Chapter 809, RULES OF APPELLATE PROCEDURE

809.01 Rule (Definitions). In this chapter: (1) “Appeal” means a review in an appellate court by appeal or writ of error authorized by law of a judgment or order of a circuit court. (2) “Appellant” means a person who files a notice of appeal. (3) “Bookmark” means a hyperlink allo…

809.10 Rule (Initiating the appeal). (1) NOTICE OF APPEAL. (a) Filing. A person shall initiate an appeal by filing a notice of appeal with the clerk of the circuit court in which the judgment or order appealed from was entered. The clerk of the circuit court may not refuse to acc…

809.103 Appeals in proceedings related to prisoners. (1) In this section, “prisoner” has the meaning given in s. 801.02 (7) (a) 2. (2) The appellate court shall notify the department of justice by a procedure developed by the director of state courts in cooperation with the depar…

809.104 Appeal of decisions relating to electronics and information technology manufacturing zone. (1) APPLICABILITY. This section applies to the appeal of a judgment or order vacating, enjoining, reviewing, or otherwise relating to a decision by a state or local official, board,…

809.105 Appeals in proceedings related to parental consent prior to performance of abortion. (1) APPLICABILITY. This section applies to the appeal of an order under s. 48.375 (7) and supersedes all inconsistent provisions of this chapter. (2) INITIATING AN APPEAL. Only a minor ma…

809.107 Appeals in proceedings related to termination of parental rights. (1) APPLICABILITY. This section applies to the appeal of an order or judgment under s. 48.43 and supersedes all inconsistent provisions of this chapter. (1m) DEFINITION. In this section, “appellant” means a…

809.108 Appeals in proceedings related to political subdivision approvals. (1) APPLICABILITY. This section applies to the appeal of a judgment or order under s. 781.10 (2) (d) 5. and supersedes all inconsistent provisions of this chapter. (2) INITIATING AN APPEAL. A party may ini…

809.109 Rule (Appeals from orders entered pursuant to s. 971.14). (1) APPLICABILITY. This section applies to the appeal of an order under s. 971.14 and supersedes all inconsistent provisions of this chapter. (2) APPEAL OR POSTDISPOSITION MOTION. (a) Appeal procedure; counsel to c…

809.11 Rule (Items to be filed and transmitted). (1) FEE. The appellant shall pay the filing fee to the clerk of the court of appeals when the notice of appeal is filed. Payment may be made by check or through the court electronic payment system, unless arrangements are made with…

809.12 Rule (Motion for relief pending appeal). A person seeking relief under s. 808.07 shall file a motion in the trial court unless it is impractical to seek relief in the trial court. A motion in the court must show why it was impractical to seek relief in the trial court or, …

809.13 Rule (Intervention). A person who is not a party to an appeal may file in the court of appeals a petition to intervene in the appeal. A party may file a response to the petition within 11 days after service of the petition. The court may grant the petition upon a showing t…

809.14 Rule (Motions). (1) A party moving the appellate court for an order or other relief in a case shall file a motion for the order or other relief. The motion must state the order or relief sought and the grounds on which the motion is based and may include a statement of the…

809.15 Rule (Record on appeal). (1) COMPOSITION OF RECORD. (a) The record on appeal consists of the following unless the parties stipulate to the contrary: 1. The initiating document by which the action or proceeding was commenced; 2. Proof of service of summons or other process;…

809.17 Rule (Expedited appeals program, voluntary alternative dispute resolution and presubmission conference). (1) In order to minimize appellate delay and reduce its backlog, the court of appeals may develop an expedited appeals program. The program may involve mandatory comple…

809.18 Rule (Voluntary dismissal). (1) An appellant may dismiss a filed appeal by filing a notice of dismissal in the court or, if the appeal is not yet filed, in the circuit court. The dismissal of an appeal by the appellant or by agreement of the parties or their counsel does n…

809.19 Rule (Briefs and appendix). (1) BRIEF OF APPELLANT. The appellant shall file a brief within 40 days of the filing in the court of the record on appeal. The brief must contain: (a) A table of contents with page references of the various portions of the brief, including head…

