CIVIL APPEAL PROCEDURE IN COURT OF APPEALS
809.10 Rule (Initiating the appeal).
809.103 Appeals in proceedings related to prisoners.
809.105 Appeals in proceedings related to parental consent prior to performance of abortion.
809.107 Appeals in proceedings related to termination of parental rights.
809.11 Rule (Items to be filed and forwarded).
809.12 Rule (Motion for relief pending appeal).
809.13 Rule (Intervention).
809.15 Rule (Record on appeal).
809.17 Rule (Expedited appeals program, voluntary alternative dispute resolution and presubmission conference).
809.18 Rule (Voluntary dismissal).
809.19 Rule (Briefs and appendix).
809.20 Rule (Assignment and advancement of cases).
809.21 Rule (Summary disposition).
809.22 Rule (Oral argument).
809.23 Rule (Publication of opinions).
809.24 Rule (Reconsideration).
809.25 Rule (Costs and fees).
809.26 Rule (Remittitur).
SUBCHAPTER III
APPEAL PROCEDURE IN COURT OF APPEALS
IN S.
971.17 PROCEEDINGS AND IN CRIMINAL
AND CH.
48,
51,
55,
938, AND 980 CASES
809.30 Rule (Appeals in s.
971.17 proceedings and in criminal, ch.
48,
51,
55,
938, and
980 cases).
809.31 Rule (Release on bond pending seeking postconviction relief).
809.32 Rule (No merit reports).
SUBCHAPTER IV
APPEAL PROCEDURE IN COURT OF APPEALS
IN TERMINATION OF PARENTAL RIGHTS,
CH.
799, TRAFFIC REGULATION,
MUNICIPAL ORDINANCE VIOLATION, AND
PARENTAL CONSENT TO ABORTION CASES
809.40 Rule (Appeals in termination of parental rights, ch.
799, traffic regulation, municipal ordinance violation, and parental consent to abortion cases).
809.41 Rule (Motion for 3-judge panel or hearing in county of origin).
809.42 Rule (Waiver of oral argument).
809.43 Rule (Number of briefs).
SUBCHAPTER V
DISCRETIONARY JURISDICTION PROCEDURE IN COURT OF APPEALS
809.50 Rule (Appeal from judgment or order not appealable as of right).
809.51 Rule (Supervisory writ and original jurisdiction to issue prerogative writ).
809.52 Rule (Temporary relief).
SUBCHAPTER VI
APPELLATE PROCEDURE IN SUPREME COURT
809.60 Rule (Petition to bypass).
809.61 Rule (Bypass by certification of court of appeals or upon motion of supreme court).
809.62 Rule (Petition for review).
809.63 Rule (Procedure in supreme court).
809.64 Rule (Reconsideration).
SUBCHAPTER VII
ORIGINAL JURISDICTION PROCEDURE
IN SUPREME COURT
809.70 Rule (Original action).
809.71 Rule (Supervisory writ).
SUBCHAPTER VIII
MISCELLANEOUS PROCEDURES IN COURT OF APPEALS AND SUPREME COURT
809.80 Rule (Filing and service of papers).
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 (Counsel to continue).
DEFINITIONS
809.01
809.01
Rule (Definitions). In this chapter:
809.01(1)
(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.
809.01(2)
(2) "Appellant" means a person who files a notice of appeal.
809.01(3)
(3) "Co-appellant" means a person who files a notice of appeal in an action or proceeding in which a notice of appeal has previously been filed by another person and whose interests are not adverse to that person.
809.01(4)
(4) "Court" means the court of appeals or, if the appeal or other proceeding is in the supreme court, the supreme court.
809.01(5)
(5) "Cross-appellant" means a respondent who files a notice of cross-appeal or a respondent who files a statement of objections under
s. 808.075 (8).
809.01(5d)
(5d) "Monospaced font" means a font in which each character uses an equal amount of horizontal space.
809.01(5g)
(5g) "Proportional font" means a font in which the horizontal space used by a character varies.
809.01(6)
(6) "Respondent" means a person adverse to the appellant or co-appellant.
