2012 WI 111
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Supreme Court of Wisconsin |
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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 the Amendment of Supreme Court Rule 99.01(4)(e), Construction of Supreme Court Rules. |
FILED OCT 16, 2012 Diane M. Fremgen Clerk of Supreme Court Madison, WI |
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The court, on the
motion of Chief Justice Shirley S. Abrahamson, amends Supreme Court Rule (SCR)
99.01(4)(e) to correct a statutory reference contained in the rule provision.
By order dated
December 11, 1979, the supreme court adopted a petition filed by the Judicial Council
pursuant to which it created SCR Chapter 99, entitled "Construction of
Supreme Court Rules." Supreme court
rule 99.01(4)(e) addresses the manner in which time is computed under the rules
when a deadline falls on a date designated as a legal holiday under the
statutes. This rule currently references
Wis. Stat. § 757.17,
Legal Holiday. Section 757.17 has
been renumbered several times. In 1983 § 757.17 was renumbered Wis. Stat. § 895.20. 1983 Wis. Act 192, § 257. In 2005 § 895.20 was renumbered Wis. Stat. § 995.20. 2005 Wis. Act 155, § 33. The legislature has also amended the statute governing
legal holidays several times since 1979. The statutory citation in SCR 99.01(4)(e)
should be amended to refer to section 995.20 to reflect the legislative
changes.
Therefore,
IT IS ORDERED
that effective the date of this order, 99.01(4)(e) of the supreme court rules is
amended to read as follows:
99.01 (4) (e) "Legal holiday" as used in this rule means any statewide
legal holiday provided in section 757.17 995.20 of the statutes. When an act is permitted to be done by the use
of the postal service, and the last day within the time prescribed by law for
performing the act falls on a legal public holiday under federal law, or other
holiday designated by the president such that the postal service does not
receive certified mail or make regular deliveries on that day, the day shall be
considered a legal holiday for purposes of this rule.
IT IS FURTHER ORDERED
that notice of this amendment of the supreme court rules be given by a single
publication of a copy of this order in the official publications
designated in SCR 80.01, including the official publishers' online
databases, by the state bar of Wisconsin, and on the Wisconsin court system's web
site.
Dated at
Madison, Wisconsin, this 16th day of October, 2012.
BY THE COURT:
Diane M. Fremgen
Clerk of Supreme
Court