809.20 Rule (Assignment and advancement of cases). The court may take cases under submission in such order and upon such notice as it determines. A party may file a motion to advance the submission of a case either before or after the briefs have been filed. The motion should rec…

809.21 Rule (Summary disposition). (1) The court upon its own motion or upon the motion of a party may dispose of an appeal summarily. (2) A party may file at any time a motion for summary disposition of an appeal. Section 809.14 governs the procedure on the motion. History: Sup.…

809.22 Rule (Oral argument). (1) The court shall determine whether a case is to be submitted with oral argument or on briefs only. (2) The court may direct that an appeal be submitted on briefs only if: (a) The arguments of the appellant: 1. Are plainly contrary to relevant legal…

809.23 Rule (Publication of opinions). 809.23(1)(1) Criteria for publication. 809.23(1)(a)(a) While neither controlling nor fully measuring the court’s discretion, criteria for publication in the official reports of an opinion of the court include whether the opinion: 809.23(1)(a…

809.24 Rule (Reconsideration). (1) Except as provided in sub. (4), a party may file a motion for reconsideration in the court of appeals within 20 days after the date of a decision issued pursuant to s. 752.41 (1). The motion must state with particularity the points of law or fac…

809.25 Rule (Costs and fees). (1) COSTS. (a) Costs in a civil appeal are allowed as follows unless otherwise ordered by the court: 1. Against the appellant before the court of appeals when the appeal is dismissed or the judgment or order affirmed. 2. Against the respondent before…

809.26 Rule (Remittitur). (1) The clerk of the court of appeals shall transmit to the circuit court the judgment and decision or order of the court and the record in the case filed pursuant to s. 809.15 31 days after the filing of the decision or order of the court, or as soon th…

809.30 Rule (Appeals in s. 971.17 proceedings and in criminal, ch. 48, 51, 55, 938, and 980 cases). (1) DEFINITIONS. In this subchapter: (a) “Final adjudication” means the entry of a final judgment or order by the circuit court in a s. 971.17 proceeding, in a criminal case, or in…

809.31 Rule (Release on bond pending seeking postconviction relief). (1) A defendant convicted of a misdemeanor or felony who is seeking relief from a conviction and sentence of imprisonment or to the intensive sanctions program and who seeks release on bond pending a determinati…

809.32 Rule (No merit reports). 809.32(1)(1) No-merit report, response, and supplemental no-merit report. 809.32(1)(a)(a) No-merit report. If an attorney appointed under s. 809.30 (2) (e) or ch. 977 concludes that a direct appeal on behalf of the person would be frivolous and wit…

809.40 Rule (Appeals in termination of parental rights, ch. 799, traffic regulation, municipal ordinance violation, and parental consent to abortion cases). (1m) An appeal from an order denying a petition under s. 48.375 (7) is governed by the procedures specified in s. 809.105, …

809.41 Rule (Motion for 3-judge panel or hearing in county of origin). (1) MOTION FOR 3-JUDGE PANEL. (a) If an appellant desires the matter to be decided by a 3-judge panel, the appellant shall file a motion for a 3-judge panel with the notice of appeal required by s. 809.10 (1) …

809.42 Rule (Waiver of oral argument). The appellant and respondent in an appeal under s. 752.31 (2) may waive oral argument, subject to approval of the court. History: Sup. Ct. Order, 83 Wis. 2d xiii (1978); Sup. Ct. Order, 92 Wis. 2d xiii (1979). Judicial Council Committee’s No…

809.50 Rule (Appeal from judgment or order not appealable as of right). (1) A person shall seek leave of the court to appeal a judgment or order not appealable as of right under s. 808.03 (1) by filing with the court of appeals within 14 days after the entry of the judgment or or…

809.51 Rule (Supervisory writ and original jurisdiction to issue prerogative writ). (1) A person may request the court to exercise its supervisory jurisdiction or its original jurisdiction to issue a prerogative writ over a court and the presiding judge, or other person or body, …

809.52 Rule (Temporary relief). A petitioner may request in a petition filed under s. 809.50 or 809.51 that the court grant temporary relief pending disposition of the petition. The court or a judge of the court may grant temporary relief upon the terms and conditions it consider…

