809.103.Appeals in proceedings related to prisoners.
Ch. 809: Rules of Appellate Procedure · Last amended 2011 · Last verified July 15, 2026
Full Text of Section 809.103
Plain-English Summary
Section 809.103 targets appeals and supervisory writ proceedings brought by prisoners specifically, borrowing its definition of prisoner from section 801.02(7)(a)2. When the court of appeals rules that such a proceeding falls into one of four categories, it must notify the department of justice through a procedure the director of state courts develops together with the department.
Those four categories are: the appeal is frivolous as determined under section 802.05(2) or 895.044; it serves an improper purpose such as harassment, unnecessary delay, or running up litigation costs; it seeks money damages from a defendant who is immune from that kind of relief; or there is no ground on which the court could grant relief. Notifying the department of justice in these situations gives it visibility into prisoner litigation the courts have flagged as problematic.
The section also closes off a potential workaround. Even if the court of appeals dismisses a prisoner’s appeal or supervisory writ proceeding for one of these reasons, the prisoner is not relieved of the obligation to pay the full filing fee. Dismissal on these grounds does not come with a fee waiver.
Frequently Asked Questions
What happens if a prisoner’s appeal is found to be frivolous in Wisconsin?
The appellate court notifies the department of justice, using a procedure developed by the director of state courts in cooperation with the department, once it rules that the appeal meets that condition.
Does a prisoner still owe the filing fee if their appeal gets dismissed as frivolous?
Yes. Section 809.103(3) states a prisoner is not relieved from paying the full filing fee related to an appeal or supervisory writ proceeding if it is dismissed for one of the reasons listed in subsection (2).
What counts as an improper purpose for a prisoner’s appeal under Section 809.103?
Using the appeal or supervisory writ proceeding to harass, to cause unnecessary delay, or to needlessly increase the cost of litigation.
Does this section apply to a prisoner seeking money damages from someone with immunity?
Yes. Section 809.103(2)(c) covers an appeal or supervisory writ proceeding that seeks review of a denial of monetary damages from a defendant who is immune from that relief.
Who is considered a prisoner for purposes of Section 809.103?
The section adopts the meaning given in section 801.02(7)(a)2.
Amendment History
History: 1997 a. 133; Sup. Ct. Order No. 03-06A, 2005 WI 86, 280 Wis. 2d xiii; 2011 a. 2.