808.04 Annotation
See note to 785.03, citing Matter of Contempt in State v. Simmons, 150 W (2d) 178, 441 NW (2d) 308 (Ct. App. 1989).
808.04 Annotation
Under (1), notice of entry of judgment must be given within 21 days of entry of judgment, not of signing, consistent with 806.06 (5). Linnmar, Inc. v. First Enterprises, 161 W (2d) 706, 468 NW (2d) 753 (Ct. App. 1991).
808.04 Annotation
See note to 805.17 citing Salzman v. DNR, 168 W (2d) 523, 484 NW (2d) 337 (Ct. App. 1992).
808.04 Annotation
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 W (2d) 287, 542 NW (2d) 194 (Ct. App. 1995).
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 W (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
Postjudgment order of circuit court denying motion under (2) (a) 4 [now (2) (am)] is not reviewable on appeal from judgment. Chicago & N.W.R.R. v. Labor & Ind. Rev. Comm. 91 W (2d) 462, 283 NW (2d) 603 (Ct. App. 1979).
808.07 Annotation
Under (1) and 808.075(1), circuit court has authority to confirm sheriff's sale even though appeal of judgment of foreclosure and sale is pending. Community Nat. Bank v. O'Neill, 157 W (2d) 244, 458 NW (2d) 385 (Ct. App. 1990).
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)(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.
