Appeals and writs of error

Wis. Stat. ch. 808
in effect

Wis. Stat. § 808.01 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) “Appellate court” means the supreme court under ch. 751 or the court of appeals under ch. 752.

Wis. Stat. § 808.03 Appeals to the court of appeals

(1) Appeals as of right. A final judgment or a final order of a circuit court may be appealed as a matter of right to the court of appeals unless otherwise expressly provided by law. A final judgment or final order is a judgment, order or disposition that disposes of the entire matter in litigation as to one or more of the parties, whether rendered in an action or special proceeding, and that is one of the following: (a) Entered in accordance with s. 806.06 (1) (b) or 807.11 (2). (b) Recorded in docket entries in ch. 799 cases. (c) Recorded in docket entries in traffic regulation cases prosecuted in, or following a decision in a municipal court, appealed to, circuit court if a person convicted of a violation may be ordered to pay a forfeiture. (d) Recorded in docket entries in municipal ordinance violation cases prosecuted in, or following a decision in a municipal court, appealed to, circuit court. (2) Appeals by permission. A judgment or order not appealable as a matter of right under sub. (1) may be appealed to the court of appeals in advance of a final judgment or order upon leave granted by the court if it determines that an appeal will: (a) Materially advance the termination of the litigation or clarify further proceedings in the litigation; (b) Protect the petitioner from substantial or irreparable injury; or (c) Clarify an issue of general importance in the administration of justice. (3) Review of an order denying suppression or exclusion of evidence. (a) An order denying a motion to suppress evidence or a motion challenging the admissibility of a statement of a juvenile may be reviewed upon appeal from a final judgment or order notwithstanding the fact that the judgment or order was entered upon an admission or a plea of no contest to the allegations in the petition. (b) An order denying a motion to suppress evidence or a motion challenging the admissibility of a statement of a defendant may be reviewed upon appeal from a final judgment or order notwithstanding the fact that the judgment or order was entered upon a plea of guilty or no contest to the information or criminal complaint.

Wis. Stat. § 808.04 Time for appeal to the court of appeals

(1) Initiating an appeal. An appeal to the court of appeals must be initiated within 45 days of entry of a final judgment or order appealed from if written notice of the entry of a final judgment or order is given within 21 days of the final judgment or order as provided in s. 806.06 (5), or within 90 days of entry if notice is not given, except as provided in this section or otherwise expressly provided by law. Time limits for seeking review of a nonfinal judgment or order are established in s. 809.50. (1m) An appeal by a record subject under s. 19.356 shall be initiated within 20 days after the date of entry of the judgment or order appealed from. (1s) An appeal under s. 781.10 (2) (d) 5. shall be initiated within 30 days after the date of entry of the judgment or order appealed from. (2) An appeal under s. 227.60 or 799.445 shall be initiated within 15 days after entry of judgment or order appealed from. (3) Except as provided in subs. (4) and (7), an appeal in a proceeding under s. 971.17, a criminal case, or a case under ch. 48, 51, 55, 938, or 980 shall be initiated within the time period specified in s. 809.30 (2) or 809.32 (2), whichever is applicable. (4) Except as provided in sub. (7m), an appeal by the state in a proceeding under s. 971.17, a criminal case under s. 974.05, or a case under ch. 48, 938, or 980 shall be initiated within 45 days of entry of the judgment or order appealed from. (6) When a party to an action or special proceeding dies during the period allowed for appeal, the time to appeal is the time permitted by law or 120 days after the party’s death, whichever is later. If no personal representative qualifies within 60 days after the party’s death, any appellant may have a personal representative appointed under s. 856.07 (2). (7) An appeal by a party other than the state from a judgment or order granting adoption shall be initiated by filing the notice required by s. 809.30 (2) (b) within 40 days after the date of entry of the judgment or order appealed from. Notwithstanding s. 809.82 (2) (a), this time period may not be enlarged. (7m) An appeal from a judgment or order terminating parental rights or denying termination of parental rights shall be initiated by filing the notice required by s. 809.107 (2) within 30 days after the date of entry of the judgment or order appealed from. (7p) An appeal from a judgment or order under s. 809.104 shall be initiated by filing the notice required by s. 809.104 (2) (b) within 30 days after the date of entry of the judgment or order appealed from. (8) If the record discloses that the judgment or order appealed from was entered after the notice of appeal or intent to appeal was filed, the notice shall be treated as filed after that entry and on the day of the entry.

