The court may take cases under submission in such order and upon such notice as it determines. A party may file a motion to advance the submission of a case either before or after the briefs have been filed. The motion should recite the nature of the public or private interest involved, the issues in the case and how delay in submission will be prejudicial to the accomplishment of justice.
809.20.Rule (Assignment and advancement of cases).
Ch. 809: Rules of Appellate Procedure · Last amended 1978 · Last verified July 15, 2026
In one sentenceSection 809.20 leaves the order and timing of submitting cases to the court’s own determination and lets a party move to advance a case’s submission, before or after briefing, by showing the public or private interest at stake and how delay would prejudice justice.
Full Text of Section 809.20
Official Notes
Judicial Council Committee’s Note, 1978: This rule incorporates the present unwritten procedure for having the submission of a case advanced. It also specifies the factors that may affect the advancement of a case. [Re Order effective July 1, 1978]
Plain-English Summary
Section 809.20 gives the court broad control over its own docket. It may take cases under submission in whatever order, and on whatever notice, it decides is appropriate, without the statute dictating a particular sequence.
A party who wants a case moved up the line can file a motion to advance its submission, and that motion can come either before or after briefing is complete. The motion has to do real work to justify jumping the queue: it must describe the nature of the public or private interest at stake, lay out the issues in the case, and explain how delay in submission would be prejudicial to the accomplishment of justice.
Frequently Asked Questions
Can I ask the court of appeals to hear my case sooner than its normal order?
Yes. A party may file a motion to advance the submission of a case, either before or after the briefs have been filed.
What has to be in a motion to advance a case’s submission?
It should recite the nature of the public or private interest involved, the issues in the case, and how delay in submission will be prejudicial to the accomplishment of justice.
Can I file a motion to advance after briefing is already done?
Yes. Section 809.20 allows the motion to be filed either before or after the briefs have been filed.
Does the statute set a specific order for how the court submits cases?
No. The court may take cases under submission in the order and upon the notice it determines.
What kind of interest justifies advancing a case?
The motion should recite the nature of a public or private interest involved and how delay would be prejudicial to the accomplishment of justice.
Amendment History
History: Sup. Ct. Order, 83 Wis. 2d xiii (1978).
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 to advance appealexpedite court of appeals case wisconsin809.20 wisconsin statutecase submission order wisconsin appealprejudicial delay appeal wisconsin