809.108 History
History: 2023 a. 16.
809.109
809.109
Rule (Appeals from orders entered pursuant to s. 971.14). 809.109(1)(1)
Applicability. This
section
applies
to
the
appeal
of
an
order
under s.
971.14 and
supersedes
all
inconsistent
provisions
of
this
chapter.
809.109(2)(a)
(a)
Appeal procedure; counsel to continue. A person seeking postdisposition
or
appellate
relief
shall
comply
with
this
section. If the person desires to pursue postdisposition or appellate relief, counsel
representing
the
person
during
circuit
court
proceedings
under s.
971.14 shall
continue
representation
by
filing
a
notice
under
par.
(2) (b) unless
sooner
discharged
by the
person
or by the
circuit court.
809.109(2)(b)
(b)
Notice of intent to pursue postdisposition or appellate relief. Within 14 days of the entry of an order under s.
971.14 determining competency to proceed or ordering the involuntary administration
of
medication,
the
person
shall
file
in
the
circuit
court and serve on the prosecutor, any other party, and the department of health services, a notice of intent to pursue postdisposition or appellate relief. If the record discloses that entry of the order occurred after the notice of intent was filed, the notice shall be treated as filed after entry of the order appealed from on the day of the entry of the final order. The notice of intent shall include all of the following:
809.109(2)(b)2.
2. An
identification
of
the
order
from
which
the
person
intends
to seek
postdisposition
or
appellate
relief
and
the
date
on
which
the
order was entered.
809.109(2)(b)3.
3. The name and address of the person and the person's trial counsel.
809.109(2)(b)4.
4. Whether
the
person
requests
representation
by
the
state
public defender for purposes of postdisposition or appellate relief.
809.109(2)(b)5.
5. For a person who does not request representation by the state public defender, whether the person will proceed without counsel or will be represented by retained counsel. If the person has retained counsel to pursue postdisposition or appellate relief, counsel's name and address shall be included.
809.109(2)(c)
(c)
Clerk to send materials. Within 5 days after a notice under par.
(b) is filed, the clerk of the circuit court shall do all of the following:
809.109(2)(c)1.
1. If the person requests representation by the state public defender
for
purposes
of
postdisposition
or
appellate
relief,
the
clerk shall send to the state public defender's appellate intake office a copy of the notice of intent that shows the date on which the notice was filed, a copy of the order specified in the notice that shows the date on which the order was entered, a list of the court reporters for each proceeding under s.
971.14 in the action in which the order was entered,
and
a
list
of
those
proceedings
for
which
a
transcript
already has been filed with the clerk of circuit court.
809.109(2)(c)2.
2. If the person does not request representation by the state public defender, the clerk shall send or furnish to the person, if the person is appearing without counsel, or to the person's attorney, if one has been retained, a copy of the order or order specified in the notice that shows the date on which the order was entered, a list of the
court
reporters
for
each
proceeding
in
the
action
in
which
the
order was entered, and a list of those proceedings in which a transcript already has been filed with the clerk of circuit court.
809.109(2)(d)
(d)
State public defender appointment of counsel; request for transcript and circuit court case record. Within 15 days after the state public defender appellate intake office receives the materials from the clerk of circuit court under par.
(c), the state public defender shall appoint counsel for the person and request a transcript of the court reporter's verbatim record, if not ordered under par.
(f) 1., and a copy of the circuit court case record.
809.109(2)(e)
(e)
Person not represented by public defender. A person who does not
request
representation
by
the
state
public
defender
for
purposes
of postdisposition or appellate relief shall request a transcript of the court
reporter's
verbatim
record,
and
may
request
a
copy
of
the
circuit court
case
record
within
15
days
after
filing
the
notice
of
intent
under par.
(b). A person who is denied representation by the state public defender for purposes of postdisposition or appellate relief shall request a transcript of the court reporter's verbatim record, and may request a copy of the circuit court case record, within 30 days after filing a notice of intent under par.
(b).
