Ch. 809: Rules of Appellate Procedure · Last amended 2021 · Last verified July 15, 2026
In one sentenceSection 809.15 defines what makes up the record on appeal, puts the circuit court clerk in charge of assembling and electronically transmitting it on a schedule tied to when the transcript is filed, and gives parties a way to challenge a defective record or, in some cases, substitute an agreed statement of the case for the record itself.
(1)COMPOSITION OF RECORD. (a) The record on appeal consists of the following unless the parties stipulate to the contrary: 1. The initiating document by which the action or proceeding was commenced; 2. Proof of service of summons or other process; 3. Answer or other responsive pleading; 4. Instructions to the jury; 5. Verdict, or findings of the court, and order based thereon;
6. Opinion of the court; 7. Final judgment; 8. Order made after judgment relevant to the appeal and documents upon which the order is based; 9. Exhibits whether or not received in evidence, including photographs, video recordings, audio recordings, and computer media such as discs or flash drives, except that physical evidence, models, charts, diagrams, and photographs exceeding 8.5 x 11 inches in size shall not be included unless requested by a party to be included in the record; 10. Any other document filed in the court requested by a party to be included in the record; 11. Notice of appeal; 12. Bond or undertaking; 13. Transcript of court reporter’s verbatim record; 14. Certificate of the clerk. (b) The clerk of the circuit court may request by letter permission of the court to substitute a photocopy for the actual paper or exhibit filed in the circuit court. A photocopy does not include a document that the clerk of the circuit court has electronically scanned into the court record as permitted under SCR 72.05. (c) For purposes of preparing the record on appeal, if the original record has been discarded as permitted under SCR 72.03 (3), the electronically scanned document constitutes the official court record. (d) If the record includes the redacted version of any document, it shall also contain the unredacted version if submitted to the circuit court. The unredacted version shall be marked as confidential. (e) If the record includes a sealed document, the document shall be marked as sealed.
(2)COMPILATION AND APPROVAL OF THE RECORD. The clerk of circuit court shall assemble the record in the order set forth in sub. (1) (a), identify each record item by its circuit court document number, date of filing, and title, and prepare a list of the numbered documents. The clerk shall use the document number assigned in the circuit court as the record number on appeal. The clerk shall also include in the list of numbered documents a list of exhibits not electronically maintained that are part of the record on appeal. At least 10 days before the due date for filing the record in the court, the clerk of the circuit court shall notify in writing each party appearing in the circuit court that the record has been assembled and is available for inspection. The clerk of the circuit court shall include with the notice the list of the documents constituting the record.
(3)DEFECTIVE RECORD. A party who believes that the record, including the transcript of the court reporter’s verbatim record, is defective or that the record does not accurately reflect what occurred in the circuit court may move the court in which the record is located to supplement or correct the record. Motions under this subsection may be heard under s. 807.13.
(4)PROCESSING THE RECORD. (a) Transmittal of the record. The clerk of the circuit court shall electronically transmit the record to the court of appeals within 20 days after the date of the filing of the transcript designated in the statement on transcript or within 20 days after the date of the filing of a statement on transcript indicating that no transcript is necessary for prosecution of the appeal, unless the court extends the time for transmittal of the record or unless the tolling provisions of s. 809.14 (3) extend the time for transmittal of the record. If additional portions of the transcript are requested under s. 809.11 (5), the clerk of the circuit court shall transmit the record to the court of appeals within 20 days after the date of the filing of the additional portions of the transcript. The clerk of the circuit court shall transmit by traditional methods any original documents or exhibits not electronically maintained. (b) Late transcript. If the reporter fails to file the transcript within the time limit specified in the statement on transcript, the clerk of circuit court shall transmit the record not more than 90 days after the filing of the notice of appeal, unless the court of appeals extends the time for filing the transcript of the court reporter’s verbatim record. If the court extends the time for filing the transcript of the court reporter’s verbatim record, the clerk of circuit court shall transmit the record within 20 days after the date that the transcript is filed. (c) Supplementation or correction of record. Notwithstanding pars. (a) and (b), if a motion to supplement or correct the record is filed in circuit court, the clerk of circuit court may not transmit the record until the motion is determined. The clerk of the circuit court shall transmit to the clerk of the court of appeals a copy of any motion to supplement or correct the record that is filed in circuit court. The circuit court shall determine, by order, the motion to supplement or correct the record within 14 days after the filing or the motion is considered to be denied and the clerk of circuit court shall immediately enter an order denying the motion and shall transmit the record to the court of appeals within 20 days after entry of the order. If the circuit court grants the motion, the clerk of circuit court shall transmit the supplemented or corrected record to the court of appeals within 20 days after entry of the order or filing of the supplemental or corrected record in the circuit court, whichever is later. (4m) NOTICE OF FILING OF RECORD. The clerk of the court of appeals shall notify the clerk of circuit court and all parties appearing in the circuit court of the date on which the record was filed. When the clerk of the circuit court must transmit original documents or exhibits not electronically maintained by traditional methods, the date on which the record was filed is the date the electronic transmission and index was received by the clerk of the court of appeals.
