Initiating an appeal.
An appeal to the court of appeals must be initiated within 45 days of entry of judgment or order appealed from if written notice of the entry of judgment or order is given within 21 days of the 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.
An appeal under s. 227.60
shall be initiated within 15 days after entry of judgment or order appealed from.
Except as provided in subs. (4)
, an appeal in a criminal case or a case under ch. 48
shall be initiated within the time period specified in s. 809.30
Except as provided in sub. (7m)
, an appeal by the state in either a criminal case under s. 974.05
or a case under ch. 48
shall be initiated within 45 days of entry of the judgment or order appealed from.
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)
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 of the date of entry of the judgment or order appealed from. Notwithstanding s. 809.82 (2) (b)
, this time may not be enlarged.
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. Notwithstanding s. 809.82 (2) (b)
, this time period may not be enlarged.
If the record discloses that the judgment or order appealed from was entered after the notice of appeal was filed, the notice of appeal shall be treated as filed after such entry and on the day thereof.
History: 1977 c. 187
; 1979 c. 32
s. 92 (9)
, (14); 1979 c. 89
; 1981 c. 152
; 1981 c. 314
; 1983 a. 183
; 1983 a. 491
; 1985 a. 182
; Sup. Ct. Order, 130 Wis. 2d xi, xix (1986); Sup. Ct. Order, 136 Wis. 2d xxv (1987); 1989 a. 56
; 1989 a. 192
; 1991 a. 39
; Sup. Ct. Order, 168 Wis. 2d xix (1992); 1993 a. 395
; 1995 a. 77
; 1997 a. 133
See s. 809.50
for time to file permissive appeals.
Judicial Council Note, 1983: Sub. (2) requires expedited initiation of appeals in recall and eviction cases as well as cases in which the validity of a state law is attacked in federal district court. Sub. (3) references the appeal deadline for criminal, juvenile, mental commitment and protective placement appeals. Sub. (4) references the appeal deadline for appeals by the state in criminal and children's code cases. [Bill 151-S]
Effective date note
Judicial Council Note, 1986: The amendment to sub. (1) clarifies the time limit for notice of entry by cross-referencing s. 806.06 (5). [Re Order eff. 7-1-86]
Effective date note
Judicial Council Note, 1986: Subs. (3) and (4) are amended by removing references to a repealed statute. Sub. (7) requires a party other than the state to commence an appeal from a judgment or order terminating parental rights or granting an adoption by filing notice of intent to pursue relief in the trial court within 40 days after entry. It also prohibits enlargement of this time by the court of appeals. [Re Order eff. 7-1-87]
Judicial Council Note, 1992: Subsection (8) is analogous to Rule (4) (a) (2) of the Federal Rules of Appellate Procedure. It is intended to avoid the delay, confusion and prejudice which can result from dismissing appeals solely because they are filed before the judgment or order appealed from is entered. Appeals from judgments or orders which have not been entered are still dismissable. [Re Order effective July 1, 1992]
Notice under sub. (1) may not be given before judgment is entered. Sub-Zero Freezer Co. v. Manhattan Life Ins. Co. 90 Wis. 2d 76
, 279 N.W.2d 492
(Ct. App. 1979).
Where written notice of entry of judgment showed the incorrect date of entry, the time to appeal under s. 808.04 (1) was not shortened. Mock v. Czemierys, 113 Wis. 2d 207
, 336 N.W.2d 188
(Ct. App. 1983).
To shorten the appeal period under sub. (1), a formal, captioned and signed notice of entry of judgment stating the date of entry must be served on an opposing party within 21 days of the entry date and must be filed. Soquet v. Soquet, 117 Wis. 2d 553
, 345 N.W.2d 401
The date stamped on the judgment did not control as to the date of actual filing. Matter of Estate of Ristau, 144 Wis. 2d 421
, 424 N.W.2d 203
A summary contempt proceeding is not "prosecuted by the state" and appeal is pursuant to s. 808.04 (1). Matter of Contempt in State v. Simmons, 150 Wis. 2d 178
, 441 N.W.2d 308
(Ct. App. 1989).
Under sub. (1), notice of entry of judgment must be given within 21 days of the entry of the judgment, not of its signing, consistent with s. 806.06 (5). Linnmar, Inc. v. First Enterprises, 161 Wis. 2d 706
, 468 N.W.2d 753
(Ct. App. 1991).
