2025 Wisconsin Statutes & Annotations
Chapter 752 - Court of appeals.
752.21 - Venue.
752.21 Venue.
(1) Except as provided in sub. (2), a judgment or order appealed to the court of appeals shall be heard in the court of appeals district which contains the court from which the judgment or order is appealed.
(2) A judgment or order appealed from an action venued in a county designated by the plaintiff to the action as provided under s. 801.50 (3) (a) shall be heard in a court of appeals district selected by the appellant but the court of appeals district may not be the court of appeals district that contains the court from which the judgment or order is appealed.
History: 1977 c. 187; 2011 a. 61.
A plaintiff designates the county for circuit court venue within the meaning of s. 801.50 (3) (a) when the plaintiff specifies venue. For purposes of sub. (2), even when s. 227.53 (1) (a) 3. eliminates any opportunity to choose a county, the plaintiff still designates venue within the meaning of s. 801.50 (3) (a). State ex rel. DNR v. Wisconsin Court of Appeals, 2018 WI 25, 380 Wis. 2d 354, 909 N.W.2d 114, 16-1980.
In this case, the lawsuit clearly related to the validity or invalidity of a rule or guidance document within the meaning of s. 801.50 (3) (b). It was likewise clear that the lawsuit remained within the confines of s. 801.50 (3) (b) even though the plaintiff sought injunctive relief in addition to declaratory relief. Because the claim for injunctive relief was completely dependent upon a favorable decision on the claim for declaratory relief, the action was quintessentially one for declaratory relief. Thus, venue was not also proper under s. 801.50 (3) (a) and did not trigger the appellate venue-shifting provision of sub. (2). State ex rel. Kormanik v. Brash, 2022 WI 67, 404 Wis. 2d 568, 980 N.W.2d 948, 22-1736.
