809.52 Rule (Temporary relief). A petitioner may request in a petition filed under s. 809.50 or 809.51 that the court grant temporary relief pending disposition of the petition. The court or a judge of the court may grant temporary relief upon the terms and conditions it considers appropriate.
History: Sup. Ct. Order, 83 Wis. 2d xiii (1978); 1981 c. 390 s. 252.
Judicial Council Committee's Note, 1978: Rules 809.51 to 809.52 incorporate into the rules for the first time the procedures to be followed when the court is asked to exercise its supervisory jurisdiction. For an excellent discussion of original and supervisory jurisdiction of the Supreme Court and the distinction between them see the opinion by Justice Wickhem in Petition of Heil, 230 Wis. 428, 284 N.W. 42 (1939). To a large degree the procedures specified in 201 Wis. 123, 229 N.W. 643 (1930) are followed, but some of the features of Rule 21, FRAP, are included.
There are a number of changes, however, from prior procedures. The parties in the action or proceeding in the trial court must be made respondents in the Court of Appeals because they in most cases are the real parties in interest. Usually the judge whose order is being challenged has no direct interest in the outcome and should not be forced to appear but may, of course, do so. The Attorney General must also be served in certain cases such as declaratory judgments involving the constitutionality of a statute or arising under Chapter 227, the administrative procedure act.
The petition must be filed with the clerk rather than being submitted ex parte to a judge of the court. By virtue of the requirement that the petition be filed, it must previously have been served on opposing parties as required by s. 809.80. The initial action of the court will be to direct the respondents to answer the petition rather than to issue an order to show cause why the relief requested should not be granted. [Re Order effective July 1, 1978]
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 809 - Rules of appellate procedure.
809.10 - Rule (Initiating the appeal).
809.103 - Appeals in proceedings related to prisoners.
809.104 - Appeal of decisions relating to electronics and information technology manufacturing zone.
809.105 - Appeals in proceedings related to parental consent prior to performance of abortion.
809.107 - Appeals in proceedings related to termination of parental rights.
809.11 - Rule (Items to be filed and transmitted).
809.12 - Rule (Motion for relief pending appeal).
809.15 - Rule (Record on appeal).
809.18 - Rule (Voluntary dismissal).
809.19 - Rule (Briefs and appendix).
809.20 - Rule (Assignment and advancement of cases).
809.21 - Rule (Summary disposition).
809.22 - Rule (Oral argument).
809.23 - Rule (Publication of opinions).
809.24 - Rule (Reconsideration).
809.25 - Rule (Costs and fees).
809.31 - Rule (Release on bond pending seeking postconviction relief).
809.32 - Rule (No merit reports).
809.41 - Rule (Motion for 3-judge panel or hearing in county of origin).
809.42 - Rule (Waiver of oral argument).
809.50 - Rule (Appeal from judgment or order not appealable as of right).
809.51 - Rule (Supervisory writ and original jurisdiction to issue prerogative writ).
809.52 - Rule (Temporary relief).
809.60 - Rule (Petition to bypass).
809.61 - Rule (Bypass by certification of court of appeals or upon motion of supreme court).
809.62 - Rule (Petition for review).
809.63 - Rule (Procedure in supreme court).
809.64 - Rule (Reconsideration).
809.70 - Rule (Original action).
809.71 - Rule (Supervisory writ).
809.80 - Rule (Filing and service of documents by traditional methods).
809.801 - Rule (Appellate electronic filing).
809.802 - Rule (Service on the state in certain proceedings).
809.81 - Rule (Form of papers).
809.82 - Rule (Computation and enlargement of time).
809.83 - Rule (Penalties for delay or noncompliance with rules).
809.84 - Rule (Applicability of rules of civil procedure).
809.85 - Rule (Continuation, appearance, substitution or withdrawal of counsel).