809.60 Rule (Petition to bypass). (1) (a) A party may file with the supreme court a petition to bypass the court of appeals pursuant to s. 808.05 no later than 14 days following the filing of the respondent’s brief under s. 809.19 or response. The petition must include a statemen…

809.61 Rule (Bypass by certification of court of appeals or upon motion of supreme court). The supreme court may take jurisdiction of an appeal or other proceeding in the court of appeals upon certification by the court of appeals or upon the supreme court’s own motion. The supre…

809.62 Rule (Petition for review). (1g) DEFINITIONS. In this section: (a) “Adverse decision” means a final order or decision of the court of appeals, the result of which is contrary, in whole or in part, to the result sought in that court by any party seeking review. (b) “Adverse…

809.63 Rule (Procedure in supreme court). When the supreme court takes jurisdiction of an appeal or other proceeding, the rules governing procedures in the court of appeals are applicable to proceedings in the supreme court unless otherwise ordered by the supreme court in a parti…

809.64 Rule (Reconsideration). A party may seek reconsideration of the judgment or opinion of the supreme court by filing a motion under s. 809.14 for reconsideration within 20 days after the date of the decision of the supreme court. History: Sup. Ct. Order, 83 Wis. 2d xiii (197…

809.70 Rule (Original action). (1) A person may request the supreme court to take jurisdiction of an original action by filing a petition which may be supported by a memorandum. The petition shall be served on each party and proposed respondent by traditional methods as provided …

809.71 Rule (Supervisory writ). (1) A person may request the supreme court to exercise its supervisory jurisdiction over a court and the judge presiding therein or other person or body by filing a petition in accordance with s. 809.51. The petition shall be served on each party a…

809.80 Rule (Filing and service of documents by traditional methods). (1) FILING BY TRADITIONAL METHODS. A person who is not an electronic filing user, as defined in s. 809.01 (33), shall file a paper copy of any document required to be filed by these rules with the clerk of the …

809.801 Rule (Appellate electronic filing). (1) DEFINITIONS. The definitions in s. 809.01 apply in this section. (2) EFFECTIVE DATE; APPLICABILITY. (a) At the direction of the supreme court, the director shall implement an electronic filing system for the Wisconsin supreme court …

809.802 Rule (Service on the state in certain proceedings). 809.81 Rule (Form of papers). 809.82 Rule (Computation and enlargement of time). 809.83 Rule (Penalties for delay or noncompliance with rules). 809.84 Rule (Applicability of rules of civil procedure). 809.85 Rule (Contin…

809.81 Rule (Form of papers). The format of a document filed in the court must conform to the following requirements unless expressly provided otherwise in these rules: (1) SIZE. Formatted to fit 8.5 by 11 inch paper. (3) STYLE. Produced using either a monospaced or a proportiona…

809.82 Rule (Computation and enlargement of time). (1) COMPUTATION. In computing any period of time prescribed by these rules, the provisions of s. 801.15 (1) and (5) apply. (2) ENLARGEMENT OR REDUCTION OF TIME. (a) Except as provided in this subsection, the court upon its own mo…

809.83 Rule (Penalties for delay or noncompliance with rules). (1) DELAY; EXTRA COSTS AND DAMAGES. (a) If the court finds that an appeal was taken for the purpose of delay, it may award any of the following: 1. Double costs. 2. A penalty in addition to interest not exceeding 10 p…

809.84 Rule (Applicability of rules of civil procedure). An appeal to the court is governed by the rules of civil procedure as to all matters not covered by these rules unless the circumstances of the appeal or the context of the rule of civil procedure requires a contrary result…

809.85 Rule (Continuation, appearance, substitution or withdrawal of counsel). (1) APPOINTED COUNSEL TO CONTINUE. An attorney appointed by a lower court in a case or proceeding appealed to the court shall continue to act in the same capacity in the court until the court relieves …

809.86 Rule (Identification of victims and others in briefing, petitions for review, and responses to petitions for review). (1) DECLARATION OF POLICY. By enacting this rule, the supreme court intends to better protect the privacy and dignity interests of crime victims. It requir…