The supreme court may take jurisdiction of an appeal or any other proceeding pending in the court of appeals if:
808.05.Bypass.
Ch. 808: Appeals and Writs of Error · Last amended 1977 · Last verified July 15, 2026
In one sentenceSection 808.05 lets the supreme court take direct jurisdiction of a case still pending in the court of appeals, either by granting a party’s petition to bypass, by accepting certification from the court of appeals before it decides the matter, or by reaching out and taking the case on its own motion.
Full Text of Section 808.05
(1) It grants direct review upon a petition to bypass filed by a party;
(2) It grants direct review upon certification from the court of appeals prior to the court of appeals hearing and deciding the matter; or
(3) It, on its own motion, decides to review the matter directly.
Plain-English Summary
Most appeals move through the court of appeals before the supreme court ever sees them. Section 808.05 creates the exception. It lets the supreme court reach into a pending court of appeals case — an appeal or any other proceeding — and take jurisdiction directly, skipping the intermediate step.
The section gives three routes to that result. A party can ask for it directly, by filing a petition to bypass that the supreme court grants. The court of appeals itself can trigger it, by certifying the matter to the supreme court before it hears and decides the case, typically because the case raises an issue the court of appeals believes the supreme court should settle first. Or the supreme court can act entirely on its own, deciding without any request from a party or the court of appeals that it wants to review the matter directly.
Whichever path is used, the effect is the same: the case leaves the court of appeals’ docket and moves straight to the supreme court, which then handles it as though it had arrived there directly rather than on review of a court of appeals decision.
Frequently Asked Questions
Can I ask the Wisconsin Supreme Court to skip the court of appeals and hear my case directly?
Yes. Section 808.05 allows the supreme court to take jurisdiction of a pending court of appeals matter if it grants direct review on a petition to bypass filed by a party.
Can the court of appeals send a case to the supreme court on its own?
Yes. The supreme court may take jurisdiction upon certification from the court of appeals, made before the court of appeals hears and decides the matter.
Can the supreme court take a case without anyone asking it to?
Yes. Section 808.05(3) lets the supreme court, on its own motion, decide to review the matter directly.
What kinds of cases can be bypassed under Section 808.05?
Any appeal or other proceeding pending in the court of appeals is eligible, not just a particular category of case.
If the court of appeals certifies my case, does the supreme court have to accept it?
No. Certification only lets the supreme court grant direct review; the supreme court still decides whether to accept the certified matter.
Amendment History
History: 1977 c. 187.
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 supreme court bypass petitionskip court of appeals wisconsincertification to supreme court wisconsindirect review wisconsin supreme courtpetition to bypass wisconsin