Wisconsin Statutes
Wis. Stat. § 801.16 (2026)
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801.16(1)(1) The filing of pleadings and other papers with the court as required by these statutes shall be made by filing them with the clerk of circuit court. The judge may require that the person filing the papers provide a copy to the judge.
801.16(2)(a)(a) A court may adopt a local rule, if it is approved by the chief judge, that permits the filing of papers with the clerk of circuit court by facsimile transmission to a plain-paper facsimile machine at a telephone number designated by the court. To provide uniformity, any local rule shall specify a 15-page limit for a facsimile transmission, unless an exception is approved by the assigned judge or court commissioner on a case-by-case basis.
801.16(2)(b)(b) If no rule has been adopted under par. (a), the assigned judge or court commissioner may permit a party or attorney in a specific matter to file papers with the clerk of circuit court by facsimile transmission to a plain-paper facsimile machine at a telephone number designated by the assigned judge or court commissioner.
801.16(2)(c)(c) If the facsimile transmission exceeds 15 pages or is filed in the absence of a local rule, the party or attorney shall certify that the assigned judge or court commissioner has approved the facsimile transmission.
801.16(2)(d)(d) If papers are transmitted to a plain-paper facsimile machine of a noncourt agency, party, or company for the receipt, transmittal, and delivery to the clerk of circuit court, the clerk of circuit court shall accept the papers for filing only if the transmission complies with the local rule or has been approved by the assigned judge or court commissioner and certified by the party or attorney.
801.16(2)(e)(e) Facsimile papers are considered filed upon receipt by the clerk of circuit court and are the official record of the court and may not be substituted. No additional copies may be sent. The clerk of circuit court shall discard any duplicate papers subsequently received by the clerk of circuit court, assigned judge, or court commissioner.
801.16(2)(f)(f) Papers filed with the circuit court by facsimile transmission completed after regular business hours of the clerk of circuit court’s office are considered filed on a particular day if the submission is made by 11:59 p.m. central time, as recorded by the court facsimile machine, so long as it is subsequently accepted by the clerk upon review. The expanded availability of time to file shall not affect the calculation of time under other statutes, rules, and court orders. Documents submitted by facsimile transmission completed after 11:59 p.m. are considered filed the next day the clerk’s office is open.
801.16 HistoryHistory: Sup. Ct. Order, 161 Wis. 2d xvii (1991); Sup. Ct. Order No. 94-11, 187 Wis. 2d xxiii (1994); Sup. Ct. Order No. 00-09, 2001 WI 33, 241 Wis. 2d xix; Sup. Ct. Order No. 14-03, 2016 WI 29, 368 Wis. 2d xiii; Sup. Ct. Order No. 14-03A, 2016 WI 80, 370 Wis. 2d xxxiii; 2017 a. 365 s. 111.
Effective date noteJudicial Council Note, 1991: Sub. (2) clarifies that papers (other than those requiring a filing fee) may be filed by facsimile transmission to the judge or clerk, if a local court rule, or the judge in a specific matter, so permits. [Re Order eff. 7-1-91.]
801.16 NoteNOTE: Sup. Ct. Order No. 14-03 states: “The Comments to the statutes and to the supreme court rules created pursuant to this order are not adopted, but will be published and may be consulted for guidance in interpreting and applying the rule.”
801.16 NoteComment, 2016: Sub. (2) (f) is a change to circuit court law and practice. Under prior law, fax filings were required to arrive at the office of the clerk of court before the end of the regular business day in order to be considered filed on that day. In contrast, the mandatory electronic filing statute, s. 801.18 (4) (e), allows any filing made before midnight to be considered filed on that day. After July 1, 2016, parties who do not use the electronic filing system are given the advantage of the extended filing hours.
801.16 AnnotationA notice of appeal does not require a filing fee and may be filed by facsimile transmission under sub. (2). State v. Sorenson, 2000 WI 43, 234 Wis. 2d 648, 611 N.W.2d 240, 98-3107.