809.01(8)
(8) "Serif font" means a font that has short ornaments or bars at the upper and lower ends of the main strokes of the characters.
809.01(8m)
(8m) "Sixty characters per full line" means the length of a nonindented line of 13 point proportional serif font characters determined by using a line composed of a repeating string of lowercase characters in alphabetical order.
809.01(12)
(12) "Word" means a group consisting of one or more alphabetical characters with a space or punctuation mark preceding and succeeding the group.
809.01 History
History: Sup. Ct. Order, 83 Wis. 2d xiii (1978);
1977 c. 449; Sup. Ct. Order No.
93-20, 179 Wis. 2d xxv; Sup. Ct. Order No.
00-02, 2001 WI 39, 242 Wis. 2d xxvii.
809.01 Note
Judicial Council Committee's Note, 1978: The definitions reflect some of the changes incorporated into the rules. The term "appeal" applies both to an appeal authorized by statute and the writ of error guaranteed by Section 21 of Article I of the Constitution. The objective of these rules is to provide the same procedure for appeals and writs of error. Historically, the review authorized by a writ of error was limited to questions of law, while both the law and the facts could be reviewed on appeal. The Wisconsin Supreme Court does not distinguish between its power in appeals and in writs of error. Although under the former procedure appeals were normally used in civil cases and writs of error in criminal cases, the only differences between them were in nomenclature and method of initiating the review process. There is no reason to retain the formalistic differences between them.
809.01 Annotation
The definitions of the parties to the appeal are intended to change the former statute, section 817.10, under which the party first appealing was the appellant, and all other parties were respondents. This often resulted in a party with interests identical to the appellant being labeled a respondent, while two parties opposed to each other were both labeled respondents. Under this section the party first appealing is the appellant, parties appealing from the same judgment or order not opposed to the appellant are co-appellants, and parties adverse to the appellant or co-appellant are respondents. The terms "plaintiff in error" and "defendant in error" previously used in connection with writs of error are no longer used. [Re Order effective July 1, 1978]
809.01 Annotation
Understanding the New Rules of Appellate Procedure. Stephens. Wis. Law. July 2001.
CIVIL APPEAL PROCEDURE IN COURT OF APPEALS
809.10
809.10
Rule (Initiating the appeal). 809.10(1)(a)(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.
809.10(1)(b)
(b)
Content. The notice of appeal shall include all of the following:
809.10(1)(b)2.
2. An identification of the judgment or order from which the person filing the notice intends to appeal and the date on which it was entered.
809.10(1)(b)4.
4. A statement of whether the appeal is to be given preference in the circuit court or court of appeals pursuant to statute.
809.10(1)(b)5.
5. If the appeal is under
s. 809.30 or
809.32, a statement of the date of service of the last transcript or copy of the circuit court case record if no postconviction motion is filed, the date of the order deciding postconviction motions, or the date of any other notice-of-appeal deadline that was established by the court of appeals.
809.10(1)(b)6.
6. If counsel is appointed under
ch. 977, a copy of the order appointing counsel.
809.10(1)(c)
(c) Copies of the notice. At the same time that the person files the notice of appeal, the person shall send a copy of the notice of appeal to the clerk of the court of appeals.
809.10(1)(d)
(d)
Docketing statement. The person shall send the court of appeals an original and one copy of a completed docketing statement on a form prescribed by the court of appeals. The docketing statement shall accompany the court of appeals' copy of the notice of appeal. The person shall send a copy of the completed docketing statement to the other parties to the appeal. Docketing statements need not be filed in appeals brought under
s. 809.105,
809.107,
809.32, or
974.06 (7), in cases under
ch. 980, or in cases in which a party represents himself or herself. Docketing statements need not be filed in appeals brought under
s. 809.30 or
974.05, or by the state or defendant in permissive appeals in criminal cases pursuant to
s. 809.50, except that docketing statements shall be filed in cases arising under
chs. 48,
51,
55, or
938.
809.10(1)(e)
(e) Time for filing. The notice of appeal must be filed within the time specified by law. The filing of a timely notice of appeal is necessary to give the court jurisdiction over the appeal.
