(1) INITIATING AN APPEAL. An appeal to the court of appeals must be initiated within 45 days of entry of a final judgment or order appealed from if written notice of the entry of a final judgment or order is given within 21 days of the final judgment or order as provided in s. 806.06 (5), or within 90 days of entry if notice is not given, except as provided in this section or otherwise expressly provided by law. Time limits for seeking review of a nonfinal judgment or order are established in s. 809.50. (1m) An appeal by a record subject under s. 19.356 shall be initiated within 20 days after the date of entry of the judgment or order appealed from. (1s) An appeal under s. 781.10 (2) (d) 5. shall be initiated within 30 days after the date of entry of the judgment or order appealed from.
808.04.Time for appeal to the court of appeals.
Ch. 808: Appeals and Writs of Error · Last amended 2023 · Last verified July 15, 2026
In one sentenceSection 808.04 sets the deadlines for starting an appeal to the court of appeals, running 45 or 90 days from entry of the judgment or order in most civil cases depending on whether notice of entry was given, with shorter or different deadlines for particular case types and rules covering a party’s death or an appeal filed before entry.
Full Text of Section 808.04
(2) An appeal under s. 227.60 or 799.445 shall be initiated within 15 days after entry of judgment or order appealed from.
(4) Except as provided in sub. (7m), an appeal by the state in a proceeding under s. 971.17, a criminal case under s. 974.05, or a case under ch. 48, 938, or 980 shall be initiated within 45 days of entry of the judgment or order appealed from. (6) When a party to an action or special proceeding dies during the period allowed for appeal, the time to appeal is the time permitted by law or 120 days after the party’s death, whichever is later. If no personal representative qualifies within 60 days after the party’s death, any appellant may have a personal representative appointed under s. 856.07 (2). (7) An appeal by a party other than the state from a judgment or order granting adoption shall be initiated by filing the notice required by s. 809.30 (2) (b) within 40 days after the date of entry of the judgment or order appealed from. Notwithstanding s. 809.82 (2) (a), this time period may not be enlarged. (7m) An appeal from a judgment or order terminating parental rights or denying termination of parental rights shall be initiated by filing the notice required by s. 809.107 (2) within 30 days after the date of entry of the judgment or order appealed from. (7p) An appeal from a judgment or order under s. 809.104 shall be initiated by filing the notice required by s. 809.104 (2) (b) within 30 days after the date of entry of the judgment or order appealed from. (8) If the record discloses that the judgment or order appealed from was entered after the notice of appeal or intent to appeal was filed, the notice shall be treated as filed after that entry and on the day of the entry.
Official Notes
NOTE: 2003 Wis. Act 47 contains explanatory notes.
Cross-reference: See s. 809.50 for time to file permissive appeals.
Judicial Council Note, 1983: Sub. (2) requires expedited initiation of appeals in recall and eviction cases as well as cases in which the validity of a state law is attacked in federal district court. Sub. (3) references the appeal deadline for criminal, juvenile, mental commitment and protective placement appeals. Sub. (4) references the appeal deadline for appeals by the state in criminal and children’s code cases. [Bill 151-S]
Judicial Council Note, 1986: The amendment to sub. (1) clarifies the time limit for notice of entry by cross-referencing s. 806.06 (5). [Re Order eff. 7-1-86]
Judicial Council Note, 1986: Subs. (3) and (4) are amended by removing references to a repealed statute. Sub. (7) requires a party other than the state to commence an appeal from a judgment or order terminating parental rights or granting an adoption by filing notice of intent to pursue relief in the trial court within 40 days after entry. It also prohibits enlargement of this time by the court of appeals. [Re Order eff. 7-1-87]
Judicial Council Note, 1992: Subsection (8) is analogous to Rule (4) (a) (2) of the Federal Rules of Appellate Procedure. It is intended to avoid the delay, confusion and prejudice which can result from dismissing appeals solely because they are filed before the judgment or order appealed from is entered. Appeals from judgments or orders which have not been entered are still dismissable. [Re Order effective July 1, 1992]
Judicial Council Note, 2001: The word “final” has been inserted before “judgment or order” in sub. (1). The amendment specifies that the 45- or 90-day time limit applies in appeals from final orders and the 14-day time limit in s. 809.50 applies to appeals from nonfinal orders. [Re Order No. 00-02 effective July 1, 2001]
Plain-English Summary
Section 808.04 answers the first question any appeal raises: how much time do you have? The default rule for civil cases turns on notice. If written notice of entry of the final judgment or order goes out within 21 days under section 806.06(5), the appellant has 45 days from entry to start the appeal. If no such notice is given, the window stretches to 90 days. That default gives way to section 809.50 for review of a nonfinal judgment or order, and to a series of shorter, case-specific deadlines set out later in the section.
