Decisions by courts are referred to in a variety of ways, including "cases", "case law" or "opinions". The standard style of citing published decisions in print includes five components: 1) the name of the case, which is usually the names of the parties, 2) the volume number of the reporter that contains the case, 3) the abbreviated name of the case reporter, 4) the page number where the opinion begins, and 5) the year the case was decided enclosed in parenthesis. With the advent of widespread electronic case access, additional citation information has developed, allowing researchers to locate the case online. Both styles must be used in Wisconsin citations.
Wisconsin Print Case Reporters
Cases are often printed in more than one reporter. Citations to the case in both publications are called "parallel citations." Wisconsin has two reporters for cases decided by its Supreme Court and Court of Appeals: Callaghan's Wisconsin Reports (abbreviated "Wis.") and North Western Reporter (abbreviated "N.W."). Both reporters are in their second series. The following illustrations cite to hypothetical cases, one older and one more recent, located in print volumes of the Wisconsin Reports and the North Western Reporter. Note that case names should be underlined or italicized.
Illustrations
Wisconsin Reports first series are cited: Name v. Other Name, 112 Wis. 1 (1901)
Wisconsin Reports second series are cited: Name v. Other Name, 112 Wis. 2d 1 (1990)
North Western Reporter first series is cited: Name v. Other Name, 87 N.W. 849 (1901)
North Western Reporter second series is cited: Name v. Other Name, 331 N.W.2d 840 (1990)
A citation to a Wisconsin case contained in both official reporters would be considered a parallel citation: Name v. Other Name, 112 Wis. 2d 1, 331 N.W.2d 840 (1990). It would be extremely unlikely that parallel citations would have the same volume and page numbers and any such occurrence would be solely a matter of coincidence since the North Western Reporter covers multiple states.
Public Domain Citation System Effective January 1, 2000
The Wisconsin Supreme Court adopted a new format for citation of Supreme Court and published Court of Appeals decisions effective January 1, 2000. The new format consists of: 1) the parties' names, 2) year of decision, 3) the abbreviated name of the court issuing the decision, and 4) a sequential number assigned by the Clerk of Courts' office.
Illustrations
Supreme Court example: Name v. Other Name, 2001 WI 5. This refers to the fifth opinion issued by the Wisconsin Supreme Court in the year 2001.
Court of Appeals example: Name v. Other Name, 2001 WI App 5. This refers to the fifth opinion issued by the Wisconsin Court of Appeals in the year 2001.
Wisconsin Reports and the North Western Reporter remain official reporters, whose contents reflect the authoritative text of Wisconsin court decisions. The public domain citation is an additional citation format, not a substitute. Therefore, the first time a case with a public domain citation is mentioned in a document, all three citation formats must be used in the following order: the public domain cite, the Wisconsin Reports cite and the North Western Reporter cite. Since the year is noted at the beginning, there is no need to include it in parentheses at the end of the citation.
Illustrations
Name v. Other Name, 2001 WI 5, 240 Wis. 2d 82, 615 N.W.2d 629.
Later citation to the case in the document may be to just one of the three references but the same reference choice must be used consistently throughout the document.
All opinions issued with public domain citations contain consecutively numbered paragraphs. Citations to specific portions of an opinion issued on or after January 1, 2000 must be to paragraph numbers, not page numbers. Both official print reporters, the Wisconsin Reports and the North Western Reporter, are required to include public domain paragraphs in opinions published after January 1, 2000.
Illustrations
2001 WI 5, ¶20.
240 Wis. 2d 82, ¶20.
615 N.W.2d 629, ¶20.
Additional Resources
SCR 80.02 (2007-08). The Wisconsin Supreme Court Rules are found in the Wisconsin Statutes, Vol. 5. Wisconsin Statutes can be in found in print near the reference desk and in the Wisconsin Room at call no. KFW 2420.A22 or online at the Wisconsin State Legislature website.
State Bar of Wisconsin, Wisconsin Guide to Citation (6th ed. 2005). Print copies of this resource can be located on reserve, in the reference area and in the Wisconsin Room at call no. KFW 2475.W57 2005.
The Blue Book: A Uniform System of Citation (18th ed. 2005). Print copies can be located on reserve, in the reference area and in the stacks at call no. KF 245.U56.
Updated 2/2010 ezw