2009 WI 2
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Supreme Court of |
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Notice This order is subject to further editing and modification. The final version will appear in the bound volume of the official reports. |
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In the matter of amendment of |
FILED JAN 6, 2009 David R. Schanker Clerk of Supreme Court |
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On
January 25, 2008, the Wisconsin Judicial Council petitioned this court for
amendment to Wis. Stat. § (Rule) 809.23(3) to allow unpublished opinions
to be cited for their persuasive value. The court held a public hearing on October 14,
2008, on the petition. Upon
consideration of matters presented at the public hearing and submissions made
in response to the proposed amendment, the court adopted the petition, with
modifications, on a 6 to 1 vote. Justice
Bradley dissented from the adoption of the petition. Further, the
court voted the effective date of the amendments adopted herein will be July 1,
2009, and that the court will review the operation of this rule approximately
three years from the effective date.
Therefore,
IT IS
ORDERED that effective July 1, 2009:
Section 1. 809.23 (3) of the statutes is renumbered 809.23 (3)
(a) and amended to read:
809.23 (3) Unpublished Citation
of unpublished opinions not cited. (a) An unpublished opinion
is of no precedential value and for this reason may not be cited in any
court of this state as precedent or authority, except to support a claim of
claim preclusion, issue preclusion, or the law of the case, and except as
provided in par. (b).
Section 2. 809.23 (3) (b) of the statutes is
created to read:
809.23 (3) (b) In addition to the
purposes specified in par. (a), an unpublished opinion issued on or after July
1, 2009, that is authored by a member of a three-judge panel or by a single
judge under s. 752.31(2) may be cited for its persuasive value. A per curiam opinion, memorandum opinion,
summary disposition order, or other order is not an authored opinion for
purposes of this subsection. Because an unpublished opinion cited for its
persuasive value is not precedent, it is not binding on any court of this state. A court need not distinguish or otherwise
discuss an unpublished opinion and a party has no duty to research or cite it.
Section 3. 809.23 (3) (c) of the statutes is
created to read:
809.23
(3) (c) A party citing an unpublished opinion shall
file and serve a copy of the opinion with the brief or other paper in which the
opinion is cited.
Judicial Council Note, 2008: Section (3) was revised to reflect that
unpublished
IT
IS FURTHER ORDERED that the court will convene a committee that will identify
data to be gathered and measured regarding the citation of unpublished opinions
and explain how the data should be evaluated.
Prior to the effective date of this rule amendment, the committee and
CCAP staff will identify methods to measure the impact of the rule amendment
and establish a process to compile the data and make effective use of the court's
data keeping system. The data shall be
presented to the court in the fall of 2011.
IT
IS FURTHER ORDERED that notice of this amendment of Wis. Stat. § (Rule)
809.23(3) be given by a single publication of a copy of this order in the
official state newspaper and in an official publication of the State Bar of
Wisconsin.
Dated at
BY THE COURT:
David R. Schanker
Clerk of Supreme Court
¶1 ANN WALSH BRADLEY, J. (dissenting). This court has faced three previous petitions
to amend the current citation rule, and has up until now declined to do
so. I respectfully dissent for the
reasons previously stated. In the Matter
of the Amendment of