Those shorter deadlines cover situations the legislature and the courts have decided need faster resolution. A record subject appealing under section 19.356 gets 20 days. Appeals concerning certain political subdivision approvals under section 781.10(2)(d)5. get 30 days. Recall and eviction cases under sections 227.60 and 799.445 get 15 days. Criminal cases, and cases under chapters 48, 51, 55, 938, and 980, follow the deadlines set in sections 809.30(2) or 809.32(2), while the state’s own appeals in those categories run 45 days from entry. Adoption appeals by a party other than the state get 40 days, a deadline the court of appeals cannot enlarge; parental-rights-termination appeals and appeals under section 809.104 each get 30 days, tied to the notice requirements those specific sections impose.
The section also covers two situations that would otherwise leave an appeal in limbo. If a party dies during the appeal period, the time to appeal becomes whichever is later: the ordinary deadline or 120 days after the death, with a process for appointing a personal representative if none qualifies within 60 days. And if a notice of appeal or intent to appeal gets filed before the judgment or order it targets is entered, section 808.04 treats the notice as filed on the day of that later entry, rather than requiring the appellant to file again.
Frequently Asked Questions
How long do I have to file a notice of appeal in a Wisconsin civil case?
It depends on notice of entry. If written notice of entry of the final judgment or order was given within 21 days under section 806.06(5), you have 45 days from entry to start the appeal. If no such notice was given, you have 90 days.
What happens if I file my notice of appeal before the judgment is entered?
Section 808.04 treats the notice as filed after entry, on the day of the entry, rather than requiring you to file again once the judgment or order is entered.
Can the deadline to appeal an adoption order be extended?
No. A party other than the state has 40 days to initiate an adoption appeal under section 808.04(7), and the section specifically states that this period may not be enlarged under section 809.82(2)(a).
What if a party dies while the appeal deadline is still running?
The time to appeal becomes whichever is later: the time otherwise permitted by law, or 120 days after the party’s death. If no personal representative qualifies within 60 days of the death, an appellant may have one appointed under section 856.07(2).
Do criminal appeals follow the same 45- or 90-day deadline as civil appeals?
No. Appeals in criminal cases and cases under chapters 48, 51, 55, 938, and 980 follow the deadlines set in sections 809.30(2) or 809.32(2), and the state’s own appeals in those case types run 45 days from entry of the judgment or order.
Amendment History
History: 1977 c. 187; 1979 c. 32 s. 92 (9), (14); 1979 c. 89, 221; 1981 c. 152; 1981 c. 314 ss. 130, 146; 1983 a. 183, 219; 1983 a. 491 s. 23; 1985 a. 182 s. 57; Sup. Ct. Order, 130 Wis. 2d xi, xix (1986); Sup. Ct. Order, 136 Wis. 2d xxv (1987); 1989 a. 56 s. 259; 1989 a. 192; 1991 a. 39; Sup. Ct. Order, 168 Wis. 2d xix (1992); 1993 a. 395; 1995 a. 77, 275; 1997 a. 133; Sup. Ct. Order No. 00-02, 2001 WI 39, 242 Wis. 2d xxvii; 2003 a. 47; 2005 a. 293, 434; 2009 a. 26; 2017 a. 58, 258; 2023 a. 16.
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 deadline to file notice of appeal45 day appeal deadline wisconsin90 day appeal deadline wisconsintime limit to appeal a judgment wisconsinappeal deadline when party dieswisconsin adoption appeal deadline