809.109(2)(f)
(f)
Filing and service of transcript and circuit court case record. 809.109(2)(f)1.1. If involuntary medication is ordered under s.
971.14, the subject of the order or counsel representing the person shall within 3 days
of
involuntary
medication
being
ordered,
request
the
transcript
of any portion of the proceedings relating to the involuntary medication order. The court reporter shall file the transcript with the circuit court and serve copies on the parties within 14 days of the request.
809.109(2)(f)2.
2. Except
transcripts
requested
under
subd.
1., the
court
reporter shall file the transcript with the circuit court and serve a copy of the transcript on the person within 30 days after the transcript is requested; within 10 days after the request for a transcript of postdisposition
proceedings
brought
under
par.
(g),
the
court
reporter shall file the transcript with the circuit court and serve a copy on the
parties
entitled
to
a
copy. The
clerk
of
circuit
court
shall
serve a copy of the circuit court case record on the person within 30 days after the case record is requested, and shall indicate in the case record the date and manner of service.
809.109(2)(g)
(g)
Notice of appeal, postdisposition motion. The person shall file in the circuit court a notice of appeal or motion seeking postdisposition
relief
within
30
days
after
the
later
of
the
service
of the transcript or circuit court case record. A notice of appeal filed under this section shall conform to the requirements set forth
in s. 809.10. The
appeal
shall
be
initiated and
docketed
in
accordance
with ss.
809.10 and
809.11.
809.109(2)(h)
(h)
Order determining postdisposition motion. Unless
an
extension is requested by a party or the circuit court and granted by the court of appeals, the circuit court shall determine by an order the person's motion for postdisposition relief within 30 days after the filing of the motion or the motion is considered to be denied and the clerk of circuit
court
shall
immediately
enter
an
order
denying
the
motion. The person shall file a motion for postdisposition relief in the circuit court
before
a
notice
of
appeal
is
filed
unless
the
grounds
for
seeking relief are sufficiency of the evidence or issues previously raised.
809.109(2)(i)
(i)
Appeal from order. The
person
shall
file
in
the
circuit
court a notice of appeal from the order and, if necessary, from the order of the circuit court on the motion for postdisposition relief within 5 days
of
the
entry
of
the
order
on
the
postdisposition
motion. A
notice of appeal filed under this section shall conform to the requirements set forth in s.
809.10. The appeal shall be initiated and docketed in accordance with ss.
809.10 and
809.11.
809.109(2)(j)
(j)
Notice of abandonment of appeal. If a person who filed a notice of intent to seek postdisposition relief under par.
(b) and requested a transcript and case record under par.
(d) or
(e) decides not to file a notice of appeal, the person shall notify the circuit court, prosecutor, and the Department of Health Services of the decision, within 30 days after the service of the transcript and case record under par.
(f) 2. 809.109(2)(k)
(k)
Requesting transcripts for other parties. The
appellant
shall request
a
copy
of
the
transcript
of
the
court
reporter's
verbatim
record of the proceedings for each of the parties to the appeal and make arrangements to pay for the transcript and copies within 5 days after the filing of the notice of appeal.
809.109(2)(L)
(L)
Statement on transcript. Within
5
days
after
filing
the
notice of appeal, the appellant shall file a statement on transcript with the clerk of circuit court, who shall transmit the statement on transcript to the clerk of the court of appeals within 3 days after its filing. The statement on transcript shall either designate the portions of the transcript that have been requested by the appellant or contain a statement by the appellant that a transcript is not necessary for prosecution
of
the
appeal. If
a
transcript
is
necessary
for
prosecution of the appeal, the statement on transcript shall also contain a statement
by
the
court
reporter
that
the
appellant
has
requested
copies of the transcript or designated portions thereof for each of the other parties; that the appellant has made arrangements to pay for the original transcript and for all copies for other parties; the date on which the appellant requested the transcript and made arrangements to pay for it; and the date on which the transcript must be served on the parties.
