(1) The clerk of the court of appeals shall transmit to the circuit court the judgment and decision or order of the court and the record in the case filed pursuant to s. 809.15 31 days after the filing of the decision or order of the court, or as soon thereafter as practicable. If a petition for review is filed pursuant to s. 809.62, the transmittal is stayed until the supreme court rules on the petition. If a motion for reconsideration is filed under s. 809.24, the transmittal is stayed until the court files an order denying the motion, or files an amended deci- sion or order, and the subsequent expiration of any period for filing a petition for review.
809.26.Rule (Remittitur).
Ch. 809: Rules of Appellate Procedure · Last amended 2002 · Last verified July 15, 2026
In one sentenceSection 809.26 tells the clerk when to send the case file and decision back to the circuit court, sets that at 31 days after the decision unless a petition for review or a reconsideration motion is pending, and lets the supreme court transmit directly once it decides a case it took on review.
Full Text of Section 809.26
(2) If the supreme court grants a petition for review of a decision of the court of appeals, the supreme court upon filing its decision shall transmit to the trial court the judgment and opinion of the supreme court and the complete record in the case unless the case is remanded to the court of appeals with specific instructions.
Official Notes
Judicial Council Committee’s Note, 1978: Former s. 817.35 is embodied in this section except that the time for issuance of the remittitur is reduced from 60 to 31 days. [Re Order effective July 1, 1978]
Judicial Council Committee’s Note, 1979: This section is amended by creating a sub. (2) that specifically authorizes the Supreme Court after filing its decision in the review of a decision from the Court of Appeals to remit directly to the trial court the complete record of the case without the necessity of returning the case to the Court of Appeals for remittitur to the trial court. The only exception to this new procedure will occur when the Supreme Court remands a case to the Court of Appeals with some specific instructions that the Court of Appeals is required to follow. [Re Order effective Jan. 1, 1980].
Judicial Council Note, 2002: Subsection (1) is amended to permit the clerk of courts some flexibility in the 31-day remittitur deadline to accommodate workload fluctuation. By Supreme Court Order 00-02, 2001 WI 39, “within” was added immediately preceding “31 days.” The Judicial Council had not intended to suggest changing the substance of existing time parameters for remittitur, when it petitioned for that amendment, but merely proposed the additional word for ease of reading. Since that amendment, it has been argued that the addition of “within” permits remittitur prior to the expiration of the 31-day period. However, the 31-day period coincides with the time limit for filing a petition for review. Absent stipulation among the parties that no petition for review will be filed, remittitur should not occur before the expiration of the petition for review deadline. [Re Order No. 02-01 effective January 1, 2003]
Plain-English Summary
An appeal does not end the moment the court of appeals files its decision. The case record still has to travel back to the circuit court before that court can act on the judgment. Section 809.26 fixes when that trip happens. The clerk of the court of appeals transmits the judgment, the decision or order, and the record 31 days after the decision is filed, or as soon after that as practicable. That 31-day window matches the deadline for filing a petition for review, so the record does not head back down while the supreme court might still take the case.
Two events pause the clock. If a party files a petition for review under Section 809.62, the transmittal waits until the supreme court rules on that petition. If a party files a motion for reconsideration under Section 809.24, the transmittal waits until the court of appeals denies the motion or issues an amended decision, and then waits further for any remaining period to file a petition for review to run out.
Section 809.26 also covers what happens after the supreme court steps in. If the supreme court grants a petition for review of a court of appeals decision, it does not have to route the record back through the court of appeals first. Once the supreme court files its own decision, it transmits the judgment, opinion, and complete record directly to the circuit court, unless it remands the case to the court of appeals with specific instructions to follow.
Frequently Asked Questions
How long after a Wisconsin court of appeals decision does the case go back to the circuit court?
Section 809.26 sets that transmittal at 31 days after the decision or order is filed, or as soon after that as practicable, unless a petition for review or a motion for reconsideration delays it.
Does filing a petition for review with the supreme court stop the case from going back to the circuit court?
Yes. Section 809.26 stays the transmittal until the supreme court rules on the petition.
What if I file a motion for reconsideration in the court of appeals?
The transmittal is stayed until the court of appeals files an order denying the motion, or files an amended decision or order, and then until any remaining time to file a petition for review has expired.
If the supreme court takes my case, does the record go through the court of appeals again before reaching the circuit court?
Not usually. Section 809.26 lets the supreme court transmit the judgment, opinion, and complete record directly to the circuit court after it files its own decision, unless it remands the case to the court of appeals with specific instructions.
What is remittitur under Wisconsin appellate procedure?
It is the transmittal of the judgment, decision or order, and record from the court of appeals or supreme court back to the circuit court, which Section 809.26 governs.
Amendment History
History: Sup. Ct. Order, 83 Wis. 2d xiii (1978); Sup. Ct. Order, 92 Wis. 2d xiii (1979); 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.
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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