(1) An appellant may dismiss a filed appeal by filing a notice of dismissal in the court or, if the appeal is not yet filed, in the circuit court. The dismissal of an appeal by the appellant or by agreement of the parties or their counsel does not affect the status of a lower court decision, the status of a cross-appeal, or the right of a respondent to file a cross-appeal.
809.18.Rule (Voluntary dismissal).
Ch. 809: Rules of Appellate Procedure · Last amended 2008 · Last verified July 15, 2026
In one sentenceSection 809.18 lets an appellant dismiss a filed appeal by filing a notice of dismissal, without that dismissal disturbing the lower court decision, any pending cross-appeal, or a respondent’s own right to cross-appeal, and it requires the parties to notify the court in writing when they settle the case before a decision comes down.
Full Text of Section 809.18
(2) If the parties compromise or otherwise settle the entire matter in litigation prior to the issuance of the decision of the court of appeals, the appellant shall immediately inform the court in writing, signed by all parties, that the matter has been compromised or settled. Upon receipt of such information, the court shall dismiss the appeal in accordance with sub. (1).
Official Notes
Judicial Council Committee’s Note, 1978: An appeal may be dismissed by the appellant at any time prior to a court decision on the appeal without approval of the court or the respondent. This changes the former procedure and modifies Rule 42, FRAP. The Rule specifically protects a respondent who has or intends to file a cross-appeal, and for this reason the appellant is authorized to dismiss the appeal at will. The filing of a notice of dismissal does not affect the liability of the appellant for costs or fees, or the power of the court to impose penalties under Rule 809.83 (1). [Re Order effective July 1, 1978]
Plain-English Summary
Section 809.18 gives an appellant an easy way to walk away from an appeal already underway. The appellant files a notice of dismissal, in the court of appeals if the appeal has been filed, or in the circuit court if it has not, and that is enough to end the appeal. Dismissing it this way does not touch anything else in the case: the lower court’s decision stays as it was, any cross-appeal already filed keeps its status, and a respondent’s right to file its own cross-appeal is not affected by the appellant’s decision to drop out.
The section also covers what happens when the parties resolve the case entirely before the court of appeals issues its decision. In that situation, the appellant has to promptly tell the court in writing, in a document signed by every party, that the matter has been compromised or settled. Once the court gets that notice, it dismisses the appeal the same way it would dismiss any other voluntarily dismissed appeal.
Frequently Asked Questions
Can I dismiss my own appeal in Wisconsin without the other side’s agreement?
Yes. Section 809.18(1) lets an appellant dismiss a filed appeal by filing a notice of dismissal in the court, or in the circuit court if the appeal has not yet been filed.
If I dismiss my appeal, does that affect the other party’s cross-appeal?
No. Dismissal of an appeal by the appellant, or by agreement of the parties or their counsel, does not affect the status of a cross-appeal or a respondent’s right to file one.
What do I have to do if my case settles while the appeal is pending?
The appellant must promptly inform the court in writing, signed by all parties, that the matter has been compromised or settled, and the court then dismisses the appeal.
Where do I file a notice of dismissal if the appeal has not been docketed in the court of appeals yet?
You file it in the circuit court, if the appeal is not yet filed in the court of appeals.
Does dismissing my appeal affect the trial court’s judgment?
No. Section 809.18(1) states that dismissal does not affect the status of a lower court decision.
Amendment History
History: Sup. Ct. Order, 83 Wis. 2d xiii (1978); 1995 a. 224; Sup. Ct. Order No. 01-15, 2003 WI 94, 261 Wis. 2d xxxvii; Sup. Ct. Order No. 07-15, 2008 WI 27, filed 4-2-08, eff. 7-1-08.
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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