809.109(2)(m)
(m)
Service of transcript on other parties. The court reporter shall serve copies of the transcript on the parties indicated in the statement on transcript within 5 days after the date the appellant requested copies of the transcript under par.
(k).
809.109(3)
(3)
Appeal by state; appointment of counsel. The State may appeal
an order entered under s.
971.14 by filing a notice of appeal within 14 days after entry of the judgment or order. If the person who is the subject
of
the
case
or
proceeding
claims
to
be
indigent,
the
court
shall refer the person to the state public defender for the determination of indigency and the appointment of legal counsel under ch.
977.
809.109(4)
(4)
No-merit reports. A s.
809.32 no-merit report, response, and supplemental no-merit report may be filed in an appeal from an order entered
under
s.
971.14. The
appointed
attorney
shall
file
in
the
court of appeals and serve on the appellant the no-merit report and certification within 15 days after the filing of the record on appeal. The appointed attorney shall serve on the appellant a copy of the transcript and the record on appeal at the same time that the no-merit report
is
served
on
the
appellant. The
appellant
may
file
in
the
court of appeals a response to the no-merit report within 10 days after service of the no-merit report. The attorney may file a supplemental no-merit report and affidavit within 10 days after receiving the response to the no-merit report.
809.109(5)
(5)
Subsequent proceedings in court of appeals; petition for review in supreme court. Subsequent proceedings in the appeal are governed by the procedures
for
civil
appeals
and
the
procedures
under
subch.
VI,
except as follows:
809.109(5)(a)
(a)
Appellant's brief-in-chief. The
appellant
shall
file
a
brief within 15 days after the filing of the record on appeal.
809.109(5)(b)
(b)
Respondent's brief. The
respondent
shall
file
a
brief
within 15
days
after the
service
of the
appellant's brief.
809.109(5)(c)
(c)
Appellant's reply brief. The appellant shall file a reply brief, or a statement that a reply brief will not be filed, within 11 days after service of the respondent's brief.
809.109(5)(d)
(d)
Decision. Cases appealed under this section shall be given preference and shall be taken in an order that ensures that a decision is
issued
within
30
days
after
the
filing
of
the
appellant's
reply
brief or statement that a reply brief will not be filed.
809.109(5)(e)
(e)
Petition for review. A petition for review of an appeal in the
supreme
court,
if
any,
shall
be
filed
within
30
days
after
the
date of the decision of the court of appeals. The supreme court shall give preference to a petition for review of an appeal filed under this paragraph.
809.109(6)
(6)
Confidential party designation. For
appeals
under
this
section,
the notice
of
appeal
and
any
other
filed
documents
shall
refer
to
the
person subject to the s.
971.14 order that is being appealed by one or more initials or other appropriate pseudonym or designation.
809.109(7)
(7)
Stay pending postdisposition proceeding and appeal. 809.109(7)(a)(a)
Automatic stay. The
involuntary
administration
of
medication ordered
for
purposes
of
restoring
competency
pursuant
to
s.
971.14 shall be automatically stayed for 14 days.
809.109(7)(b)
(b)
Notice of motion to continue stay. If a notice of intent to pursue
postdisposition
or
appellate
relief
is
filed
under
sub.
(2) (b), the person may file in the court of appeals a notice of motion to continue the stay under par.
(a) pending postdisposition proceedings and appeal.
809.109(7)(b)1.
1. The stay is continued upon filing the notice in this paragraph, and continues until the motion is decided by the court.
809.109(7)(b)2.
2. The moving party shall file a memorandum in support of the motion for stay within 11 days after service of the transcript in sub.
(2) (f) 1. 809.109(7)(b)3.
3. The respondent shall file a response within 11 days after service of the memorandum.
809.109(7)(b)4.
4. The court shall decide the motion for stay of the medication order within 14 days after the response is filed.
809.109 History
History: Sup. Ct. Order No.
23-05, 2024 WI 20, filed 5-2-24, eff. 7-1-24; s. 35.17 correction in (2) (f) 2., (g), (j), (7) (b) 1.
