809.104.Appeal of decisions relating to electronics and information technology manufacturing zone.

Ch. 809: Rules of Appellate Procedure · Last amended 2021 · Last verified July 15, 2026

In one sentenceSection 809.104 creates an accelerated, as-of-right appeal track — with compressed briefing deadlines, an automatic stay, and a fast path to supreme court certification — for judgments or orders touching a state or local decision about an electronics and information technology manufacturing zone designated under section 238.396(1m).

Full Text of Section 809.104

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(1) APPLICABILITY. This section applies to the appeal of a judgment or order vacating, enjoining, reviewing, or otherwise relating to a decision by a state or local official, board, commission, condemnor, authority, or department concerning an electronics and information technology manufacturing zone designated under s. 238.396 (1m) and supersedes all inconsistent provisions of this chapter.

(2) APPEAL AS OF RIGHT.

(a) Notwithstanding s. 808.03 (1), an appeal from a judgment or order of the trial court vacating, enjoining, reviewing, or otherwise relating to a decision by a state or local official, board, commission, condemnor, authority, or department concerning an electronics and information technology manufacturing zone designated under s. 238.396 (1m) may be taken to as a matter of right and is governed by this section.

(b) A party may initiate an appeal under this section by filing a notice of appeal with the clerk of the trial court in which the order or judgment appealed from was entered and shall specify in the notice of appeal the order or judgment appealed from. The docketing statement required under s. 809.10 (1) (d) shall be filed in the circuit court and shall accompany the notice of appeal. The appellant shall pay the filing fee with the notice of appeal. The clerk of the circuit court shall transmit to the court of appeals, within 3 days after the filing of the notice of appeal, the docketing statement, a copy of the notice of appeal, and a copy of the circuit court record of the case maintained under s. 59.40 (2) (b) or (c).

(bm) The clerk of the court of appeals shall file the appeal upon receipt of the items referred to in par. (b). The clerk shall assign a case number, create a notice that the case has been docketed, and transmit the notice to the clerk of circuit court. The clerk shall serve the notice of docketing on paper parties by traditional methods.

(c) The appellant shall request a copy of the transcript of the court reporter’s verbatim record of the proceedings for each of the parties to the appeal and make arrangements to pay for the transcript and copies within 5 days after the filing of the notice of appeal under par. (b).

(d) Within 5 days after filing of the notice of appeal in the circuit court, the appellant shall file a statement on transcript with the clerk of circuit court, who shall transmit the statement on transcript to the court of appeals within 3 days after its filing. The statement on transcript shall either designate the portions of the transcript that have been requested by the appellant or contain a statement by the appellant that a transcript is not necessary for prosecution of the appeal. If a transcript is necessary for prosecution of the appeal, the statement on transcript shall also contain a statement by the court reporter that the appellant has requested copies of the transcript or designated portions thereof for each of the other parties; that the appellant has made arrangements to pay for the original transcript and for all copies for the other parties; the date on which the appellant requested the transcript and made arrangements to pay for it; and the date on which the transcript must be served on the parties.

(dm) For electronic filing users in the circuit court case, receipt of the notice of appeal, docketing statement, and statement on transcript through the circuit court electronic filing system shall constitute service of the documents. The appellant shall serve the notice of appeal, docketing statement, and statement on transcript on paper parties by traditional methods.

(e) The court reporter shall serve copies of the transcript on the parties indicated in the statement on transcript within 5 days after the date the appellant requested copies of the transcript under par. (c).

(f) Subsequent proceedings in the appeal are governed by the procedures for civil appeals and the procedures under subch. VI, except as follows:

1. The appellant shall file a brief within 15 days after the filing of the record on appeal.

2. The respondent shall file a brief within 10 days after the service of the appellant’s brief.

3. The appellant shall file within 10 days after the service of the respondent’s brief a reply brief or statement that a reply brief will not be filed.

4. Within 3 days of receipt of the appellant’s reply brief or statement that a reply brief will not be filed under subd. 3., the court of appeals shall certify the appeal to the supreme court under s. 809.61.

5. The supreme court shall give preference to a certification from the court of appeals under this section. If the supreme court refuses to take jurisdiction of the appeal certified to it by the court of appeals under this section, the appeal shall continue in the court of appeals as though the certification had not been made.

(3) STAY PENDING APPEAL. Any judgment or order of a circuit court vacating, enjoining, reviewing, or otherwise relating to a decision by a state or local official, board, commission, condemnor, authority, or department concerning an electronics and information technology manufacturing zone designated under s. 238.396 (1m) shall be stayed automatically upon the filing of an appeal as provided under this section. Any party to the proceeding may apply to the appellate court in which the case is pending at the time to request that the stay be modified or vacated.

End

Plain-English Summary

Section 809.104 carves out faster treatment for appeals touching decisions about an electronics and information technology manufacturing zone designated under section 238.396(1m). It applies to any judgment or order vacating, enjoining, reviewing, or otherwise relating to such a decision by a state or local official, board, commission, condemnor, authority, or department, and it supersedes any part of chapter 809 that conflicts with it.

The appeal proceeds as a matter of right, notwithstanding the usual limits in section 808.03(1) on what orders can be appealed immediately. A party starts it by filing a notice of appeal with the circuit court clerk, paying the filing fee, and filing the docketing statement required under section 809.10(1)(d); the circuit clerk then has just 3 days to transmit the docketing statement, notice, and record to the court of appeals, which dockets the case on receipt. Transcript arrangements move fast too — the appellant has 5 days to request copies and 5 days to file a statement on transcript, and the court reporter has 5 days to serve copies once requested.

Briefing compresses accordingly: the appellant’s brief is due within 15 days of the record’s filing, the respondent’s brief within 10 days after that, and a reply or a statement declining one within 10 more days. Within 3 days after that reply deadline, the court of appeals must certify the case to the supreme court under section 809.61, which gives the certification preference, and if the supreme court declines jurisdiction, the appeal continues in the court of appeals as though certification had never happened. On top of all this, any judgment or order in this category is automatically stayed the moment an appeal is filed, though any party can ask the appellate court to modify or lift that stay.

Frequently Asked Questions

What kind of case gets the accelerated appeal process in Section 809.104?

Appeals from a judgment or order vacating, enjoining, reviewing, or otherwise relating to a decision by a state or local official, board, commission, condemnor, authority, or department concerning an electronics and information technology manufacturing zone designated under section 238.396(1m).

Is a judgment automatically stayed once someone appeals under Section 809.104?

Yes. Subsection (3) provides that the judgment or order is stayed automatically upon the filing of an appeal, though a party may ask the appellate court to modify or vacate the stay.

How quickly does the court of appeals have to certify an EITM zone appeal to the supreme court?

Within 3 days of receipt of the appellant’s reply brief, or a statement that a reply brief will not be filed, the court of appeals must certify the appeal to the supreme court under section 809.61.

What happens if the supreme court refuses to take an EITM zone appeal certified to it?

The appeal continues in the court of appeals as though the certification had not been made.

How long does the appellant have to file a brief in this kind of appeal?

The appellant must file a brief within 15 days after the filing of the record on appeal.

Amendment History

History: 2017 a. 58; Sup. Ct. Order No. 19-01, 2019 WI 44, 386 Wis. 2d xvii; Sup. Ct. Order No. 20-07, 2021 WI 37, 397 Wis. 2d xiii.

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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