(1) When an appeal from any court, tribunal, officer or board is attempted to any court and return is duly made to such court, the respondent shall be deemed to have waived all objections to the regularity or sufficiency of the appeal or to the jurisdiction over the parties of the appellate court, unless the respondent moves to dismiss such appeal before taking or participating in any other proceedings in said appellate court. If it appears upon the hearing of such motion that such appeal was attempted in good faith the court may allow any defect or omission in the appeal papers to be supplied, either with or without terms, and with the same effect as if the appeal had been originally properly taken.
807.07.Irregularities and lack of jurisdiction over the parties waived on appeal; jurisdiction exercised; transfer to proper court.
Ch. 807: Miscellaneous Provisions · Last amended 1979 · Last verified July 15, 2026
In one sentenceSection 807.07 treats a respondent’s failure to promptly move to dismiss a defective or misdirected appeal as a waiver of objections to its regularity or to personal jurisdiction, lets a good-faith appeal’s paper defects be cured, and lets a case mistakenly filed without subject-matter jurisdiction proceed and transfer.
Full Text of Section 807.07
(2) If the tribunal from which an appeal is taken had no jurisdiction of the subject matter and the court to which the appeal is taken has such jurisdiction, the court shall, if it appears that the action or proceeding was commenced in the good faith and belief that the first named tribunal possessed jurisdiction, allow it to proceed as if originally commenced in the proper court and shall allow the pleadings and proceedings to be amended accordingly; and in all cases in every court where objection to its jurisdiction is sustained the cause shall be certified to some court having jurisdiction, provided it appears that the error arose from mistake.
Official Notes
Judicial Council Committee’s Note, 1979: Sub. (1) is amended to clarify that it addresses jurisdiction over the parties, and not the subject matter jurisdiction of the appellate court. Lack of subject matter jurisdiction of an appellate court cannot be waived. Sub. (1) cannot be used to cure defects concerning subject matter jurisdiction of an appellate court. [Re Order effective Jan. 1, 1980]
Plain-English Summary
Section 807.07 addresses two separate problems that can arise when an appeal is taken to the wrong place or in a flawed way. Subsection (1) covers procedural and personal-jurisdiction objections: when an appeal is attempted to any court and return is duly made, the respondent is deemed to have waived all objections to the regularity or sufficiency of the appeal, or to the appellate court’s jurisdiction over the parties, unless the respondent moves to dismiss the appeal before taking or participating in any other proceedings there. If the court finds on that motion that the appeal was attempted in good faith, it may allow any defect or omission in the appeal papers to be supplied, with or without terms, giving the appeal the same effect as if it had originally been properly taken.
Subsection (2) covers a different problem: subject-matter jurisdiction. If the tribunal appealed from had no jurisdiction over the subject matter but the court appealed to does, and it appears the action or proceeding was commenced in the good-faith belief that the first tribunal had jurisdiction, the court must allow the case to proceed as if it had originally been commenced in the proper court, and must allow the pleadings and proceedings to be amended accordingly. More broadly, whenever a court sustains an objection to its own jurisdiction, the cause must be certified to a court that has jurisdiction, provided the error arose from mistake.
Frequently Asked Questions
If I want to challenge a defective appeal, when do I need to raise that objection?
Before taking or participating in any other proceedings in the appellate court. Subsection (1) deems the respondent to have waived objections to the appeal’s regularity, sufficiency, or personal jurisdiction over the parties unless the respondent moves to dismiss the appeal before that point.
What happens if my appeal has a defect but I filed it in good faith?
If the court finds on a motion to dismiss that the appeal was attempted in good faith, subsection (1) lets it allow any defect or omission in the appeal papers to be supplied, with or without terms, with the same effect as if the appeal had originally been properly taken.
What if I filed my case in a court that turns out to lack subject-matter jurisdiction?
If it appears the case was commenced in the good-faith belief that the first tribunal had jurisdiction, and the court appealed to has jurisdiction, subsection (2) requires the court to let the case proceed as if originally commenced there and to allow the pleadings and proceedings to be amended.
Does a late objection waive lack of subject-matter jurisdiction the same way it waives other appeal defects?
Subsection (1) addresses waiver of objections to regularity, sufficiency, and personal jurisdiction over the parties; subsection (2) separately handles a tribunal’s lack of subject-matter jurisdiction through good-faith continuation and transfer, rather than through waiver by a late objection.
What happens to a case when a court sustains an objection to its own jurisdiction?
Subsection (2) requires the cause to be certified to a court having jurisdiction, provided the error arose from mistake.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 744; 1975 c. 218; Sup. Ct. Order, 92 Wis. 2d xiii (1979).
Source & verification. Section text and official notes are
reproduced verbatim from the Wisconsin Statutes, published by the
Wisconsin Legislature (Legislative Reference Bureau). Last verified July 15, 2026.
· Official source
Also known as: wisconsin waiver of jurisdiction objection on appealdefective appeal cured good faith wisconsinwrong court subject matter jurisdiction wisconsintransfer case to proper court wisconsin