Wis. Stat. § 808.05 Bypass

The supreme court may take jurisdiction of an appeal or any other proceeding pending in the court of appeals if: (1) It grants direct review upon a petition to bypass filed by a party; (2) It grants direct review upon certification from the court of appeals prior to the court of appeals hearing and deciding the matter; or (3) It, on its own motion, decides to review the matter directly.

Wis. Stat. § 808.07 Relief pending appeal

(1) Effect of appeal. An appeal does not stay the execution or enforcement of the judgment or order appealed from except as provided in this section or as otherwise expressly provided by law. (2) Authority of a court to grant relief pending appeal. (a) During the pendency of an appeal, a trial court or an appellate court may: 1. Stay execution or enforcement of a judgment or order; 2. Suspend, modify, restore or grant an injunction; or 3. Make any order appropriate to preserve the existing state of affairs or the effectiveness of the judgment subsequently to be entered. (am) During the pendency of an appeal, the trial court may hear and determine a motion filed under s. 806.07. (b) Except as provided in s. 655.27 (5) (a) 3., relief under this subsection may be conditioned upon the filing of an undertaking in the trial court. (2m) Limit on undertaking. (a) During the pendency of an appeal of a judgment in any civil action, the court shall set the amount of the undertaking to be furnished by all appellants collectively in order to stay the execution of the judgment during appellate review, but the undertaking shall not exceed $100,000,000. (b) Notwithstanding par. (a), if an appellee proves by a preponderance of the evidence that an appellant is dissipating assets outside the ordinary course of business to avoid payment of a judgment, a court may enter any order necessary to protect the appellee and may require the appellant to post a bond in an amount not to exceed the amount of the judgment. (3) Undertaking for costs. An undertaking for costs is not required unless specifically required by statute, or, except as provided in s. 655.27 (5) (a) 3., by the trial court acting in its discretion. (4) Proceedings against a surety. A surety on an undertaking is subject to the jurisdiction of the trial court and irrevocably appoints the clerk of that court as the surety’s agent for service of any papers affecting his or her liability on the undertaking. A person may seek to enforce the surety’s liability by filing a motion in the action or proceeding in the trial court in which the undertaking was filed. (5) Public officials. A person or agency suing or being sued in an official public capacity is not required to execute an undertaking as a condition for relief under this section unless, except as provided in s. 655.27 (5) (a) 3., required by the court in its discretion. (6) Sureties on undertakings. A surety shall file with the undertaking an affidavit that the surety has a net worth in property within this state not exempt from execution which exceeds the amount of the undertaking, except as provided in s. 632.17 (2). The respondent may by motion object to the sufficiency of a surety within 14 days after service of a copy of the undertaking.

Wis. Stat. § 808.08 Further proceedings in trial court

When the record and remittitur are received in the trial court: (1) If the trial judge is ordered to take specific action, the judge shall do so as soon as possible. (2) If a new trial is ordered, the trial court, upon receipt of the remitted record, shall place the matter on the trial calendar. (3) If action or proceedings other than those mentioned in sub. (1) or (2) is ordered, any party may, within one year after receipt of the remitted record by the clerk of the trial court, make appropriate motion for further proceedings. If further proceedings are not so initiated, the action shall be dismissed except that an extension of the one-year period may be granted, on notice, by the trial court, if the order for extension is entered during the one-year period.

Wis. Stat. § 808.09 Reversal, affirmance or modification of judgment

Upon an appeal from a judgment or order an appellate court may reverse, affirm or modify the judgment or order as to any or all of the parties; may order a new trial; and, if the appeal is from a part of a judgment or order, may reverse, affirm or modify as to the part appealed from. In all cases an appellate court shall remit its judgment or decision to the court below and thereupon the court below shall proceed in accordance with the judgment or decision.

