(1) A party moving the appellate court for an order or other relief in a case shall file a motion for the order or other relief. The motion must state the order or relief sought and the grounds on which the motion is based and may include a statement of the position of other parties as to the granting of the motion. A motion may be supported by a memorandum. Except as provided in sub. (1m), any other party may file a response to the motion within 11 days after service of the motion. (1m) If a motion is filed in an appeal under s. 809.107, any other party may file a response to the motion within 5 days after service of the motion.
809.14.Rule (Motions).
Ch. 809: Rules of Appellate Procedure · Last amended 2021 · Last verified July 15, 2026
In one sentenceSection 809.14 sets the general procedure for motions filed in a Wisconsin appellate court — what the motion must state, how long other parties have to respond, when a motion automatically tolls other deadlines, and how motions filed before a notice of appeal is even filed get docketed as a pre-appeal proceeding.
Full Text of Section 809.14
(2) A motion for a procedural order may be acted upon without a response to the motion. A party adversely affected by a procedural order entered without having had the opportunity to respond to the motion may move for reconsideration of the order within 11 days after service of the order.
(3) (a) The filing of a motion seeking an order or other relief which may affect the disposition of an appeal or the content of a brief, a motion seeking consolidation of appeals, a motion for extension of time to file a statement on transcript, or a motion relating to production of transcripts automatically tolls the time for performing an act required by these rules from the date the motion was filed until the date the motion is disposed of by order. (b) The filing of a motion to supplement or correct the record automatically tolls the time for performing an act required by these rules from the date the motion was filed until the date the motion is disposed of by order. If a motion to correct or supplement the record is granted, time limits for performing an act required by these rules shall be tolled from the date on which the motion was filed until the date on which the supplemental or corrected record return is transmitted to the clerk of the court of appeals, except that the time for preparation of supplemental or corrected transcripts is governed by s. 809.11 (7) (a). (c) The clerk of the court of appeals shall transmit to the clerk of circuit court a copy of any motion filed in the appellate court under this subsection.
(5) (a) Any motion for an order or other relief made under sub. (1) before a notice of appeal is filed shall be made in the court of appeals. The clerk of the court of appeals shall assign a pre-appeal case number, create a notice that the case has been docketed, and transmit a copy of the notice of docketing and preappeal motion to the clerk of circuit court. (b) For electronic filing users in the circuit court case, receipt of the notice of docketing and the pre-appeal motion through the circuit court electronic filing system provides access to the preappeal proceeding and constitutes service of the pre-appeal motion. Where service on the attorney general is required by s. 809.802 (1), service shall be made as provided in s. 809.802 (2). The clerk shall serve the notice of docketing on paper parties by traditional methods. The movant shall serve the pre-appeal motion on paper parties by traditional methods. (c) Subsequent pre-appeal motions arising out of the same circuit court case shall be filed and docketed in the same pre-appeal proceeding. The clerk shall transmit a copy of the motions to the clerk of circuit court.
Official Notes
Judicial Council Committee’s Note, 1978: The motion procedure under former Rule 251.71 is continued except that the time for replying to a motion is reduced from 10 to 7 days. A response is not required before action can be taken on a procedural motion because these motions include matters previously handled by letter request or which usually do not adversely affect the opposing party. If an opposing party is adversely affected by a procedural order, he has the right to request the court to reconsider it. Procedural orders include the granting of requests for enlargement of time, to file an amicus brief, or to file a brief in excess of the maximum established by the rules. This section is based on Federal Rules of Appellate Procedure, Rule 27. Sub. (3) modifies the prior practice under which the filing of any motion stayed any due date until 20 days after the motion was decided. This could result in an unintentional shortening of the time in which a brief had to be filed. It could also result in an unnecessary delay if a ruling on the motion would not affect the outcome of the case, the issues to be presented to the court, or a brief or the record. [Re Order effective July 1, 1978]
Judicial Council Committee’s Note, 1979: Sub. (1) is amended by deleting a provision that required only an original and one copy of a motion be filed with an appellate court. With the amendment, the number of copies of a motion to be filed is now governed by 809.81 on the form of papers to be filed with an appellate court, which requires in sub. (2) that 4 copies of a paper be filed with the Court of Appeals and 8 copies with the Supreme Court. [Re Order effective Jan. 1, 1979]
Judicial Council Note, 2001: The 7-day time limits in subs. (1) and (2) have been changed to 11 days. Please see the comment to s. 808.07 (6) concerning time limits. Subsection (3) (a) was revised to include consolidation motions within the tolling provision. Subsection (3) (b) creates a tolling provision when a motion to supplement or correct the record is filed. Subsection (3) (c) creates a service requirement for motions affecting the time limits for transmittal of the record. [Re Order No. 00-02 effective July 1, 2001]
Judicial Council Note, 2006: The amendment to s. 809.14 (1) and the creation of s. 809.14 (1m) to establish a shorter response time to appellate motions should advance the ultimate resolution of TPR appeals. [Re Order No. 05-07 effective July 1, 2006]
NOTE: Sup. Ct. Order No. 20-07 states that “the Comments to the statutes created pursuant to this order are not adopted, but will be published and may be consulted for guidance in interpreting and applying the rule.”