809.109 Note
NOTE: Sup. Ct. Order No.
23-05 states that the Judicial Council Note to s. 809.109 “is not adopted, but will be published and may be consulted for guidance in interpreting and applying the rule."
809.109 Note
Judicial Council Note, 2024: This section provides a uniform, organized, and expedited handling of appeals from orders under s. 971.14. Such appeals are unique in that the underlying case is criminal, but the nature of the appeal involves the defendant's mental health and is deemed a special civil proceeding. Further, the competency orders are final for purposes of appeal, even though the criminal case has not been resolved.
See State v. Scott,
2018 WI 74, ¶31,
382 Wis. 2d 476,
914 N.W.2d 141.
809.109 Note
The unique nature of these appeals, including the short timeline within which the State must restore a defendant to competency per s.
971.14
(5)
(a)
1.,
supports
an
expedited
procedure
for
handling
these appeals. Section
809.109
also
codifies
miscellaneous
aspects
of
court decisions. To the extent that any provision of this section is inconsistent with preexisting case authority, this rule governs. For example, this section creates a limited automatic stay of involuntary medication orders in the prejudgment context, even though case law no longer requires an automatic stay.
See State v. Green, 2022 WI 30, ¶36,
401 Wis. 2d 542,
973 N.W.2d 770.
809.11
809.11
Rule (Items to be filed and transmitted). 809.11(1)(1)
Fee. The appellant shall pay the filing fee to the clerk of the court of appeals when the notice of appeal is filed. Payment may be made by check or through the court electronic payment system, unless arrangements are made with the clerk of court or otherwise ordered by the court. An appellant may file with the court of appeals a petition or motion for waiver of the filing fee under s.
814.29 (1) or
(1m), using a form provided by the court for that purpose.
809.11(2)
(2) Transmittal of notice of appeal. The clerk of the circuit court shall transmit to the court of appeals, within 3 days of the filing of the notice of appeal, the notice of appeal, the appellant's docketing statement, the appellant's motion filed under s.
809.41 (1) or
(4), if any, and the circuit court record of the case maintained pursuant to s.
59.40 (2) (b) or
(c).
809.11(3)(a)(a) The clerk of the court of appeals shall docket the appeal upon receipt of the items referred to in sub.
(2), create a notice of docketing, and transmit the notice of docketing to the clerk of circuit court.
809.11(3)(b)
(b) For electronic filing users in the circuit court case, receipt of the notice of docketing through the circuit court electronic filing system shall constitute service of the notice of docketing and notification that the court of appeals proceeding has been commenced. Where service on the attorney general is required by s.
809.802 (1), service shall be made as provided in s.
809.802 (2). The clerk shall serve the notice of docketing on the paper parties by traditional methods.
809.11(4)
(4) Requesting transcripts and filing statement on transcript. 809.11(4)(a)(a) The appellant shall request a copy of the transcript of the court reporter's verbatim record of the proceedings for each of the parties to the appeal and make arrangements to pay for the transcript and copies within 14 days after the filing of the notice of appeal.
809.11(4)(b)
(b) The appellant shall file a statement on transcript with the clerk of the circuit court within 14 days after the filing of the notice of appeal in the circuit court. The statement on transcript shall either designate the portions of the transcript that have been requested by the appellant or contain a statement by the appellant that a transcript is not necessary for prosecution of the appeal. The clerk of circuit court shall transmit the statement on transcript to the court of appeals within 3 days after its filing. If a transcript that is not yet filed in the circuit court is necessary for prosecution of the appeal, the statement on transcript shall also contain a statement by the court reporter that the appellant has requested copies of the transcript or designated portions thereof for each of the other parties; that the appellant has made arrangements to pay for the original transcript and for all copies for other parties; the date on which the appellant requested the transcript and made arrangements to pay for it; and the date on which the transcript must be served on the parties.
809.11(4)(c)
(c) For electronic filing users in the circuit court case, receipt of the statement on transcript through the circuit court electronic filing system shall constitute service. Where service on the attorney general is required by s.
