95-01 In the Matter of the Amendment of SCR: SCR Chapter 80-Publication and Citation of Opinions

SUPREME COURT OF WISCONSIN

FILED

JUN 28, 1999

Marilyn L. Graves

Clerk of Supreme Court

Madison, WI

In the Matter of the Amendment of Supreme Court Rules: SCR Chapter 80 –- Publication and Citation of Opinions

ORDER

No. 95-01

The court has considered the amended petition filed by the State Bar of Wisconsin and the Judicial Council of Wisconsin October 21, 1994, the cross-petition filed by West Publishing Company March 2, 1995, the matters presented at the public hearing on the amended petition held March 21, 1995, and the written material submitted in response to the petition, amended petition and cross-petition.

IT IS ORDERED that, effective January 1, 2000, chapter 80 of the Supreme Court Rules is repealed and recreated to read:

PUBLICATION OF OPINIONS

SCR 80.001 Definition.

In this chapter, “public domain citation” means the calendar year in which an opinion, rule, order, or other item that is to be published is issued or ordered to be published, whichever is later, followed by the designation of the court issuing the opinion, rule, order, or other item, followed by the sequential number assigned to the opinion, rule, order, or other item by the clerk of the court, in the following form:

2000 WI 14

2001 WI App 9

SCR 80.01 Official publications.

(1) The supreme court designates the Wisconsin Reports as published by Lawyers Cooperative Publishing and the Wisconsin Reporter edition of the North Western Reporter published by West Group as official publications of the opinions, rules, and orders of the court of appeals and the supreme court and other items designated by the supreme court. If any authorized agency of this state publishes the opinions, rules, orders, and other matters of the court of appeals and the supreme court in a format approved by the supreme court after January 1, 1979, that publication shall also be designated as an official publication.

(2) The official publication of each opinion, rule, order, and other item of the supreme court issued on or after January 1, 2000, shall set forth the public domain citation of the opinion, rule, order, or other item and shall include the paragraph numbering of the opinion.

(3) The official publication of each opinion, rule, order, and other item of the court of appeals ordered to be published on or after January 1, 2000, shall set forth the public domain citation of the opinion, rule, order, or other item and shall include the paragraph numbering of the opinion.

SCR 80.02 Proper citation.

(1) The citation of any published opinion of the court of appeals or the supreme court in the table of cases in a brief and the initial citation in a memorandum or other document filed with the court of appeals or the supreme court shall include, in the order set forth, a reference to each of the following:

(a) the public domain citation, if it exists;

(b) the volume and page number of the Wisconsin Reports in which the opinion is published;

(2) Subsequent citations shall include at least one of the references in sub. (1) and shall be internally consistent.

(3) (a) Citation to specific portions of an opinion issued or ordered to be published prior to January 1, 2000, shall be by reference to page numbers, in the following form:

Smith v. Jones, 214 Wis. 2d 408, 412.

Doe v. Roe, 595 N.W.2d 346, 352.

(b) Citation to specific portions of an opinion issued on or after January 1, 2000, shall be by reference to paragraph numbers, in the following form:

Smith v. Jones, 2000 WI 14, ¶6

Smith v. Jones, 214 Wis. 2d 408, ¶12

Doe v. Roe, 2001 WI App 9, ¶17

Doe v. Roe, 595 N.W.2d 346, ¶27

(c) Citation to specific portions of an opinion issued prior to January 1, 2000, and ordered to be published after January 1, 2000, shall be by reference to paragraph numbers if they exist or to page numbers if paragraph numbers do not exist.

SCR 80.03 Title.

Lawyers Cooperative Publishing is authorized to designate the reports published by it as “Wisconsin Reports” provided that “Callaghan’s” is a prefix to the title.

IT IS FURTHER ORDERED that notice of these amendments of the Supreme Court Rules shall 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.

IT IS FURTHER ORDERED that, effective January 1, 2000,

(1) Each opinion, rule, order, and other item ordered to be published by the court of appeals shall set forth the calendar year in which it is ordered to be published, followed by the designation “WI App”, followed by the sequential number assigned to it by the clerk of the court for that calendar year.

(2) Each opinion, rule, order, and other item issued by the supreme court that is to be published shall set forth the calendar year in which it is issued, followed by the designation “WI”, followed by the sequential number assigned to it by the clerk of the court for that calendar year.

(3) The paragraphs of each opinion, including any concurrence and dissent to the opinion, issued by the court of appeals or the supreme court shall be numbered consecutively.

Dated at Madison, Wisconsin, this 28th day of June, 1999.