809.10 Rule (Initiating the appeal).

606 words·~3 min read·/wi/chapter-809/809-10

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Notice of appeal.

(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. The clerk of the circuit court may not refuse to accept a notice of appeal for failure to pay the appellate court filing fee required by s. 809.25

(a).

(b)Content. The notice of appeal shall include all of the following:

1. The circuit court case name and number.

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.

3. A statement of whether the appeal arises in one of the types of cases specified in s. 752.31

(2).

4. A statement of whether the appeal is to be given preference in the circuit court or court of appeals pursuant to statute.

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.

6. If counsel is appointed under ch. 977 , a copy of the order appointing counsel.

(d)Docketing statement. The person shall file in the circuit court a completed docketing statement on a form prescribed by the court of appeals. The docketing statement shall accompany the notice of appeal. Docketing statements need not be filed in appeals brought under s. 809.105 , 809.107 , 809.109 , 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 ch. 48 , 51 , 55 , or 938 .

(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.

(f)Error in content not jurisdictional defect. An inconsequential error in the content of the notice of appeal is not a jurisdictional defect.

(g)Motions under s. 809.41

(a)or (4). A motion for an order or other relief under s. 809.41

(a)or

(4), if any, shall be filed in the circuit court and shall accompany the notice of appeal.

(h)Service. For electronic filing users in the circuit court case, receipt of the notice of appeal, docketing statement, and motions filed under s. 809.41

(1)or

(4)through the circuit court electronic filing system under s. 801.18 shall constitute service of the documents. 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 paper parties in the circuit court by traditional methods.

(i)Filing in court of appeals. Subject to s. 809.12 , other than the notice of appeal, docketing statement, appellant’s motion under s. 809.41

(1)or

(4), if any, and statement on transcript under s. 809.11

(b), which shall be filed in the circuit court, all subsequently filed documents in an appeal shall be filed in the court of appeals.