809.802 (1), service shall be made as provided in s.
809.802 (2). The appellant shall serve the statement on transcript on paper parties by traditional methods.
809.11(5)
(5) Additional portions of transcript. Within 14 days after filing of a statement on transcript as required under sub.
(4), any other party may file in the court of appeals a designation of additional portions to be included in the transcript and serve a copy of the designation on the appellant. Within 14 days after the filing of such a designation, the appellant shall file in the circuit court the statement required by sub.
(4) (b) covering the other party's designation. If the appellant fails or refuses to request the designated portions, the other party, within 14 days of the appellant's failure or refusal, may request the portions by filing a statement on transcript in the circuit court or move the circuit court for an order requiring the appellant to request the designated portions.
809.11(6)
(6) Cross-appeals. Subsections
(4) and
(5) apply to cross- appellants.
809.11(7)(a)
(a) Service of transcript copies. The reporter shall serve copies of the transcript on the parties to the appeal, file the transcript with the circuit court, and notify the clerk of the court of appeals and the parties to the appeal that the transcript has been filed and served within 60 days after the date on which the transcript was requested and arrangements were made for payment under sub.
(4). If additional portions of the transcript are requested under sub.
(5), the reporter shall serve copies of the additional portions of the transcript on the parties to the appeal, file the additional portions of the transcript with the circuit court, and notify the clerk of the court of appeals and the parties to the appeal that the additional portions of the transcript have been filed and served within 60 days after the date on which the additional portions were requested and arrangements were made for payment. If supplementation or correction of the record is ordered under s.
809.14 (3) (b), the reporter shall serve copies of the supplemental or corrected transcript on the parties to the appeal, file the supplemental or corrected transcript with the circuit court, and notify the clerk of the court of appeals and the parties to the appeal that the supplemental or corrected transcript has been filed and served within 20 days after the order for supplementation or correction is entered or within the time limit set by order of the court. Where service of a transcript on the attorney general is required by s.
809.802 (1), access to an electronic copy of the transcript through the appellate electronic filing system shall constitute service of the transcript.
809.11(7)(b)
(b) Return of statement regarding transcript arrangements. The reporter shall sign and send to the appellant, within 5 days after receipt, the statement regarding transcript arrangements and filing required under sub.
(4) (b).
809.11(7)(c)
(c) Extensions. A reporter may obtain an extension for filing the transcript only by motion, showing good cause, that is filed in the court of appeals and served on all parties to the appeal, the clerk of the circuit court and the district court administrator.
809.11(7)(d)
(d) Sanctions. If a reporter fails to timely file a transcript, the court of appeals may declare the reporter ineligible to act as an official court reporter in any court proceeding and may prohibit the reporter from performing any private reporting work until the overdue transcript is filed.
809.11 History
History: Sup. Ct. Order, 83 Wis. 2d xiii (1978); Sup. Ct. Order, 92 Wis. 2d xiii (1979); Sup. Ct. Order, 104 Wis. 2d xi (1981); Sup. Ct. Order, 146 Wis. 2d xiii (1988);
1995 a. 201,
224;
1997 a. 35; Sup. Ct. Order No.
00-02, 2001 WI 39, 242 Wis. 2d xxvii; Sup. Ct. Order No.
02-01, 2002 WI 120, 255 Wis. 2d xiii; Sup. Ct. Order No.
15-02, 2015 WI 102, 365 Wis. 2d xix; Sup. Ct. Order No.
19-01, 2019 WI 44, 386 Wis. 2d xvii; Sup. Ct. Order No.
20-07, 2021 WI 37, 397 Wis. 2d xiii.
809.11 Note
Judicial Council Committee's Note, 1978: This section requires the forwarding of the notice of appeal, filing fee and trial court docket entries immediately, the record to be forwarded when the transcript is completed. This will permit early notice to the court of the pendency of the appeal and will permit it to monitor the appeal during the period when the record and transcript are being prepared.