Wis. Stat. § 808.10 Review by the supreme court

(1) Petition for review; time limit. A decision of the court of appeals is reviewable by the supreme court only upon a petition for review granted by the supreme court. Except as provided in sub. (2) and ss. 809.32 (5) and 809.62 (1m), the petition for review shall be filed in the supreme court within 30 days of the date of the decision of the court of appeals. (2) Tolling pending court of appeals reconsideration. If a motion for reconsideration is filed in the court of appeals under s. 809.24 (1) within 20 days after the date of a decision of the court of appeals, the 30-day time period to file the petition for review starts on the date the court of appeals determines the motion for reconsideration by filing an order denying the motion for reconsideration or an amended decision.

Wis. Stat. § 808.11 Printing specifications

Briefs and appendices in cases before the supreme court shall be printed, typed, duplicated or reproduced clearly on paper of permanent quality, and in conformity with such rules as the court may prescribe with regard to organization, binding, color of print, and size of print, paper and margin.

Wis. Stat. § 808.075 Permitted court actions pending appeal

(1) In any case, whether or not an appeal is pending, the circuit court may act under ss. 801.18 (16), 804.02 (2), 805.15, 805.16, 805.17 (3), 806.07, 806.08, 806.15 (2), 806.24 (4), 808.07 (1) and (2), and 809.12. (2) In a case appealed under s. 809.30, the circuit court retains the power to act on all issues until the notice of appeal has been filed with the clerk of the circuit court, except that the circuit court may not act upon any motion to extend a time limit that is specified in s. 809.30. Thereafter, the circuit court may act only as provided in subs. (1) and (4). (3) In a case not appealed under s. 809.30, the circuit court retains the power to act on all issues until the record has been transmitted to the court of appeals. Thereafter, the circuit court may act only as provided in subs. (1) and (4). (4) The circuit court may act as to the following despite the pendency of an appeal: (a) In a case under ch. 48: 1. Review of actions by a guardian under s. 48.023. 2. Review of nonsecure custody orders under s. 48.207. 3. Review of secure detention orders under s. 48.208 and secure detention status reviews under s. 48.209 (1) (e). 4. Hearing for child held in custody under s. 48.21 or an adult expectant mother of an unborn child held in custody under s. 48.213. 5. Hearing upon involuntary removal under s. 48.305. 6. Revision of dispositional order under s. 48.363. 7. Extension of dispositional order under s. 48.365, unless s. 48.368 applies. 8. Review of permanency plan under s. 48.38 (5). 9. Release of confidential information under s. 48.396 or 48.78. 9m. Review of the conduct of a guardian under s. 48.9795 (10). 10. Revision of guardianship order under s. 48.977 (6). 11. Termination of guardianship under s. 48.977 (7) or 48.9795 (11), including removal of a guardian. 12. Rescission of a guardianship order under s. 48.978 (2) (L) 4., (m) 2. or (n) or (3) (d) 3. or 4., (j) 2. or 3. or (k) 2. or 3. 13. Appointment of a successor guardian under s. 48.9795 (8). 14. Order for visitation under s. 48.9795 (12). (b) In a case under ch. 51: 1. Disposition, modification and extension of commitment under s. 51.20 (13). 2. Reexamination of commitment under s. 51.20 (16). 3. Enforcement of patient rights under s. 51.61. 4. Commitment, conditional release, recommitment and discharge under s. 971.17 of a person found not guilty by reason of mental disease or defect. (c) In a case under ch. 55: 1. Protective placement review under s. 55.18, modification under s. 55.16, or termination under s. 55.17. 2. Hearing required upon transfer under s. 55.15. 3. Enforcement of patient’s rights under s. 55.23. (d) In a case under ch. 767: 1. Revision of orders for legal custody or periods of physical placement under s. 767.41, 767.451, 767.461, or 767.481. 2. Issuance or modification of orders for visitation rights under s. 767.43. 3. Annual adjustment of child or family support under s. 767.553. 4. Revision of judgment or order for child support, maintenance payments or family support payments under s. 767.59 or 767.89. 