808.04 Annotation
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).
808.04 Annotation
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).
808.05
808.05
Bypass. The supreme court may take jurisdiction of an appeal or any other proceeding pending in the court of appeals if:
808.05(1)
(1) It grants direct review upon a petition to bypass filed by a party;
808.05(2)
(2) It grants direct review upon certification from the court of appeals prior to the court of appeals hearing and deciding the matter; or
808.05(3)
(3) It, on its own motion, decides to review the matter directly.
808.05 History
History: 1977 c. 187.
808.07
808.07
Relief pending appeal. 808.07(1)
(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.
808.07(2)
(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:
808.07(2)(a)1.
1. Stay execution or enforcement of a judgment or order;
808.07(2)(a)3.
3. Make any order appropriate to preserve the existing state of affairs or the effectiveness of the judgment subsequently to be entered.
808.07(2)(am)
(am) During the pendency of an appeal, the trial court may hear and determine a motion filed under
s. 806.07.
808.07(2)(b)
(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.
808.07(3)
(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.
808.07(4)
(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.
808.07(5)
(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.
808.07(6)
(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.
808.07 History
History: 1977 c. 187;
1979 c. 32;
1979 c. 110 s.
60 (9);
1983 a. 158,
219; 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]
808.07 Annotation
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).
808.07 Annotation
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).
808.07 Annotation
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.
808.075
808.075
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),
805.15,
805.16,
805.17 (3),
806.07,
806.08,
806.15 (2),
806.24 (4),
808.07 (1) and
(2) and
809.12.
808.075(2)
(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 trial court. Thereafter, the circuit court may act only as provided in
subs. (1) and
(4).
808.075(3)
(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).
808.075(4)
(4) The circuit court may act as to the following despite the pendency of an appeal:
808.075(4)(a)4.
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.
808.075(4)(b)4.
4. Commitment, conditional release, recommitment and discharge under
s. 971.17 of a person found not guilty by reason of mental disease or defect.
808.075(4)(d)4.
4. Revision of judgment or order for child support, maintenance payments or family support payments under
s. 767.32 or
767.51.
808.075(4)(d)5.
5. Order for temporary maintenance, temporary child support or for suit money, counsel fees and disbursements in the appellate court under
s. 767.39.
808.075(4)(d)6.
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.
808.075(4)(e)1.
1. 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.