801.16 AnnotationUnder sub. (1), the filing of pleadings and other papers with the court shall be made by filing them with the clerk of circuit court. The circuit court should have rejected an affidavit and proposed order submitted by a child support agency that was submitted directly and exclusively to the judge. Meyer v. Teasdale, 2009 WI App 152, 321 Wis. 2d 647, 775 N.W.2d 123, 08-2827.
Notes of Decisions
Cited in 7
cases, 1982–2012 · leading case: State v. Sorenson, 2000 WI 43 (Wis. 2000).
State v. Sorenson, 2000 WI 43 (Wis. 2000). “Pratsch held that Wis. Stat. §801.16 (2) prohibits the filing of a notice of appeal by facsimile because a notice of appeal is a paper that requires a filing fee.”
Elliot Ray v. Marc Clements, 700 F.3d 993 (7th Cir. 2012). “The state’s principal citation, Wis. Stat. § 801.16 (1), simply states that court filings “shall be made by filing them with the clerk of circuit court.”
Granado v. Sentry Ins., 599 N.W.2d 62 (Wis. Ct. App. 1999). “It provides: A civil action in which a personal judgment is sought is commenced as to any defendant when a summons and a complaint naming the person as defendant are filed with the court, provided service of an authenticated copy of the summons and of the *799 complaint is made…”
Wisconsin State Employees Union v. Henderson, 317 N.W.2d 170 (Wis. Ct. App. 1982). “1 Section 801.16(5), Stats., is applicable to administrative appeals under sec.”
Pratsch v. Pratsch, 548 N.W.2d 852 (Wis. Ct. App. 1996). “The general topic, however, was addressed by the supreme court when it created § 801.16(2), Stats. That rule provides: (2) For papers that do not require a filing fee: (a) A court may adopt a local rule, if it is approved by the chief judge, that requires the use of a…”
Smigla v. Schnell, 547 N.W.2d 102 (Minn. Ct. App. 1996). “”); Wis.Stat. § 801.16 (1994) (providing "that papers filed by facsimile transmission completed after regular business hours of the clerk of court's office are considered filed the next business day”).”
Meyer v. Teasdale, 2009 WI App 152 (Wis. Ct. App. 2009). “" Wis. Stat. § 801.16 (1). Mallgren failed to do this.”
— Wis. Stat. § 801.16(1) — 1 case
Granado v. Sentry Ins., 599 N.W.2d 62 (Wis. Ct. App. 1999). “It provides: A civil action in which a personal judgment is sought is commenced as to any defendant when a summons and a complaint naming the person as defendant are filed with the court, provided service of an authenticated copy of the summons and of the *799 complaint is made…”
— Wis. Stat. § 801.16(2) — 2 cases
State v. Sorenson, 2000 WI 43 (Wis. 2000). “Pratsch held that Wis. Stat. §801.16 (2) prohibits the filing of a notice of appeal by facsimile because a notice of appeal is a paper that requires a filing fee.”
Pratsch v. Pratsch, 548 N.W.2d 852 (Wis. Ct. App. 1996). “The general topic, however, was addressed by the supreme court when it created § 801.16(2), Stats. That rule provides: (2) For papers that do not require a filing fee: (a) A court may adopt a local rule, if it is approved by the chief judge, that requires the use of a…”
— Wis. Stat. § 801.16(2)(a) — 1 case
State v. Sorenson, 2000 WI 43 (Wis. 2000). “Pratsch held that Wis. Stat. §801.16 (2) prohibits the filing of a notice of appeal by facsimile because a notice of appeal is a paper that requires a filing fee.”
— Wis. Stat. § 801.16(2)(c) — 1 case
State v. Sorenson, 2000 WI 43 (Wis. 2000). “Pratsch held that Wis. Stat. §801.16 (2) prohibits the filing of a notice of appeal by facsimile because a notice of appeal is a paper that requires a filing fee.”
— Wis. Stat. § 801.16(5) — 1 case
Wisconsin State Employees Union v. Henderson, 317 N.W.2d 170 (Wis. Ct. App. 1982). “1 Section 801.16(5), Stats., is applicable to administrative appeals under sec.”
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