available to the public, at cost, all rules adopted under SCR 70.34.

753.35(3)(3) The State Bar of Wisconsin, the state law library, and the clerks of court to whom copies of rules are sent under this section shall serve as repositories of the rules sent to them under subs. (1) and (2).

753.35 HistoryHistory: Sup. Ct. Order No. 93-14, 185 Wis. 2d xv (1994); Sup. Ct. Order No. 94-09, 187 Wis. 2d xix (1994); 1995 a. 225; 1997 a. 35; 2001 a. 103.

Notes of Decisions

Cited in 5 cases (2 in the last 5 years), 2005–2025 · leading case: Phelps v. Physicians Ins. Co. of Wisconsin, Inc., 2005 WI 85 (Wis. 2005).

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Phelps v. Physicians Ins. Co. of Wisconsin, Inc., 2005 WI 85 (Wis. 2005). · cites it 8× “Accordingly, that detail is left to local rules. ¶ 74. A circuit court has the authority to "adopt and amend rules governing practice in that court," so long as the rules are "consistent with rules adopted under s.”

Hefty v. Strickhouser, 2008 WI 96 (Wis. 2008). · cites it 4× “" Wis. Stat. § 753.35 (1). The clear implication of this statute is that local rules may not be inconsistent with state rules or statutes.”

Nehls v. Nehls, 2012 WI App 85 (Wis. Ct. App. 2012). · cites it 2× “" Wis. Stat. § 753.35 (1). The clear implication of this statute is that local rules may not be inconsistent with state rules or statutes.”

Schiller, Victoria v. State of Wisconsin (W.D. Wis. 2025). · cites it 2× “Schiller’s allegations are difficult to understand but I take her to be saying that the circuit court judge made rulings conflicting with state statutes and that the Dane County Circuit Court has adopted various local rules regarding family court cases and alternative dispute…”

Elizabeth Anne Fitzgibbon v. Adam Paul Fitzgibbon (Wis. Ct. App. 2024). “2023AP611 she asserts that a family court commissioner “can only grant divorces if ‘all material issues … are resolved’” and that there were multiple material issues unresolved between Adam and Elizabeth after February 7, 2022.”

— Wis. Stat. § 753.35(1) — 1 case

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