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809.21.Rule (Summary disposition).

Ch. 809: Rules of Appellate Procedure · Last amended 1981 · Last verified July 15, 2026

In one sentenceSection 809.21 lets the court of appeals dispose of an appeal summarily, either on its own initiative or on a party’s motion filed at any time, with the motion procedure governed by section 809.14.

Full Text of Section 809.21

Text sizeJump to: (1) (2)

(1) The court upon its own motion or upon the motion of a party may dispose of an appeal summarily.
(2) A party may file at any time a motion for summary disposition of an appeal. Section 809.14 governs the procedure on the motion.

Official Notes

Judicial Council Committee’s Note, 1978: The basic concept in former Rule 251.54 of allowing the Supreme Court to dispose of appeals summarily is continued, but Rule 809.21 specifically authorizes a motion for this purpose. Such a motion was often used under prior procedure, but the rules did not expressly authorize it. [Re Order effective July 1, 1978]

Plain-English Summary

Section 809.21 gives the court of appeals a shortcut past the standard briefing and decision process. The court may dispose of an appeal summarily on its own motion, without waiting for a party to ask.

A party can also ask for that outcome directly, by filing a motion for summary disposition at any point in the appeal, not just at a particular stage. That motion follows the general motion procedure set out in section 809.14, including its requirements for stating the relief sought and the grounds for it, and the response deadlines that section establishes.

Frequently Asked Questions

Can the court of appeals decide my case without full briefing?

Yes. Section 809.21(1) lets the court, on its own motion or on the motion of a party, dispose of an appeal summarily.

Can I ask the court to dispose of my appeal summarily?

Yes. A party may file a motion for summary disposition of an appeal.

Is there a deadline for filing a motion for summary disposition?

No. Section 809.21(2) allows the motion to be filed at any time.

What procedure governs a motion for summary disposition?

Section 809.14 governs the procedure on the motion.

Does the court need a party’s request before disposing of an appeal summarily?

No. Section 809.21(1) allows the court to act upon its own motion.

Amendment History

History: Sup. Ct. Order, 83 Wis. 2d xiii (1978); 1981 c. 390 s. 252.

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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