(5)AGREED STATEMENT IN LIEU OF RECORD. The parties may file in the court within the time prescribed by sub. (4) an agreed statement of the case in lieu of the record on appeal. The statement must:
(a)Show how the issues presented by the appeal arose and were decided by the trial court; and
(b)Recite sufficient facts proved or sought to be proved as are essential to a resolution of the issues presented.
Official Notes
Judicial Council Committee’s Note, 1978: Sub. (1) substantially embodies former s. 251.25. It also permits the filing of a photocopy instead of the original record but only with the approval of the Court of Appeals, changing to some extent prior Rules 251.25 (13) and 251.27. Under this section the parties can stipulate to exclude some items from the record, but this should be done before the clerk assembles the record.
Sub. (2). The responsibility for having the record assembled and transmitted to the Court of Appeals is transferred from the appellant to the clerk of the trial court. It is not necessary to have the attorneys present at the pagination of the record. The federal procedure set forth in Rule 11 (b), FRAP, under which the clerk assembles the record and then notifies the parties so that they can inspect the record prior to it being sent to the Court of Appeals is adopted. Also adopted is the federal procedure of the clerk preparing a list of all the papers in the record. The former system of numbering each page in the record consecutively is abandoned for the simpler practice of assigning a letter or number to each document and using its internal page reference. Thus, the reference to the third page of the first document would be A-3 and to the fifth page of the second document B-5.
Sub. (3). This provision replaces former Rule 251.30 and s. 817.117. Subs. (4) and (5). The provisions of former Rules 251.29 and 251.28 are included in these subsections. [Re Order effective July 1, 1978]
Judicial Council Committee’s Note, 1981: Sub. (4) is amended to provide for an expedited transmittal of the record for appeals in which a transcript is not neces-
sary for prosecution of the appeal or a transcript is filed in less than the maximum time period permitted by ch. 809. [Re: Order effective Jan. 1, 1982]
Judicial Council Note, 1988: Sub. (3) is amended to allow motions to correct the record to be heard by telephone conference. [Re: Order effective Jan. 1, 1988]
Judicial Council Note, 2001: Subsection (2) requires that numbers be used to identify the contents of the record. Subsection (4) (a) recreates the general rule for record transmittal from former sub. (4). Exceptions to the general rule are set forth in subs. (4) (b) and (c). Subsection (4m) recreates the last sentence of former sub. (4). [Re: Order No. 00-02 effective July 1, 2001]
NOTE: Sup. Ct. Order No. 15-02 states: The Comments to Wis. Stat. ss. 809.105 (3) and 809.15 are not adopted, but will be published and may be consulted for guidance in interpreting and applying the rule.