Where a motion for reconsideration is filed under s. 805.17 (3), the 45-day time for appeal under s. 808.04 (1) applies beginning upon disposal of the motion. Salzman v. DNR, 168 Wis. 2d 523
, 484 N.W.2d 337
(Ct. App. 1992).
Strict compliance with the procedures for providing notice of entry of judgment is required. Notice of entry of judgment was ineffective where it was mailed to an incorrect address. Nichols v. Conlin, 198 Wis. 2d 287
, 542 N.W.2d 194
(Ct. App. 1995).
Proceedings under ch. 980 are civil and not criminal. The time limits under sub. (1), and not sub. (5), apply. State v. Brunette, 212 Wis. 2d 139
, 567 N.W.2d 647
(Ct. App. 1997).
When a judge normally presides in one county but is assigned by substitution to a case filed in another county, the filing and entry for appeal purposes occur when the document comes into the possession of the clerk of court in the county in which the case was commenced. State v. Williams, 230 Wis. 2d 50
, 601 N.W.2d 838
(Ct. App. 1999).
The supreme court may take jurisdiction of an appeal or any other proceeding pending in the court of appeals if:
It grants direct review upon a petition to bypass filed by a party;
It grants direct review upon certification from the court of appeals prior to the court of appeals hearing and deciding the matter; or
It, on its own motion, decides to review the matter directly.
History: 1977 c. 187
Relief pending appeal. 808.07(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. 808.07(2)(a)(a)
During the pendency of an appeal, a trial court or an appellate court may:
Stay execution or enforcement of a judgment or order;
Make any order appropriate to preserve the existing state of affairs or the effectiveness of the judgment subsequently to be entered.
During the pendency of an appeal, the trial court may hear and determine a motion filed under s. 806.07
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.
(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 10 days after service of a copy of the undertaking.
History: 1977 c. 187
; 1979 c. 32
; 1979 c. 110
s. 60 (9)
; 1983 a. 158
; Sup. Ct. Order, 130 Wis. 2d xix (1986); 1985 a. 332
Effective date note
Judicial Council Note, 1986: Sub. (2) (am) carries forward the authority of trial courts to hear and determine motions for relief from judgment during the pendency of an appeal. Authority of the appellate court to hear and determine such motions under prior sub. (2) (a) 4. has been repealed. [Re Order eff. 7-1-86]
A postjudgment order of the circuit court denying a motion under sub. (2) (a) 4 [now sub. (2) (am)] is not reviewable on appeal from the judgment. Chicago & N.W.R.R. v. Labor & Ind. Rev. Comm. 91 Wis. 2d 462
, 283 N.W.2d 603
(Ct. App. 1979).
Under s. 808.07 (1) and s. 808.075 (1), a circuit court has authority to confirm a sheriff's sale even though an appeal of the judgment of foreclosure and sale is pending. Community Nat. Bank v. O'Neill, 157 Wis. 2d 244
, 458 N.W.2d 385
(Ct. App. 1990).
There are no different appellate procedures if a lis pendens has been filed in the underlying action and no specific provisions governing the protection of a party's interest in real estate during an appeal. The need to obtain a stay to maintain the status quo is not displaced by the common law doctrine of lis pendens. Gaugert v. Duve, 2000 WI App 34, 233 Wis. 2d 190
, 607 N.W.2d 310
Permitted court actions pending appeal. 808.075(1)(1)
In any case, whether or not an appeal is pending, the circuit court may act under ss. 804.02 (2)
, 805.17 (3)
, 806.15 (2)
, 806.24 (4)
, 808.07 (1)
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 trial court. Thereafter, the circuit court may act only as provided in subs. (1)
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)
The circuit court may act as to the following despite the pendency of an appeal:
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
Commitment, conditional release, recommitment and discharge under s. 971.17
of a person found not guilty by reason of mental disease or defect.
Revision of judgment or order for child support, maintenance payments or family support payments under s. 767.32
Order for temporary maintenance, temporary child support or for suit money, counsel fees and disbursements in the appellate court under s. 767.39
Property division, where the court has expressly or impliedly reserved jurisdiction, provided the court does not revise or modify its final division of property.