Subch. II: Provisions of General Application · Last amended 2021 · Current through 2025 Wisconsin Act 247 · Last verified September 8, 2026
In one sentenceSection 767.17 gives any party the right to have a judge review a circuit court commissioner's decision de novo, on a motion filed within 20 calendar days, with the hearing held within 60 days.
(1)RIGHT TO DE NOVO REVIEW. Any decision of a circuit court commissioner under this chapter shall be reviewed by the judge of the branch of court to which the case has been assigned, upon motion of any party. Any determination, order, or ruling by a circuit court commissioner under this chapter may be certified to the branch of court to which the case has been assigned, upon a motion of any party for a hearing de novo. A party is required to be present at the hearing in order to seek a de novo review. The right to seek a de novo review does not apply to stipulations entered into between the parties. Notices requesting a hearing de novo will not stay the order unless the trial court specifically grants a stay of the order.
(2)TIME LIMITS. If a party seeks to have the trial court conduct a hearing de novo of a determination, order, or ruling entered by a court commissioner in an action affecting the family under this chapter, the party shall file a motion for a hearing de novo within 20 calendar days of the oral decision of the court commissioner or within 20 calendar days of the mailing of a written decision or order by the court commissioner if the decision or order was not given orally by the court commissioner at the time of the hearing. As set forth under s. 801.15 (1), 20 calendar days are counted consecutively and include weekends and holidays.
(3)HEARING. The court shall hold a hearing de novo no later than 60 days from the date of the filing of the motion under this section, except as otherwise required under s. 767.481.
End
Amendment History
Wisconsin prints each section’s legislative history as a single “History” line naming every act that created or amended it, and every renumbering. It is reproduced verbatim below.
History: 2005 a. 443; 2021 a. 205.
Plain-English Summary
Because so much family work in Wisconsin is done by circuit court commissioners, this is the section that keeps a judge available. Any decision of a commissioner under this chapter is reviewed by the judge of the branch to which the case is assigned, on the motion of any party — and any determination, order or ruling may be certified to that branch on a party's motion.
The review is de novo: the judge decides the matter afresh rather than asking whether the commissioner was wrong.
The timetable is short at both ends. The motion must be filed within 20 calendar days of the commissioner's oral decision, or within 20 calendar days of the mailing of a written decision or order. The court must then hold the hearing no later than 60 days from the date the motion was filed, except where the relocation section requires otherwise.
Frequently Asked Questions
How long do I have to appeal a court commissioner's decision in Wisconsin?
Twenty calendar days — from the oral decision, or from the mailing of a written decision or order.
What is a de novo hearing?
A fresh hearing before the judge of the branch to which the case is assigned. The judge decides the matter over again rather than reviewing the commissioner for error.
How soon will the de novo hearing be held?
No later than 60 days from the date the motion was filed, except as the relocation section otherwise requires.
Source & verification. The statutory text, official notes and history are reproduced verbatim from the
Wisconsin Statutes, Chapter 767 (Wis. Stat. § 767.17), published by the Wisconsin Legislative Reference Bureau. Current through 2025 Wisconsin Act 247. The plain-English summary is original and written by us. Last verified September 8, 2026. ·
Official source
Also known as:de novo review court commissioner Wisconsin20 days appeal commissioner60 day de novo hearing767.17 review