Comment, 2021: Sub. (3) identifies those motions needed by both the appellate and circuit court and provides for cross-copying to the other court without duplicate filing by the litigants. Sub. (5) codifies the existing process for filing motions prior to appeal. The first motion prior to appeal is filed as a new action in the court of appeals and transmitted to the circuit court, providing service on the electronic parties. Subsequent motions are also transmitted to the circuit court.
Plain-English Summary
Section 809.14 is the general-purpose motion rule for Wisconsin’s appellate courts. A party asking for an order or other relief has to file a motion stating what it wants and the grounds for it, may add a supporting memorandum, and may describe other parties’ positions on the request. Other parties get 11 days to respond, except in a section 809.107 appeal, where the response window shrinks to 5 days. A motion for a purely procedural order can be granted without waiting for a response at all, though a party blindsided by that kind of order can move for reconsideration within 11 days of being served with it.
Certain motions come with a built-in tolling effect on the rest of the case’s deadlines. Filing a motion that could affect how the appeal is resolved or what goes into a brief, a motion to consolidate appeals, a motion to extend the deadline for a statement on transcript, or a motion about producing transcripts, all pause other deadlines from the date filed until the date the motion is decided. A motion to supplement or correct the record works the same way, though if it is granted, the tolling period extends further, until the corrected or supplemental record reaches the clerk. None of this tolling applies to appeals under section 809.105, given how compressed that timeline already is.
The section also addresses motions filed before any notice of appeal exists. A motion for relief made under subsection (1) before a notice of appeal is filed still has to go to the court of appeals, which assigns it a pre-appeal case number and transmits notice of the new proceeding to the circuit court clerk. Any later pre-appeal motions arising from the same circuit court case get filed and docketed within that same pre-appeal proceeding, rather than starting a new one each time.
Frequently Asked Questions
How long do I have to respond to a motion filed in a Wisconsin appellate court?
Generally 11 days after service of the motion, except in an appeal under section 809.107, where a response must be filed within 5 days.
Does the court have to wait for a response before ruling on a procedural motion?
No. A motion for a procedural order may be acted on without a response, though a party adversely affected may move for reconsideration within 11 days after service of the order.
Does filing a motion pause other deadlines in my appeal?
Yes, for certain motion types. A motion affecting the disposition of the appeal or brief content, a consolidation motion, a motion to extend the statement-on-transcript deadline, a motion relating to transcript production, or a motion to supplement or correct the record all toll other deadlines while pending.
Do these tolling rules apply to abortion-consent appeals under Section 809.105?
No. Section 809.14(4) states that subsection (3) does not apply in an appeal under section 809.105.
Can I file a motion in the court of appeals before I have even filed my notice of appeal?
Yes. A pre-appeal motion is filed in the court of appeals, which assigns a pre-appeal case number and transmits notice to the circuit court clerk.
Amendment History
History: Sup. Ct. Order, 83 Wis. 2d xiii (1978); Sup. Ct. Order, 92 Wis. 2d xiii; 1991 a. 263; 1995 a. 224; Sup. Ct. Order No. 00-02, 2001 WI 39, 242 Wis. 2d xxvii; Sup. Ct. Order No. 05-07, 2006 WI 37, 287 Wis. 2d xix; 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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