Understanding Civil Court Records in Wisconsin
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Wisconsin civil court records are legal documents and other materials about civil actions filed within the Wisconsin court system. These records serve as the official account of general and noteworthy events that transpired in civil actions as they go through the court system. Civil actions are non-criminal cases that involve resolving disputes between two or more parties with the assistance of a court. These parties may be private individuals, corporations, groups, or government entities.
In Wisconsin, each county has a Clerk of Courts office that is responsible for maintaining civil court records generated by the local Circuit Court. These records are typically reported to the state's judiciary, which serves as the central repository for court records. Civil court records in Wisconsin are subject to the Wisconsin Public Records Law, codified in Wis. Stat. §§ 19.31 to 19.39. However, the law is not absolute. As a result, certain records and information may be protected from public access.
Civil Court Record Statistics Reported by Wisconsin Courts
Wisconsin reported 177,299 incoming civil cases in 2023, a 10% increase from the previous year (2022), when 160,009 civil cases were reported. A breakdown of the 2023 statistics reveals that small claims, with a total of 122,390 cases, accounted for a significant portion (approximately 69%) of the civil caseload reported that year. Other notable civil case types and their respective caseloads in 2023 include 5,853 tort cases, 55,707 contract cases, 644 real property cases, 18,166 probate/estate cases, 11,245 mental health cases, and 383 civil appeals.
How Civil Records Differ from Criminal Records in Wisconsin
In Wisconsin, civil records are court documents that contain information about civil actions. These actions aim to settle disputes among private parties, such as individuals or entities. They usually involve one party accusing another of harming them, their reputation, or their property, or of failing to fulfill an obligation. On the other hand, criminal records are derived from criminal actions, where the state prosecutes an individual for an alleged crime.
The table below highlights other key differences between civil and criminal records in Wisconsin:
| Category | Civil Record | Criminal Record |
|---|---|---|
| Legal Focus | Disputes between private parties | Alleged criminal offenses prosecuted by the state |
| Case Titles | Plaintiff vs Defendant | State of Wisconsin vs Defendant |
| Potential Outcome | Monetary damages, specific performance, injunctions, and punitive damages. | Probation, community service, fines, restitution, jail time, or imprisonment |
| Public Access | Usually public, with certain exceptions. Some types of civil cases and records that are exempt from public access include, but are not limited to, adoptions, terminations of parental rights, guardianship appointments, and mental health commitments. | Usually public. However, certain records are statutorily deemed confidential, including but not limited to juvenile delinquency proceedings and sealed or redacted records. |
| Governing laws | Wisconsin Rule Civil Procedure (Wisconsin Statutes Chapter 802) | Wisconsin Criminal Codes (Wisconsin Statutes Chapter 939 to 951) |
Structure of the Civil Court System in Wisconsin
Wisconsin's court system is made up of four (4) types of courts: the Supreme Court, Court of Appeals, Circuit Courts, and Municipal Courts. The court system structure was established by Article VII, Section 2 of the Wisconsin Constitution. Since 1978, Wisconsin's circuit courts have been the state's only trial courts, exercising original jurisdiction over all civil and criminal matters that arise within the state. These include civil and criminal jury trials, probate, traffic offenses, and juvenile cases. The table below provides a breakdown of the types of civil cases heard by the relevant courts in Wisconsin.
| Court | Type of Civil Cases |
|---|---|
| Circuit Court | All civil cases, regardless of the specific type. These include small and large claims, torts, personal injury, product liabilities, contract-related disputes, and more. |
Although both criminal and civil cases are subject to the same laws, such as the Wisconsin Public Records Law, they are inherently different in the way they are initiated and handled by the state's court system. Furthermore, they each have separate laws governing their procedures. Civil cases are governed by Wisconsin Statutes Chapter 802, while criminal cases are subject to Wisconsin Statutes Chapters 939 to 951.
Public Access to Civil Court Documents in Wisconsin
Most civil court documents in Wisconsin are considered public pursuant to Wisconsin Public Records Law. The law establishes the general public's right to access government records, including civil court documents, with certain exceptions.
