A person seeking relief under s. 808.07 shall file a motion in the trial court unless it is impractical to seek relief in the trial court. A motion in the court must show why it was impractical to seek re- lief in the trial court or, if a motion had been filed in the trial court, the reasons given by the trial court for its action. A person aggrieved by an order of the trial court granting the relief requested may file a motion for relief from the order with the court. A judge of the court may issue an ex parte order granting temporary relief pending a ruling by the court on a motion filed pursuant to this rule. A motion filed in the court under this section must be filed in accordance with s. 809.14.
809.12.Rule (Motion for relief pending appeal).
Ch. 809: Rules of Appellate Procedure · Last amended 1981 · Last verified July 15, 2026
In one sentenceSection 809.12 requires anyone seeking relief under section 808.07 to ask the trial court first unless doing so is impractical, and it lets an aggrieved party bring that request to the court of appeals instead, including through an ex parte order for temporary relief while a fuller motion is pending.
Full Text of Section 809.12
Plain-English Summary
Section 809.12 sets the sequence for asking an appellate court to grant relief pending appeal under section 808.07. The default is to go to the trial court first: a person seeking that kind of relief has to file a motion there unless doing so would be impractical. If the request goes straight to the court of appeals instead, the motion has to explain either why going to the trial court first was impractical, or, if a motion was already filed there, what reasons the trial court gave for its ruling.
The section also covers the flip side, a party unhappy with relief the trial court already granted. That party may file a motion with the court of appeals seeking relief from the trial court’s order. And because waiting for a full ruling can itself cause harm, a judge of the court of appeals may issue an ex parte order granting temporary relief while the full court decides the motion. Any motion filed in the court of appeals under this section follows the general motion procedure in section 809.14.
Frequently Asked Questions
Do I have to ask the trial court for a stay before going to the court of appeals?
Generally yes. Section 809.12 requires a person seeking relief under section 808.07 to file a motion in the trial court unless it is impractical to seek relief there.
What must my motion say if I skip the trial court and go straight to the court of appeals?
It must show why it was impractical to seek relief in the trial court, or, if a motion had been filed there, state the reasons the trial court gave for its action.
Can I challenge relief the trial court already granted to the other side?
Yes. A person aggrieved by an order of the trial court granting the requested relief may file a motion for relief from the order with the court of appeals.
Can I get temporary relief quickly while my full motion is pending?
Yes. A judge of the court of appeals may issue an ex parte order granting temporary relief pending a ruling by the court on a motion filed under this section.
What procedure governs a motion filed under Section 809.12?
A motion filed in the court of appeals under this section must be filed in accordance with section 809.14.
Amendment History
History: Sup. Ct. Order, 83 Wis. 2d xiii (1978); 1981 c. 390 s. 252.
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
Also known as: wisconsin motion for stay pending appealrelief pending appeal court of appeals wisconsinex parte stay wisconsin appeal809.12 wisconsin statuteemergency stay wisconsin court of appeals