Upon an appeal from a judgment or order an appellate court may reverse, affirm or modify the judgment or order as to any or all of the parties; may order a new trial; and, if the appeal is from a part of a judgment or order, may reverse, affirm or modify as to the part appealed from. In all cases an appellate court shall remit its judgment or decision to the court below and thereupon the court below shall proceed in accordance with the judgment or decision.
808.09.Reversal, affirmance or modification of judgment.
Ch. 808: Appeals and Writs of Error · Last amended 1977 · Last verified July 15, 2026
In one sentenceSection 808.09 gives the appellate court authority, on any appeal, to reverse, affirm, or modify the judgment or order as to some or all parties, or order a new trial, and requires it to remit its decision back to the lower court so that court can proceed accordingly.
Full Text of Section 808.09
Plain-English Summary
Section 808.09 states the basic menu of options an appellate court has once it decides an appeal. It may reverse, affirm, or modify the judgment or order, and it can do so as to any or all of the parties. It may order a new trial instead. And when the appeal reaches only part of a judgment or order, the appellate court’s power to reverse, affirm, or modify is limited to that part.
Whatever the appellate court decides, it does not resolve the case by itself. Section 808.09 requires the appellate court to remit its judgment or decision to the court below, and the court below then proceeds in accordance with that judgment or decision. That remittitur step is what hands the case back to the trial court for whatever comes next, whether that is entering a corrected judgment, conducting a new trial, or closing the case out.
Frequently Asked Questions
What can an appellate court do when it decides an appeal?
It may reverse, affirm, or modify the judgment or order as to any or all of the parties, and it may order a new trial.
If I only appealed part of a judgment, can the appellate court reverse the whole thing?
No. Section 808.09 states that if the appeal is from a part of a judgment or order, the appellate court may reverse, affirm, or modify only as to the part appealed from.
Does the appellate court’s decision automatically close the case?
No. The appellate court must remit its judgment or decision to the court below, and the lower court then proceeds in accordance with that judgment or decision.
What does it mean for a court to remit a decision?
It means sending the judgment or decision back down to the lower court so that court can act on it, which section 808.09 requires in every case.
Can the appellate court reverse a judgment against one party but affirm it against another?
Yes. Section 808.09 allows the appellate court to reverse, affirm, or modify a judgment or order as to any or all of the parties.
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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