Comment, 2015: Effective July 1, 2016, the Wisconsin Supreme Court amended the Rules of Appellate Procedure to permit the clerk of circuit court to transmit the record to the appellate court electronically. The amendment applies to record transmittals due on or after July 1, 2016. [Re: Order No. 15-02 effective July 1, 2016]
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: In 2016 the court adopted ss. 809.19 (2) (i) and 801.21 (9) relating to redaction and sealing of certain court documents. Sub. (1) addresses transmittal to the court of appeals of a record that contains redacted or sealed documents.
In 2018 the circuit court case management software began assigning a document number to each item in the circuit court record as it is filed. Sub. (2) requires the record index to use the same numbering on appeal. This will facilitate identification of documents and minimize confusion that may arise when a document is stamped with two different numbers by the circuit and appellate courts. If a circuit court record item is not included in the record on appeal, this will appear as a numbering gap in the index to the record.
Plain-English Summary
Section 809.15 defines the record that travels up with a Wisconsin appeal. Unless the parties stipulate otherwise, it includes the initiating document, proof of service, the answer or other responsive pleading, jury instructions, the verdict or findings and the resulting order, the court’s opinion, the final judgment, any relevant post-judgment order, exhibits (with some size and format exceptions), other documents a party wants included, the notice of appeal, any bond, the transcript, and the clerk’s certificate. Redacted documents must also include the unredacted version, marked confidential, and sealed documents must be marked sealed.
Putting the record together is the circuit court clerk’s job. The clerk assembles it in the order the statute lists, identifies each item by its circuit court document number, filing date, and title, prepares a list of everything included, and notifies every party in writing at least 10 days before the record is due that it is ready for inspection. The clerk then electronically transmits the record to the court of appeals within 20 days of the transcript being filed, or of a statement on transcript saying none is needed, though a late transcript triggers a fallback deadline of 90 days after the notice of appeal, and a motion to supplement or correct the record pauses transmittal until the circuit court rules on it, which it must do within 14 days or the motion is deemed denied.
If a party thinks the record, including the court reporter’s transcript, is defective or does not accurately reflect what happened in circuit court, that party can move the court where the record sits to supplement or correct it, with the motion eligible to be heard by telephone under section 807.13. And in place of assembling a full record at all, the parties can instead file an agreed statement of the case, as long as it shows how the appeal’s issues arose and were decided in the trial court and recites the facts essential to resolving them.
Frequently Asked Questions
What documents make up the record on appeal in Wisconsin?
Unless the parties stipulate otherwise, section 809.15(1)(a) lists the initiating document, proof of service, responsive pleading, jury instructions, verdict or findings and order, opinion, final judgment, relevant post-judgment orders, exhibits, other requested documents, the notice of appeal, any bond, the transcript, and the clerk’s certificate.
Who is responsible for assembling and sending the record to the court of appeals?
The clerk of circuit court assembles the record, identifies each item, prepares a list of documents, notifies the parties, and electronically transmits the record to the court of appeals.
How long does the clerk have to transmit the record after the transcript is filed?
Generally 20 days, though the deadline extends to 90 days after the notice of appeal if the transcript is filed late, and transmittal pauses while a motion to supplement or correct the record is pending.
What can I do if I think the transcript or record is wrong or incomplete?
A party may move the court in which the record is located to supplement or correct the record, and the motion may be heard under section 807.13.
Can the parties avoid preparing a full record on appeal?
Yes. Section 809.15(5) lets the parties file an agreed statement of the case in lieu of the record, as long as it shows how the issues arose and were decided and recites the facts essential to resolving them.
Amendment History
History: Sup. Ct. Order, 83 Wis. 2d xiii (1978); Sup. Ct. Order, 104 Wis. 2d xi (1981); Sup. Ct. Order, 141 Wis. 2d xiii (1987); 1987 a. 403; Sup. Ct. Order No. 0002, 2001 WI 39, 242 Wis. 2d xxvii; Sup. Ct. Order No. 02-01, 2002 WI 120, 255 Wis. 2d xiii; Sup. Ct. Order No. 12-05, 2012 WI 112, 344 Wis. 2d xxxiii; Sup. Ct. Order No. 15-02, 2015 WI 102, 365 Wis. 2d xix; 2017 a. 365 s. 111; 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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