(1) In order to minimize appellate delay and reduce its backlog, the court of appeals may develop an expedited appeals program. The program may involve mandatory completion of docketing statements by appellant’s counsel and participation in presubmission conferences at the direction of the court, but participation in the court’s accelerated briefing and decision process is voluntary. The rules and procedures governing the program shall be set forth in the court of appeals’ internal operating procedures.
809.17.Rule (Expedited appeals program, voluntary alternative dispute resolution and presubmission conference).
Ch. 809: Rules of Appellate Procedure · Last amended 2001 · Last verified July 15, 2026
In one sentenceSection 809.17 authorizes the court of appeals to run an expedited appeals program and an appellate mediation program, allowing mandatory docketing statements and presubmission conferences while keeping the accelerated briefing process and mediation itself voluntary, all governed by the court’s own internal operating procedures.
Full Text of Section 809.17
(2) The court of appeals may require all attorneys of record in any appeal to participate in a presubmission conference, either by telephone or in person, with an officer of the court. An attorney of record with no direct briefing interest in the appeal may waive his or her participation in the conference by written notice to the court. (2m) The court of appeals may establish an appellate mediation program and make and enforce all rules necessary for the prompt and orderly dispatch of the business of the program. Participation in the appellate mediation program is voluntary, but the program may involve mandatory participation in the presubmission conferences at the direction of the court. Only those cases in which a docketing statement is required to be filed under s. 809.10 (1) (a) are eligible for participation in the appellate mediation program. The parties to the appeal shall pay the fees of a mediator providing services under the program, unless those fees are waived or deferred by the court. The rules and procedures governing the program shall be set forth in the court of appeals’ internal operating procedures.
Official Notes
Court of Appeals Note, 1986: Section (Rule) 809.17 is repealed and recreated to give the court of appeals authority to administer its expedited appeals program pursuant to Section VII, Expedited Appeals, of the Court of Appeals Internal Operating Procedures (amended 1986). The rule replaces a similar delegation of authority to the chief judge of the court of appeals by order of the supreme court dated December 19, 1983. [Re Order effective January 1, 1987]
Plain-English Summary
Section 809.17 gives the court of appeals tools to manage its caseload and reduce delay. It may develop an expedited appeals program that can require completion of docketing statements and participation in presubmission conferences, but participation in the program’s accelerated briefing and decision process itself stays voluntary. The details of how the program runs are left to the court of appeals’ internal operating procedures rather than spelled out in the statute.
The court may also require attorneys of record in any appeal to take part in a presubmission conference, whether by phone or in person, with a court officer, though an attorney with no direct interest in the briefing can waive that requirement by written notice. Separately, the court may set up an appellate mediation program. Participation in mediation itself is voluntary, though presubmission conference participation connected to it can still be required, and only cases where a docketing statement is required under section 809.10(1)(a) qualify. The parties pay the mediator’s fees unless the court waives or defers them.
Frequently Asked Questions
Can the court of appeals require me to attend a presubmission conference?
Yes. The court may require attorneys of record in any appeal to participate, though an attorney with no direct briefing interest may waive participation by written notice to the court.
Is participating in the expedited briefing process mandatory?
No. Section 809.17(1) states that participation in the court’s accelerated briefing and decision process is voluntary, even though docketing statement completion and presubmission conference participation can be required.
Is appellate mediation in Wisconsin mandatory?
No. Participation in the appellate mediation program is voluntary, though the program may involve mandatory participation in presubmission conferences at the court’s direction.
Who pays for a mediator in the appellate mediation program?
The parties to the appeal pay the mediator’s fees, unless the court waives or defers them.
Which appeals are eligible for the appellate mediation program?
Only cases in which a docketing statement is required to be filed under section 809.10(1)(a) are eligible.
Amendment History
History: Sup. Ct. Order, 83 Wis. 2d xiii (1978); Sup. Ct. Order, 131 Wis. 2d xvi (1986); Sup. Ct. Order No. 00-02, 2001 WI 39, 242 Wis. 2d xxvii.
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 expedited appeals programappellate mediation wisconsin court of appealspresubmission conference wisconsin appeal809.17 wisconsin statutewisconsin court of appeals docketing statement conference