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808.10.Review by the supreme court.

Ch. 808: Appeals and Writs of Error · Last amended 2009 · Last verified July 15, 2026

In one sentenceSection 808.10 makes court of appeals decisions reviewable by the Wisconsin Supreme Court only through a petition for review that the supreme court grants, due within 30 days of the decision, with that clock paused while a timely motion for reconsideration is pending in the court of appeals.

Full Text of Section 808.10

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(1) PETITION FOR REVIEW; TIME LIMIT. A decision of the court of appeals is reviewable by the supreme court only upon a petition for review granted by the supreme court. Except as provided in sub. (2) and ss. 809.32 (5) and 809.62 (1m), the petition for review shall be filed in the supreme court within 30 days of the date of the decision of the court of appeals.
(2) TOLLING PENDING COURT OF APPEALS RECONSIDERATION. If a motion for reconsideration is filed in the court of appeals under s. 809.24 (1) within 20 days after the date of a decision of the court of appeals, the 30-day time period to file the petition for review starts on the date the court of appeals determines the motion for reconsideration by filing an order denying the motion for reconsideration or an amended decision.

Official Notes

Judicial Council Note, 1979: This section is amended to more properly describe the function of the supreme court in reviewing decisions of the court of appeals. The supreme court decides whether to accept jurisdiction of a case from the court of appeals after a petition to review, not a petition to appeal, is filed with the supreme court. See s. 809.62. [Bill 396-S] “Decision” under this section is the final decision disposing of the case. K.R. v. Rock County Department of Social Services, 85 Wis. 2d 444, 270 N.W.2d 581 (1978). If a petition is not received by the clerk of the supreme court within 30 days, the court loses subject matter jurisdiction. The objection is not subject to waiver and will be raised on the court’s own motion. First Wisconsin National Bank of Madison v. Nicholaou, 87 Wis. 2d 360, 274 N.W.2d 704 (1979). The untimely service of a petition filed under this section does not affect jurisdiction, but the opposing party may move to dismiss under s. 809.83 (2). State v. Rhone, 94 Wis. 2d 682, 288 N.W.2d 862 (1980). The 30-day deadline for receipt of a petition for review is tolled on the date that a pro se prisoner delivers a correctly addressed petition to the proper prison authorities for mailing. State ex rel. Nichols v. Litscher, 2001 WI 119, 247 Wis. 2d 1013, 635 N.W.2d 292, 00-0853. See also State ex rel. Brown v. Bradley, 2003 WI 14, 259 Wis. 2d 630, 658 N.W.2d 427, 01-3324. Unless the supreme court explicitly states otherwise, a court of appeals opinion overruled by the supreme court no longer retains any precedential value. Blum v. 1st Auto & Casualty Insurance Co., 2010 WI 78, 326 Wis. 2d 729, 786 N.W.2d 78, 081324. Petitions for Review by the Wisconsin Supreme Court. Karch. 1979 WLR 1176.

Plain-English Summary

A court of appeals decision is not automatically appealable to the Wisconsin Supreme Court. Section 808.10 makes supreme court review discretionary: it happens only if a party files a petition for review and the supreme court grants it. Except for the situations covered by subsection (2) and by sections 809.32(5) and 809.62(1m), that petition must be filed within 30 days of the date of the court of appeals’ decision.

That 30-day clock can pause. If a party files a motion for reconsideration in the court of appeals under section 809.24(1) within 20 days of the decision, the 30-day period for filing a petition for review does not start running until the court of appeals resolves that motion, either by denying it or by issuing an amended decision. That gives a party pursuing reconsideration in the court of appeals room to do so without losing the separate window for seeking supreme court review.

Frequently Asked Questions

How long do I have to ask the Wisconsin Supreme Court to review a court of appeals decision?

Except as provided in subsection (2) and sections 809.32(5) and 809.62(1m), a petition for review must be filed within 30 days of the date of the court of appeals decision.

Does the supreme court have to take my case if I file a petition for review?

No. Section 808.10(1) states that a decision of the court of appeals is reviewable by the supreme court only upon a petition for review granted by the supreme court.

What happens to the 30-day deadline if I file a motion for reconsideration in the court of appeals?

It is tolled. If a motion for reconsideration is filed under section 809.24(1) within 20 days of the court of appeals decision, the 30-day period to file a petition for review does not start until the court of appeals determines that motion.

How long do I have to file a motion for reconsideration to pause the petition-for-review deadline?

The tolling provision in section 808.10(2) applies only if the motion for reconsideration is filed within 20 days after the date of the court of appeals decision.

What starts the 30-day clock running again after a reconsideration motion?

The 30-day period starts on the date the court of appeals determines the motion for reconsideration, by filing an order denying the motion or an amended decision.

Amendment History

History: 1977 c. 187; 1979 c. 192; 2009 a. 25.

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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