(1) EFFECT OF APPEAL. An appeal does not stay the execution or enforcement of the judgment or order appealed from except as provided in this section or as otherwise expressly provided by law.
808.07.Relief pending appeal.
Ch. 808: Appeals and Writs of Error · Last amended 2003 · Last verified July 15, 2026
In one sentenceSection 808.07 explains that filing an appeal does not by itself stop enforcement of the judgment or order being appealed, and it lays out how a trial or appellate court can grant a stay or other relief pending appeal, often conditioned on an undertaking capped at $100,000,000 in civil cases.
Full Text of Section 808.07
(2) AUTHORITY OF A COURT TO GRANT RELIEF PENDING APPEAL. (a) During the pendency of an appeal, a trial court or an appellate court may: 1. Stay execution or enforcement of a judgment or order; 2. Suspend, modify, restore or grant an injunction; or 3. Make any order appropriate to preserve the existing state of affairs or the effectiveness of the judgment subsequently to be entered. (am) During the pendency of an appeal, the trial court may hear and determine a motion filed under s. 806.07. (b) Except as provided in s. 655.27 (5) (a) 3., relief under this subsection may be conditioned upon the filing of an undertaking in the trial court. (2m) LIMIT ON UNDERTAKING. (a) During the pendency of an appeal of a judgment in any civil action, the court shall set the amount of the undertaking to be furnished by all appellants collectively in order to stay the execution of the judgment during appellate review, but the undertaking shall not exceed $100,000,000. (b) Notwithstanding par. (a), if an appellee proves by a preponderance of the evidence that an appellant is dissipating assets outside the ordinary course of business to avoid payment of a judgment, a court may enter any order necessary to protect the appellee and may require the appellant to post a bond in an amount not to exceed the amount of the judgment.
(3) UNDERTAKING FOR COSTS. An undertaking for costs is not required unless specifically required by statute, or, except as provided in s. 655.27 (5) (a) 3., by the trial court acting in its discretion.
(4) PROCEEDINGS AGAINST A SURETY. A surety on an undertaking is subject to the jurisdiction of the trial court and irrevocably appoints the clerk of that court as the surety’s agent for service of any papers affecting his or her liability on the undertaking. A person may seek to enforce the surety’s liability by filing a motion in the action or proceeding in the trial court in which the undertaking was filed.
(5) PUBLIC OFFICIALS. A person or agency suing or being sued in an official public capacity is not required to execute an undertaking as a condition for relief under this section unless, except as provided in s. 655.27 (5) (a) 3., required by the court in its discretion.
(6) SURETIES ON UNDERTAKINGS. A surety shall file with the undertaking an affidavit that the surety has a net worth in property within this state not exempt from execution which exceeds the amount of the undertaking, except as provided in s. 632.17 (2). The respondent may by motion object to the sufficiency of a surety within 14 days after service of a copy of the undertaking.
Official Notes
Judicial Council Note, 1986: Sub. (2) (am) carries forward the authority of trial courts to hear and determine motions for relief from judgment during the pendency of an appeal. Authority of the appellate court to hear and determine such motions under prior sub. (2) (a) 4. has been repealed. [Re Order eff. 7-1-86]
Judicial Council Note, 2001: Sub. (6) is the first of fifteen statutes scattered throughout the rules in which a 10-day deadline is being changed to a 14-day deadline. Also, 7-day deadlines are being changed to 11-day deadlines. Many of the current deadlines in ch. 809 are either 7 or 10 days and are affected by s. 801.15 (1) (b), which excludes “Saturdays, Sundays and holidays” from time periods “less than 11 days.” Additionally, many time periods in ch. 809 run from the service of a document, and under s. 801.15 (5) (a), when a document is served by mail, 3 days are added to the prescribed period. The interplay of s. 801.15 and ch. 809 causes many of the time periods in ch. 809 to be substantially longer than the number of days specified in the Rules. The varying time periods have made calculation of the court’s deadlines difficult. The proposed amendment of all of the 7-day or 10-day deadlines to 11 and 14 days, respectively, will remove the impact of s. 801.15 (1) (b) on the Rules of Appellate Procedure. However, there will be little adverse impact on the time actually given to parties. The proposed change will greatly facilitate the court’s calculation of deadlines. If circumstances demand a different time period, the court may set an appropriate deadline under s. 809.82 (2) (a). [Re Order No. 00-02 effective July 1, 2001]
Plain-English Summary
Filing a notice of appeal does not freeze the case below. Section 808.07 states that plainly: an appeal does not stay execution or enforcement of the judgment or order appealed from, except as this section or another law expressly provides. Someone who wants to pause enforcement while the appeal proceeds has to ask for that relief; it does not happen on its own.
Both the trial court and the appellate court have authority to grant it. During the appeal, either court may stay execution of a judgment or order, suspend or modify an injunction, or make any order needed to preserve the state of affairs until a final judgment is entered. The trial court also keeps authority to hear motions under section 806.07 while the appeal is pending. Relief under this subsection can be conditioned on filing an undertaking, and section 808.07 sets an outer limit on that in civil cases: the court sets the collective undertaking amount for all appellants, but it cannot exceed $100,000,000, unless the appellee proves an appellant is dissipating assets to dodge the judgment, in which case the court can order a bond up to the full judgment amount.
The rest of the section fills in the mechanics. An undertaking for costs is not required unless a statute or the trial court’s discretion calls for one. A surety on an undertaking falls under the trial court’s jurisdiction, with the clerk of that court standing in as the surety’s agent for service of papers about the surety’s liability. Public officials sued in their official capacity are not required to post an undertaking unless the court requires it. And any surety must file an affidavit showing net worth in unexempt in-state property exceeding the undertaking amount, which the respondent can challenge by motion within 14 days of service.
Frequently Asked Questions
Does filing an appeal automatically stop the other side from enforcing the judgment?
No. Section 808.07(1) states that an appeal does not stay execution or enforcement of the judgment or order appealed from, except as this section or another law expressly provides.
Is there a cap on how much a bond can be to stay a judgment during appeal?
Yes. In a civil action, the court sets the undertaking amount for all appellants collectively, but it cannot exceed $100,000,000 — unless the appellee proves an appellant is dissipating assets outside the ordinary course of business to avoid paying the judgment.
Can the trial court still act on relief-from-judgment motions after an appeal is filed?
Yes. Section 808.07(2)(am) states that during the pendency of an appeal, the trial court may hear and determine a motion filed under section 806.07.
Do I have to post an undertaking for costs on appeal?
Not unless a statute specifically requires it or the trial court, acting in its discretion, requires one.
How can I challenge whether a surety on an undertaking is financially sound?
The surety must file an affidavit showing net worth in unexempt in-state property exceeding the undertaking, and the respondent may object to the surety’s sufficiency by motion within 14 days after being served with a copy of the undertaking.
Amendment History
History: 1977 c. 187; 1979 c. 32; 1979 c. 110 s. 60 (9); 1983 a. 158, 219; Sup. Ct. Order, 130 Wis. 2d xix (1986); 1985 a. 332; Sup. Ct. Order No. 00-02, 2001 WI 39, 242 Wis. 2d xxvii; 2003 a. 105.
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
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