Wisconsin Statutes
Wis. Stat. § 781.03 (2026)
Transmittal of record
✓ current as of July 2026
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781.03(1)(1) In an action or proceeding seeking an extraordinary remedy for which a record must be reviewed, the defendant shall cause the record to be transmitted to the clerk of court in which the action or proceeding is pending or shall give notice of the pendency of the action to the person in possession of the record. The person in possession of the record shall transmit the record to the clerk upon receipt of the notice.
781.03(2)(2) If the party seeking the extraordinary remedy is incarcerated, whoever transmits the record to the clerk shall forthwith provide a copy of the record so transmitted to the incarcerated party, except as such transmittal may be limited by the court upon motion for good cause. If the incarcerated party is represented by an attorney in the matter, the copy of the record shall be provided to the attorney rather than the incarcerated party. The cost of preparing and forwarding the copy shall not be taxed against a petitioner who has filed and received approval of an affidavit under s. 814.29 (1).
781.03 NoteJudicial Council Note, 1981: This rule will be used most often in a certiorari action in which a proceeding in an inferior tribunal or body is reviewed on the record. It puts the ultimate responsibility for transmitting the record on the person in possession of the record. [Bill 613-A]
781.03 NoteJudicial Council Note, 1989: Sub. (2) requires that a copy of the record be furnished to incarcerated persons because they cannot examine it at the courthouse. If prisoners have filed affidavits of indigency, the cost of compliance cannot be taxed against them. [Re Order effective 7-1-89]
Notes of Decisions
Cited in 5
cases (2 in the last 5 years), 1987–2026 · leading case: Bergstrom v. Polk Cnty., 2011 WI App 20 (Wis. Ct. App. 2011).
Bergstrom v. Polk Cnty., 2011 WI App 20 (Wis. Ct. App. 2011). “" See Wis. Stat. § 781.03 (1). According to Bergstrom, Mathy has "refuse [d] to honor its statutory obligation" by delaying the return and, therefore, has forfeited its right to invoke the lack of return as grounds for defeating waiver.”
Thomas D. Nowell v. City of Wausau, 2013 WI 88 (Wis. 2013). “Wisconsin has a general statute requiring transmittal of the record to the reviewing court for actions seeking certiorari review, Wis. Stat. § 781.03 (1). Accordingly, specific instructions in Wis.”
State Ex Rel. Sahagian v. Young, 415 N.W.2d 568 (Wis. Ct. App. 1987). “Section 781.03, Stats., provides: In an action or proceeding seeking an extraordinary remedy for which a record must be reviewed, the defendant shall cause the record to be transmitted to the clerk of court in which the action or proceeding is pending and shall give notice of…”
Chad Owens v. City of Cumberland Bd. of Appeals (Wis. Ct. App. 2026). “§§ 781.03(1), 781.10(2)(d)1. The court explained that it was required to consider the allegations in the Owens’ amended complaint, rather than any materials in the record, when determining whether the Owens had sufficiently alleged standing for purposes of the Board’s motion to…”
Nancy Davis v. City of Beloit (Wis. Ct. App. 2025). “03(1) (“In an action or proceeding seeking an extraordinary remedy for which a record must be reviewed, the defendant shall cause the record to be transmitted to the clerk of court in which the action or proceeding is pending or shall give notice of the pendency of the action to…”
— Wis. Stat. § 781.03(1) — 3 cases
Bergstrom v. Polk Cnty., 2011 WI App 20 (Wis. Ct. App. 2011). “" See Wis. Stat. § 781.03 (1). According to Bergstrom, Mathy has "refuse [d] to honor its statutory obligation" by delaying the return and, therefore, has forfeited its right to invoke the lack of return as grounds for defeating waiver.”
Chad Owens v. City of Cumberland Bd. of Appeals (Wis. Ct. App. 2026). “§§ 781.03(1), 781.10(2)(d)1. The court explained that it was required to consider the allegations in the Owens’ amended complaint, rather than any materials in the record, when determining whether the Owens had sufficiently alleged standing for purposes of the Board’s motion to…”
Nancy Davis v. City of Beloit (Wis. Ct. App. 2025). “03(1) (“In an action or proceeding seeking an extraordinary remedy for which a record must be reviewed, the defendant shall cause the record to be transmitted to the clerk of court in which the action or proceeding is pending or shall give notice of the pendency of the action to…”
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