Wisconsin § 753.04 - Writs, how issued; certiorari.

§ 753.04. Writs, how issued; certiorari.

All writs issued from the circuit court shall be in the name of the state of Wisconsin, shall bear date the day they are issued, be attested in the name of the judge of the circuit in which issued, and if there is no such judge, then in the name of the chief judge of the court of appeals or the chief justice of the supreme court, be returnable on a date certain which is not more than 60 days from the date of issuance, unless otherwise directed by law, by the judge or by rule of court, be signed by the clerk, sealed with the seal of the court and directed to some officer or person authorized to serve or execute the writs. All writs of certiorari issued to review any action taken by a county board, town board, common council of any city or board of trustees of any village, or any record lawfully in the custody of a county clerk, town clerk, city clerk or village clerk may be addressed to and served upon the proper county clerk, town clerk, city clerk or village clerk, respectively, who shall make return thereto. 753.04 History History: 1977 c. 187 s. 92 ; 1977 c. 449 ; Stats. 1977 s. 753.04. 753.04 Annotation A writ of certiorari proceeding bears no resemblance to a civil action brought to resolve a dispute between the parties; it exists only to test the validity of judicial or quasi-judicial determinations, and it neither contemplates nor authorizes the respondent to interpose any answers, denials, or defenses. Merkel v. Village of Germantown, 218 Wis. 2d 572 , 581 N.W.2d 552 (Ct. App. 1998), 97-3347 . But see State ex rel. Kurtzweil v. Sawyer County Zoning Board of Appeals, 2023 WI App 43 , 409 Wis. 2d 77 , 995 N.W.2d 286 , 22-1577 .