809.11 Note
Another purpose of this section is to expedite the appellate process by requiring the appellant to order the transcript, if one is necessary, within 10 days of the filing of the notice of appeal. The filing of the statement of the reporter that the transcript has been ordered and arrangements made for payment for it will prevent any delay resulting from counsel not ordering the transcript immediately.
809.11 Note
Docket entries are required by s. 59.39 (2) and (3). In order to comply with this section, the docket entries will have to be kept. [Re Order effective July 1, 1978]
809.11 Note
Judicial Council Committee's Note, 1979: Sub. (4) is amended to clarify that the statement on transcript that is initiated by the appellant must include information that arrangements have been made for the preparation and payment of copies of the transcript for the other parties to the appeal. The language clarification rectifies a present ambiguity in chapter 809 in regard to who is responsible for initiating the arrangements for preparation and payment of copies of the transcript as compared with just the original. The appellant must make all arrangements for the original and copies of a transcript and is responsible for payment. Cost of the preparation of the transcript is included in allowable costs under s. 809.25. [Re Order effective Jan. 1, 1980]
809.11 Note
Judicial Council Committee's Note, 1981: Sub. (4) is amended to require that the appellant file a copy of the statement on transcript with the clerk of the trial court within 10 days of the filing of the notice of appeal. This filing will notify the trial court clerk as to whether a transcript is necessary for prosecution of the appeal and, if so, the date on which the transcript is due. [Re Order effective Jan. 1, 1982]
809.11 Note
Judicial Council Note, 2001: The revision places all of the rules concerning transcript preparation and service in one statute, and eliminates the need for former s. 809.16. Subsection (4) combines and recreates former s. 809.11 (4) and the first sentence of former s. 809.16 (1). Subsection (5) recreates the remaining portions of former s. 809.16 (1). The time limits in subs. (4) and (5) are changed from 10 to 14 days. See the comment to s. 808.07 (6) concerning time limits. No other substantive changes in subs. (4) and (5) were intended. Subsection (6) recreates former s. 809.16 (2). Subsection (7) (a) recreates former s. 809.16 (3). Subsection (7) (b) is created to specify a time within which the court reporter must furnish a statement regarding transcript arrangements to the appellant or cross-appellant. Subsection (7) (c) recreates former s. 809.16 (4). Subsection (7) (d) recreates former s. 809.16 (5). [Re Order No. 00-02 effective July 1, 2001]
809.11 Note
Judicial Council Note, 2002: Subsection (4) (b) is amended for consistency in terminology and to clarify that the court reporters' statement regarding transcript arrangements, sometimes referred to as the court reporters' certification, is required only for a transcript that has not been filed in circuit court when the statement on transcript is filed, consistent with the clerk of the court of appeals' interpretation and enforcement practices.
809.11 Note
Subsection (5) is amended to create a time limit for the completion of the transcript ordering process. If the appellant does not request the preparation of the additional portions of transcript that have been designated by another party within 14 days of the designation, the other party may either request the preparation of the portions from the reporter or move the circuit court for an order requiring the appellant to request the designated portions. This revision creates a 14-day time period for the other party to take action to obtain the additional portions of the record.
809.11 Note
Subsection (7) (a) is amended to clarify the time limits for the preparation of additional portions of the transcript requested under s. 809.11 (5), and to require the court reporter to notify the clerk of the court of appeals and the parties to the appeal when a transcript is filed and served.
809.11 Note
Subsection (7) (b) is amended to correct the cross-reference to the rule in sub. (4) (b) that requires the reporter to file a statement regarding transcript arrangements.
809.11 Note
Subsection (7) (c) is amended to require a court reporter who files a motion to extend the time within which to prepare a transcript to serve a copy of the motion on the clerk of the circuit court and the district court administrator. Early notice that a reporter has requested additional time to prepare a transcript will enable the clerk and the district court administrator to provide workload relief to the reporter if deemed appropriate. [Re Order No. 02-01 effective January 1, 2003]
809.11 Note
NOTE: Sup. Ct. Order No.