5. Order for temporary maintenance, temporary child support or for suit money, counsel fees and disbursements in the appellate court under s. 767.273. 6. Property division, where the court has expressly or impliedly reserved jurisdiction, provided the court does not revise or modify its final division of property. 7. Vacation or modification of judgment under s. 767.35 (6). 8. Revocation of judgment under s. 767.35 (7). 9. Enforcement of payments under s. 767.77, 767.804 (3), 767.805 (4), or 767.89. 10. Enforcement of orders under s. 767.78, 767.804 (3), 767.805 (4), or 767.89. 11. Enforcement or modification of assignments under s. 767.513 or 767.75. 12. Enforcement or modification of account transfers under s. 767.76. 13. Determination of charges and issuance of repayment orders under s. 767.71. (e) In a case under chs. 701 or 853 to 879, any matter, unless the appellate court directs the trial court not to act on specific issues or the trial court declines to act because the matter directly affects the issues on appeal. (f) In a case under ch. 54: 1. Review a bond under s. 54.46 (4) or 54.852 (9). 2. Release of deposited funds under s. 54.46 (4) (b) 3. 4. Appointment of successor guardian under s. 54.54 (1). 5. Approval of guardian’s exercise of marital property rights under s. 54.20 (2) (h). 6. Approval of management of property under s. 54.19 or 54.20. 7. Direction for use of estate for benefit of wards under s. 54.19 (4). 8. Examination of annual accounts and assets under ss. 54.62 and 54.66. 9. Removal of guardian under s. 54.68 (4) (d). 10. Determination of petitions for instructions to guardian. 11. Termination of guardianship under s. 54.64. 12. Restoration of specific legal rights under s. 54.64 (2) (c). 13. Authorization of purchase of a home for a ward under s. 54.852 (15) (a). (fn) In a case under ch. 938: 2. Review of nonsecure custody orders under s. 938.207. 3. Review of secure detention orders under s. 938.208 and secure detention status reviews under s. 938.209 (1) (a) 5. 4. Hearing for juvenile held in custody under s. 938.21. 5. Hearing upon involuntary removal under s. 938.305. 6. Revision of dispositional order under s. 938.363. 7. Extension of dispositional order under s. 938.365, unless s. 938.368 applies. 8. Review of permanency plan under s. 938.38 (5). 9. Release of confidential information under s. 938.396 or 938.78. (g) In a criminal case: 1. Release on bond under s. 809.31 or 969.01 (2). 2. Modification or revocation of bond under s. 969.01 (2) (e) or 969.08. 3. Imposition of sentence upon revocation of probation under s. 973.10 (2) (a). 4. Determination of sentence credit under s. 973.155. 5. Modification of a condition of probation or extension of probationary term under s. 973.09 (3) (a). 6. Modification of sentence. 7. Commitment, conditional release, recommitment and discharge under s. 971.17 of a person found not guilty by reason of mental disease or defect. (h) Commitment, supervised release, recommitment, discharge, and postcommitment relief under s. 980.10, 2003 stats., or ss. 980.06, 980.08, 980.09 (4), and 980.101 of a person found to be a sexually violent person under ch. 980. (5) Notwithstanding the limitations of this section, any party may petition the appellate court for remand to the circuit court for action upon specific issues. (6) In addition to sub. (5), the appellate court may remand the record to the circuit court for additional proceedings while the appeal is pending. (7) Upon completion of an action taken by the circuit court under sub. (1), (4), (5) or (6) of this section, the clerk shall send a copy of the judgment or order to the appellate court. (8) If an appellate court remands the record to the circuit court for additional proceedings under sub. (5) or (6), the appellate court, in the pending appeal, may review the judgment or order that the circuit court enters following remand. If any party is aggrieved by the judgment or order of the circuit court, the party shall file in the appellate court a written statement of objections to the judgment or order within 14 days after the record is returned to the clerk of the appellate court. A party that files a statement of objections need not file an additional notice of appeal or cross-appeal.
Source: WI Statutes (Official Site)URL: https://docs.legis.wisconsin.gov/statutes/statutes/808Fetched: 10/7/2026