Generally, court records of certain types of cases are statutorily classified as confidential. Some examples include mental health commitments, adoptions, guardianship appointments, and parental rights terminations. Furthermore, some public cases may have specific documents that are considered confidential, even though the remaining case documents are public. An example is a financial disclosure statement submitted during a divorce action. Additionally, court records may be sealed or redacted due to a court order, while others only become public after specific events occur. For instance, an action to determine paternity remains confidential until paternity is determined.
The most convenient way for record seekers to search and access civil court documents in Wisconsin is online through the Wisconsin Circuit Court Access (WCCA) website. The WCCA is a free public service tool launched by the Wisconsin Director of State Courts in 1999. Users may access information about non-confidential civil cases through the WCCA at any time, free of charge. They may search for cases on the website by party name or case number. However, actual court documents are not displayed in the WCCA.
The primary way to access entire civil case files, including court documents, is through the clerk of court's office in the county where a case was heard. Some counties' clerks of court's offices store court records electronically and make them available for free public viewing through public access terminals situated in their offices. Most clerks also maintain paper files that individuals may inspect in person or request copies for a fee. The contact information, office address, and official website of these clerks may be sourced through the Wisconsin Court System's Clerk contact information directory.
Types of Civil Cases Filed in Wisconsin Courts
Examples of civil cases that are filed in Wisconsin Courts include, but are not limited to:
- Breach of contract: This occurs as a result of one party in a legally binding agreement violating the terms of the agreement, such as failing to fulfill their stated obligations.
- Restraining order or injunctions: this involves an individual seeking a court order that requires another individual to abstain from committing a specific act, such as harassment, copyright infringement, stalking, or domestic abuse.
- Torts: This is a means by which individuals or entities may seek compensation to recover damages they have suffered as a result of another party's actions or negligence.
- Small claims: These are civil claims involving damage claims valued under $10,000
- Large claims: These civil claims involve damage claims over $10,000 or tort claims over $50,000.
Information Captured in Wisconsin Civil Court Files
General information captured in Wisconsin civil court files includes case numbers, filing dates, case types, and the personal details of the parties involved in the case, such as their full names, genders, races, dates of birth, and addresses. Civil court files are also composed of different legal documents. Examples of these documents include;
- Summons
- Complaint
- Answer
- Counterclaims
- Motions
- Judgements
- Satisfaction
- minutes
Depending on the type of civil case, several additional documents may also be included in the case's court files. However, some civil court files may also contain confidential information, as specified in a state statute, federal law, court rule, or court order. These confidential pieces of information are usually redacted before the case's court files are made public. Some examples include financial identifying information, such as an individual's customer or account number with a financial institution, as per Wis. Stat. 19.36 (13).
Retention and Archiving of Civil Court Records in Wisconsin
The Wisconsin Supreme Court Rules (SCR) Chapter 72 establishes the general timeframe for retaining different types of civil court records in Wisconsin. These records and their respective retention timeframe include:
- Civil case files: 20 years after the case's final order was entered.
- Small claims case files: 20 years after the case's final order entry for contested cases, and a year from the filing date for cases that were dismissed or resulted in a default judgment.
- Family case files: 30 years after the case's final order or judgment of divorce entry. However, cases involving continued support or maintenance payments are retained for 7 years after the last payment was made or an order terminating maintenance is filed.
- Estate case files and probate court records: 75 years after a final judgment or an order discharging personal representatives or trustees is entered.
- Guardianship case files: 7 years after the guardianship termination
- Parental rights termination and adoption case files: permanent
The retention timeframes listed above apply to all relevant civil court records, regardless of the format (paper and electronic) in which they are maintained. Furthermore, after compliance with applicable minimum retention timeframes, civil records are destroyed by their respective custodians through shredding, burning, or other means that obliterate the records per SCR 72.02.
References and Official Resources
Interested persons may direct all requests and questions about civil court records in Wisconsin to the following public agencies/offices and official resources:
- Wisconsin Circuit Court Access (WCCA) website: this is a free online resource individuals may use to search and access public information about cases handled by Wisconsin Circuit Courts, including civil cases.
- Wisconsin County Clerk of Court Contact Information Directory: This directory contains the office addresses and contact information of county clerk of court offices, which are the primary custodians of civil court records in the state.