Ch. 808: Appeals and Writs of Error · Last amended 2015 · Last verified July 15, 2026
In one sentenceSection 808.03 sets out when a circuit court judgment can be appealed to the court of appeals as a matter of right, when a non-final order can be appealed only by permission, and preserves review of an order denying suppression after a plea.
(1)APPEALS AS OF RIGHT. A final judgment or a final order of a circuit court may be appealed as a matter of right to the court of appeals unless otherwise expressly provided by law. A final judgment or final order is a judgment, order or disposition that disposes of the entire matter in litigation as to one or more of the parties, whether rendered in an action or special proceeding, and that is one of the following:
(a)Entered in accordance with s. 806.06 (1) (b) or 807.11 (2).
(b)Recorded in docket entries in ch. 799 cases.
(c)Recorded in docket entries in traffic regulation cases prosecuted in, or following a decision in a municipal court, appealed to, circuit court if a person convicted of a violation may be ordered to pay a forfeiture.
(d)Recorded in docket entries in municipal ordinance violation cases prosecuted in, or following a decision in a municipal court, appealed to, circuit court.
(2)APPEALS BY PERMISSION. A judgment or order not appealable as a matter of right under sub. (1) may be appealed to the court of appeals in advance of a final judgment or order upon leave granted by the court if it determines that an appeal will:
(a)Materially advance the termination of the litigation or clarify further proceedings in the litigation;
(b)Protect the petitioner from substantial or irreparable injury; or
(c)Clarify an issue of general importance in the administration of justice.
(3)REVIEW OF AN ORDER DENYING SUPPRESSION OR EXCLUSION OF EVIDENCE. (a) An order denying a motion to suppress evidence or a motion challenging the admissibility of a statement of a juvenile may be reviewed upon appeal from a final judgment or order notwithstanding the fact that the judgment or order was entered upon an admission or a plea of no contest to the allegations in the petition. (b) An order denying a motion to suppress evidence or a motion challenging the admissibility of a statement of a defendant may be reviewed upon appeal from a final judgment or order notwithstanding the fact that the judgment or order was entered upon a plea of guilty or no contest to the information or criminal complaint.
Official Notes
Cross-reference: See s. 767.217 (2) for appeals involving child support and maintenance.
Judicial Council Note, 1979: Sub. (1) is amended to modify the statutory definition of the final judgment or final order that may be appealed as a matter of right to the court of appeals. Most types of cases decided in circuit court have a final judgment or order entered with the office of clerk of court. Because of the volume of traffic regulation and municipal ordinance violation cases prosecuted in circuit court, the prevailing custom in Wisconsin counties is to only record the dispositions of those cases in docket entries. Requiring counties to meet the present statutory requirement in s. 808.03 (1) for the entry of a final judgment or order in all cases for purposes of having an appealable matter is unnecessarily burdensome and costly. The term “traffic regulation cases” refers to only those traffic violation cases in which the penalty is a civil forfeiture. [Bill 396-S]
Judicial Council Note, 1986: Sub. (1) is amended to clarify that docket entries in small claims and other ch. 799 cases may be final orders from which an appeal may be taken as of right. See 1979 Judicial Council Note to sub. (1). [Re Order eff. 7-1-86]
Plain-English Summary
Section 808.03 organizes the routes for appealing a circuit court decision to the court of appeals. Subsection (1) covers appeals as of right: a final judgment or final order of a circuit court may be appealed as a matter of right unless otherwise expressly provided by law. A final judgment or order is one that disposes of the entire matter in litigation as to one or more parties, whether in an action or special proceeding, and that is entered in accordance with Section 806.06 (1)(b) or 807.11 (2), recorded in docket entries in Chapter 799 cases, recorded in docket entries in certain traffic regulation cases prosecuted in or appealed to circuit court where a forfeiture may be ordered, or recorded in docket entries in municipal ordinance violation cases prosecuted in or appealed to circuit court.
Subsection (2) covers appeals by permission: a judgment or order that is not appealable as of right under subsection (1) may still be appealed in advance of a final judgment or order if the court of appeals grants leave, on a determination that the appeal will materially advance the termination of the litigation or clarify further proceedings, protect the petitioner from substantial or irreparable injury, or clarify an issue of general importance in the administration of justice.
Subsection (3) preserves a specific kind of review even after certain pleas. An order denying a motion to suppress evidence, or a motion challenging the admissibility of a juvenile’s statement, may be reviewed on appeal from a final judgment or order despite that judgment or order having been entered on an admission or plea of no contest to the allegations in the petition. The same protection applies to an order denying a motion to suppress evidence, or challenging the admissibility of a defendant’s statement, despite the judgment or order having been entered on a plea of guilty or no contest to the information or criminal complaint.
Frequently Asked Questions
What makes a judgment or order appealable to the court of appeals as a matter of right?
Under subsection (1), it must dispose of the entire matter in litigation as to one or more parties and be entered under Section 806.06 (1)(b) or 807.11 (2), recorded in docket entries in Chapter 799 cases, or recorded in docket entries in specific traffic regulation or municipal ordinance violation cases appealed from municipal court.
Can I appeal a court order before the case is finally decided?
Only by permission. Subsection (2) lets a non-final judgment or order be appealed in advance of a final judgment or order if the court of appeals grants leave, finding the appeal will materially advance termination of the litigation or clarify further proceedings, protect the petitioner from substantial or irreparable injury, or clarify an issue of general importance in the administration of justice.
If I pled no contest, can I still appeal the denial of my motion to suppress evidence?
Yes. Subsection (3)(b) allows review of an order denying a motion to suppress evidence, or challenging admissibility of a defendant’s statement, on appeal from a final judgment or order, despite the judgment or order having been entered on a plea of guilty or no contest.
Does the same suppression-review protection apply to a juvenile’s statement?
Yes. Subsection (3)(a) allows review of an order denying a motion to suppress evidence or challenging admissibility of a juvenile’s statement on appeal from a final judgment or order, despite that judgment or order having been entered on an admission or plea of no contest to the allegations in the petition.
Are small claims and municipal ordinance cases treated the same way as other civil cases for appeal purposes?
Not exactly. Subsection (1) treats docket entries, rather than a formally entered judgment, as sufficient for a final judgment or order in Chapter 799 cases, in certain traffic regulation cases carrying a forfeiture, and in municipal ordinance violation cases appealed to circuit court.
Amendment History
History: 1977 c. 187; 1979 c. 192; Sup. Ct. Order, 130 Wis. 2d xix (1986); 1995 a. 139, 224; 1997 a. 35; 2009 a. 27; 2015 a. 12.
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 appeal as of right court of appealsinterlocutory appeal by permission wisconsinappealing denial of a motion to suppress wisconsinfinal judgment definition wisconsin appeal