Bills · 2021-2022 Regular Session
Relating to: procedures for de novo review in actions affecting the family.
Circuit court Court — Commissioner Divorce Family — Support
- Introduced, completed
- Passes Assembly, completed
- Passes Senate, completed
- Governor signs, completed
- Law, completed
Unfamiliar terms? Glossary
What this bill does
Plain-language analysis by the nonpartisan Legislative Reference Bureau
This bill establishes specific procedures and parameters for seeking de novo
review of a court commissioner's determination, order, or ruling in an action affecting
the family. The bill maintains current law standards that allow a party to have a
determination, order, or ruling of a circuit court commissioner reviewed by the circuit
court judge of the branch to which the case is assigned by holding a hearing de novo,
but the bill adds specific requirements for the review. Under the bill, a party must
be present at the hearing in order to seek a de novo review, and de novo review does
not apply to any stipulations entered into between the parties. The bill provides that
a notice requesting a hearing de novo does not stay a court commissioner's order
unless the court specifically grants a stay of that order.
Under the bill, a party must file a motion for a hearing de novo within 20
calendar days of the court commissioner's oral ruling or, if there was no oral ruling,
within 20 calendar days of the mailing of the commissioner's written decision or
order. With the exception of certain rulings involving relocating a child's residence,
the court must hold a hearing de novo no later than 60 days from the date the motion
for a hearing de novo is filed.
Sponsors
Introduced by: J. Rodriguez (R) , Snyder (R) , Tusler (R)
Votes
Assembly: Report passage recommended by Committee on Family Law, Ayes 9, Noes 0
Passed 9–0 Feb 1, 2022 official source full pageNo individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.
Senate: Public hearing requirement waived by committee on Senate Organization, pursuant to Senate Rule 18 (1m), Ayes 5, Noes 0
Passed 5–0 Feb 22, 2022 official source full pageNo individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.
Full history
- Nov 24, 2021 · Assembly
Introduced by Representatives Tusler, Snyder and J. Rodriguez; cosponsored by Senator Wimberger
- Nov 24, 2021 · Assembly
Read first time and referred to Committee on Family Law
- Dec 1, 2021 · Assembly
Public hearing held
- Jan 19, 2022 · Assembly
Executive action taken
- Feb 1, 2022 · Assembly
Report passage recommended by Committee on Family Law, Ayes 9, Noes 0
- Feb 1, 2022 · Assembly
Referred to committee on Rules
- Feb 17, 2022 · Assembly
Placed on calendar 2-22-2022 by Committee on Rules
- Feb 22, 2022 · Assembly
Read a third time and passed
- Feb 22, 2022 · Assembly
Ordered immediately messaged
- Feb 22, 2022 · Senate
Received from Assembly
- Feb 22, 2022 · Senate
Read first time and referred to committee on Senate Organization
- Feb 22, 2022 · Senate
Public hearing requirement waived by committee on Senate Organization, pursuant to Senate Rule 18 (1m), Ayes 5, Noes 0
- Feb 22, 2022 · Senate
Placed on calendar 2-22-2022 pursuant to Senate Rule 18(1)
- Feb 22, 2022 · Senate
Representative Steffen added as a coauthor
- Feb 22, 2022 · Senate
Read a second time
- Feb 22, 2022 · Senate
Ordered to a third reading
- Feb 22, 2022 · Senate
Rules suspended
- Feb 22, 2022 · Senate
Read a third time and concurred in
- Feb 22, 2022 · Senate
Ordered immediately messaged
- Feb 22, 2022 · Assembly
Read a second time
- Feb 22, 2022 · Assembly
Ordered to a third reading
- Feb 22, 2022 · Assembly
Rules suspended
- Feb 23, 2022 · Assembly
Received from Senate concurred in
- Feb 28, 2022 · Assembly
Report correctly enrolled on 2-28-2022
- Mar 15, 2022 · Assembly
Presented to the Governor on 3-15-2022
- Mar 18, 2022 · Assembly
Report approved by the Governor on 3-18-2022. 2021 Wisconsin Act 205
- Mar 23, 2022 · Assembly
Published 3-19-2022