20-07 states that “the Comments to the statutes created pursuant to this order are not adopted, but will be published and may be consulted for guidance in interpreting and applying the rule."
809.11 Note
Comment, 2021: Sub. (3) codifies the clerk's practice of sending a notice of docketing to inform the parties that the appeal has been filed and providing the case number. The appellate clerk serves the notice of docketing on the electronic parties in the circuit court case, advising them to opt in to the court of appeals case. The appellate clerk also serves the notice of docketing on the attorney general and opts in the attorney general as an attorney for the state.
809.11 Note
To facilitate the adoption of electronic filing and service, s. 809.11 (4) requires that the statement on transcript be filed and served in the circuit court case. The statement on transcript must be filed within 14 days of filing the notice of appeal, the docketing statement under s. 809.10 (1) (d), and motions made under s. 809.10 (1) (g), if any.
809.11 Annotation
Failure to submit the docketing fee within the time specified for filing the notice of appeal does not deprive the court of appeals of jurisdiction. The notice of appeal, not the docketing fee, vests the court with jurisdiction. Douglas v. Dewey,
147 Wis. 2d 328,
433 N.W.2d 243 (1989).
809.12
809.12
Rule (Motion for relief pending appeal). A person seeking relief under s.
808.07 shall file a motion in the trial court unless it is impractical to seek relief in the trial court. A motion in the court must show why it was impractical to seek relief in the trial court or, if a motion had been filed in the trial court, the reasons given by the trial court for its action. A person aggrieved by an order of the trial court granting the relief requested may file a motion for relief from the order with the court. A judge of the court may issue an ex parte order granting temporary relief pending a ruling by the court on a motion filed pursuant to this rule. A motion filed in the court under this section must be filed in accordance with s.
809.14.
809.12 History
History: Sup. Ct. Order, 83 Wis. 2d xiii (1978);
1981 c. 390 s.
252.
809.13
809.13
Rule (Intervention). A person who is not a party to an appeal may file in the court of appeals a petition to intervene in the appeal. A party may file a response to the petition within 11 days after service of the petition. The court may grant the petition upon a showing that the petitioner's interest meets the requirements of s.
803.09 (1),
(2), or
(2m).
809.13 History
History: Sup. Ct. Order, 83 Wis. 2d xiii (1978);
1981 c. 390 s.
252; Sup. Ct. Order No.
00-02, 2001 WI 39, 242 Wis. 2d xxvii;
2017 a. 369.
809.13 Note
Judicial Council Committee's Note, 1978: Former s. 817.12 (6) permitted the addition of parties but did not set the criteria for doing so. This void is filled by making the intervention rule in the Rules of Civil Procedure applicable to proceedings in the Court of Appeals. [Re Order effective July 1, 1978]
809.13 Note
Judicial Council Note, 2001: The 7-day time limit has been changed to 11 days. Please see the comment to s. 808.07 (6) concerning time limits. [Re Order No. 00-02 effective July 1, 2001]
809.13 Annotation
A party who could have, but failed to, file a timely notice of appeal may not participate in the appeal as an intervenor or by filing a non-party brief. Weina v. Atlantic Mutual Insurance Co.,
177 Wis. 2d 341,
501 N.W.2d 465 (Ct. App. 1993).
809.13 Annotation
A non-party to a circuit court action may intervene in an appeal brought by another party, even after the time for filing a notice of appeal has passed. City of Madison v. WERC,
2000 WI 39,
234 Wis. 2d 550,
610 N.W.2d 94,
99-0500.
809.14(1)(1)
A party moving the appellate court for an order or other relief in a case shall file a motion for the order or other relief. The motion must state the order or relief sought and the grounds on which the motion is based and may include a statement of the position of other parties as to the granting of the motion. A motion may be supported by a memorandum. Except as provided in sub.
(1m), any other party may file a response to the motion within 11 days after service of the motion.