When the record and remittitur are received in the trial court:
808.08.Further proceedings in trial court.
Ch. 808: Appeals and Writs of Error · Last amended 1977 · Last verified July 15, 2026
In one sentenceSection 808.08 directs the trial court on what to do once it gets back the record and remittitur from an appeal: act promptly on any specific instruction, put the case on the trial calendar if a new trial was ordered, or, for anything else, give the parties one year to seek further proceedings before the case is dismissed.
Full Text of Section 808.08
(1) If the trial judge is ordered to take specific action, the judge shall do so as soon as possible.
(2) If a new trial is ordered, the trial court, upon receipt of the remitted record, shall place the matter on the trial calendar.
(3) If action or proceedings other than those mentioned in sub. (1) or (2) is ordered, any party may, within one year after receipt of the remitted record by the clerk of the trial court, make appropriate motion for further proceedings. If further proceedings are not so initiated, the action shall be dismissed except that an extension of the one-year period may be granted, on notice, by the trial court, if the order for extension is entered during the oneyear period.
Plain-English Summary
When an appeal ends and the case returns to the trial court, section 808.08 tells the trial court what happens next, based on what the appellate court ordered. If the trial judge was instructed to take a specific action, the section requires doing so as soon as possible — there is no room to let a remanded task sit.
If the appellate court ordered a new trial, the case goes straight back onto the trial calendar once the trial court receives the remitted record. And for anything else, any action or proceeding not covered by those two categories, a party has up to one year after the clerk receives the remitted record to make an appropriate motion for further proceedings. If nobody acts within that year, the case gets dismissed, though the trial court can grant an extension if it enters the order for that extension while the one-year period is still running.
Frequently Asked Questions
What happens to my case after the court of appeals sends it back?
It depends on the order. If the trial judge was ordered to take a specific action, that action must happen as soon as possible. If a new trial was ordered, the case goes on the trial calendar. For anything else, a party has one year to move for further proceedings.
How long do I have to ask for further proceedings after a case comes back from appeal?
One year after the clerk of the trial court receives the remitted record, unless the action or proceedings fall under the specific-action or new-trial categories in subsections (1) and (2).
Can I get more time to seek further proceedings after remittitur?
Yes, if the trial court grants an extension of the one-year period, but the order granting that extension must be entered during the one-year period itself.
What if the trial court is instructed to take a specific action after remand?
Section 808.08(1) requires the judge to do so as soon as possible once the record and remittitur are received.
What happens if no one requests further proceedings within the one-year deadline?
The action is dismissed, unless the trial court granted an extension of the one-year period by an order entered during that period.
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
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