(1) Except as provided in sub. (4), a party may file a motion for reconsideration in the court of appeals within 20 days after the date of a decision issued pursuant to s. 752.41 (1). The motion must state with particularity the points of law or fact alleged to be erroneously decided in the decision and must include supporting argument. No separate memorandum in support of the motion is permitted unless subsequently ordered by the court. The court may order a response before issuing an amended decision. No response to the motion is permitted unless ordered by the court. The motion and any response shall not exceed 5 pages if a monospaced font or handwriting is used, or 1,100 words if a proportional serif font is used.
809.24.Rule (Reconsideration).
Ch. 809: Rules of Appellate Procedure · Last amended 2021 · Last verified July 15, 2026
In one sentenceSection 809.24 gives a party 20 days after a court of appeals decision to file a motion for reconsideration explaining the specific points of law or fact it believes were decided wrongly, lets the court reconsider on its own before remittitur, and bars reconsideration entirely in the accelerated 809.105 and 809.107 appeals.
Full Text of Section 809.24
(2) In response to a motion for reconsideration, the court shall issue an amended decision or the court shall issue an order denying the motion.
Official Notes
Judicial Council Committee’s Note, 1981: Rule 809.24 is amended to refer properly to the petition for supreme court review of decisions of the court of appeals. The rule has been redrafted stylistically. No substantive change is intended. [Re Order effective Jan. 1, 1982]
Judicial Council Note, 2001: Section 809.24 is amended to conform with the court of appeals’ internal operating procedures, and to provide an orderly procedure for reconsideration. Reconsideration is intended for those rare cases in which the court of appeals overlooks or misapprehends relevant and material facts or law, not for cases in which a party simply disagrees with the court of appeals. Presentation of new facts or alternate legal arguments is not appropriate on reconsideration. Reconsideration is not permitted in s. 809.105 proceedings related to parental consent prior to performance of abortion due to the abbreviated appellate time periods provided in s. 809.105. Service requirements of s. 801.14 (4) apply. The time for filing a motion for reconsideration cannot be extended. See s. 809.82 (2) (e). [Re Order No. 00-02 effective July 1, 2001]
Judicial Council Note, 2002: The reference to an “order” of the court of appeals is deleted. Prior to 2001 WI 39, s. 809.24 applied to a “decision” of the court. To clarify that a summary disposition order was subject to reconsideration under s. 809.24, a reference to “order” was added by 2001 WI 39. That amendment created confusion as to whether procedural orders issued by the court during the pendency of an appeal could be reconsidered under s. 809.24. However, reconsideration of procedural orders is available under s. 809.14. To eliminate the confusion created by 2001 WI 39, a reference to s. 752.41 (1) was added and “order” was deleted. See In Interest of A.R., 85 Wis. 2d 444, 446, 270 N.W.2d 581 (1978) (“decision” as used in s. 752.41 (1) is the final decision disposing of the appeal). The amendment also eliminates the requirement that the court of appeals order a response to a motion for reconsideration prior to amending a decision. Often a motion for reconsideration will bring the court’s attention to a minor factual misstatement that may be corrected without the benefit of a response. The court of appeals retains the option to order that a response be filed, if it determines that a response will assist the court. [Re Order No. 02-01 effective January 1, 2003.]
Plain-English Summary
Section 809.24 governs asking the court of appeals to reconsider its own decision. Except in the two categories excluded by subsection (4), a party has 20 days after the decision to file a motion for reconsideration, and that motion has to state with particularity the specific points of law or fact the party believes were decided incorrectly, backed by supporting argument. No separate memorandum is allowed unless the court orders one, and the motion and any response are capped at 5 pages or 1,100 words. A response is not permitted unless the court orders it, though the court can require one before deciding whether to amend its decision.
Once the motion is before it, the court either issues an amended decision or an order denying the motion, there is no third option. Separately, the court can reconsider a decision entirely on its own, at any point before remittitur, as long as no petition for review has been filed, or, if one has, within 30 days after it was filed.
Reconsideration is not available at all for decisions issued under sections 809.105 or 809.107, the sensitive, sharply accelerated appeals covering judicial bypass and termination of parental rights. Those timelines leave no room for an additional round of review before the decision becomes final.
Frequently Asked Questions
How long do I have to move for reconsideration of a court of appeals decision?
Except as provided in subsection (4), a party may file a motion for reconsideration within 20 days after the date of the decision.
What does a motion for reconsideration have to say?
It must state with particularity the points of law or fact alleged to be erroneously decided in the decision, and it must include supporting argument.
Is there a page limit on a motion for reconsideration?
Yes. The motion and any response cannot exceed 5 pages if a monospaced font or handwriting is used, or 1,100 words if a proportional serif font is used.
Can the court of appeals reconsider its own decision without anyone asking?
Yes. Section 809.24(3) lets the court reconsider a decision on its own motion at any time prior to remittitur if no petition for review is filed, or, if one is filed, within 30 days after filing.
Can I move for reconsideration in a termination of parental rights or judicial bypass appeal?
No. Section 809.24(4) states that no motion for reconsideration of a decision issued under section 809.105 or 809.107 is permitted.
Amendment History
History: Sup. Ct. Order, 83 Wis. 2d xiii (1978); Sup. Ct. Order, 104 Wis. 2d xi (1981); 1981 c. 390 s. 252; Sup. Ct. Order No. 00-02, 2001 WI 39, 242 Wis. 2d xxvii; Sup. Ct. Order No. 02-01, 2002 WI 120, 255 Wis. 2d xiii; 2009 a. 25; 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
Also known as: wisconsin motion for reconsideration court of appeals20 day reconsideration deadline wisconsin809.24 wisconsin statutereconsideration excluded TPR appeal wisconsinamended decision wisconsin court of appeals