809.60 Rule (Petition to bypass).

362 words·~2 min read·/wi/chapter-809/809-60-4

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

(a)A party may file with the supreme court a petition to bypass the court of appeals pursuant to s. 808.05 no later than 14 days following the filing of the respondent’s brief under s. 809.19 or response. The petition must include a statement of reasons for bypassing the court of appeals.

(b)The clerk shall docket the petition to bypass in the supreme court and notify the parties that the petition has been filed. For electronic filing users in the court of appeals proceeding, the notice of activity constitutes service of the petition and provides notification that the proceeding is pending before the supreme court. The clerk shall serve the notice of docketing on paper parties by traditional methods. The petitioner shall serve the petition for bypass on paper parties by traditional methods.

(2)An opposing party may file a response to the petition within 14 days after the service of the petition.

(3)The filing of the petition stays the court of appeals from taking under submission the appeal or other proceeding.

(4)The supreme court may grant the petition upon such conditions as it considers appropriate.

(5)Upon the denial of the petition by the supreme court the appeal or other proceeding in the court of appeals continues as though the petition had never been filed.

809.60 Note Judicial Council Committee’s Note, 1981: The amendment to sub.

(1)establishes time periods for filing a bypass petition to discourage use of the petition for dilatory purposes. [Re Order effective Jan. 1, 1982]

809.60 Note Judicial Council Note, 2001: The time limits in subs.

(1)and

(2)have been changed from 10 to 14 days. Please see the comment to s. 808.07. [Re Order No. 00-02 effective July 1, 2001]

809.60 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.”

809.60 Note Comment, 2021: Sub.

(1)provides that when a petition to bypass is filed, electronic filing users will be served through the electronic filing system.