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 has been repealed.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.
808.075(4)(g)7.
7. 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(5)
(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.
808.075(6)
(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.
808.075(7)
(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.
808.075 History
History: Sup. Ct. Order, 146 W (2d) xiii (1988);
1989 a. 86;
1993 a. 16,
446,
479,
481;
1995 a. 38,
73,
77,
275.
808.075 Note
Judicial Council Note, 1988: In In re Marriage of Hengel v. Hengel,
120 Wis. 2d 522, 355 N. W. 2d 846 (Ct. App. 1984), the court of appeals held that since there is no specific statutory exception, the trial court had no competence to enter an order requiring the husband to contribute to his wife's attorney's fees for representation in the trial court after a notice of appeal had been filed. Section 808.075 is created to specify the actions that may be taken in circuit court after a notice of appeal has been filed in cases appealed under s. 809.30 and after transmittal of the record to an appellate court in other cases.
808.075 Annotation
Matters affecting trusts and estates have historically been treated as a series of special proceedings, and the trial court is charged with ongoing supervision and administrative duties affecting such matters. Because of the ongoing involvement of the trial court, sub. (4) (e) reserves full competence to act, unless it is determined that competence should be restricted as to specific issues. [Re Order effective Jan. 1, 1989]
