(1) A defendant convicted of a misdemeanor or felony who is seeking relief from a conviction and sentence of imprisonment or to the intensive sanctions program and who seeks release on bond pending a determination of a motion or appeal shall file in the trial court a motion seeking release.
809.31.Rule (Release on bond pending seeking postconviction relief).
Ch. 809: Rules of Appellate Procedure · Last amended 2019 · Last verified July 15, 2026
In one sentenceSection 809.31 lets a person convicted of a misdemeanor or felony ask the trial court for release on bond while a postconviction motion or appeal is pending, sets the four findings the court must make to grant release, and lays out how either side can get the circuit court’s release decision reviewed in the court of appeals.
Full Text of Section 809.31
(2) The trial court shall promptly hold a hearing on the motion of the defendant, determine the motion by order and state the grounds for the order.
(3) Release may be granted if the court finds that:
(a) There is no substantial risk the appellant will not appear to answer the judgment following the conclusion of postconviction proceedings;
(b) The defendant is not likely to commit a serious crime, intimidate witnesses, or otherwise interfere with the administration of justice;
(c) The defendant will promptly prosecute postconviction proceedings; and
(d) The postconviction proceedings are not taken for purposes of delay.
(4) In making the determination on the motion, the court shall take into consideration the nature of the crime, the length of sentence and other factors relevant to pretrial release.
(5) The defendant or the state may seek review of the order of the circuit court by filing a motion in the court of appeals under s. 809.14. The party seeking review must attach to its motion a copy of the judgment of conviction or other final judgment or order, the circuit court order regarding release pending appeal, the circuit court statement of reasons for the decision regarding release pending appeal, and the transcript of any release proceedings in the circuit court or a statement explaining why no transcript is available. The party filing the motion shall request a transcript of the court reporter’s verbatim record for any proceeding in the circuit court regarding release pending appeal for all parties to the appeal and make arrangements to pay for the transcript within 7 days after the entry of the circuit court order regarding release pending appeal. Within 7 days after the date on which the transcript was requested and arrangements were made for payment, the reporter shall serve copies of the transcript on the parties to the appeal, file the transcript with the circuit court, and notify the clerk of the court of appeals and the parties to the appeal that the transcript has been filed and served. The motion shall be filed within 21 days after the entry of the circuit court order. The opposing party may file a response within 14 days after the filing of the motion.
(6) The court ordering release shall require the defendant to post a bond in accordance with s. 969.09 and may impose other terms and conditions. The defendant shall file the bond in the trial court.
Official Notes
Judicial Council Committee’s Note, 1978: Section 969.09 provides for release on bond pending appeal and the conditions of the bond. Section 969.01 (2) provides for bond in felony cases after conviction in the discretion of the trial court or by the Supreme Court or a justice thereof or the Court of Appeals or a judge thereof. Neither the statutes nor case law, however, establishes the standards for release or indicates whether the Supreme Court or Court of Appeals is reviewing the action of the trial court or acting de novo. This Rule is intended to meet these deficiencies. The standards for release are those included in the American Bar Association Criminal Justice Standards, Criminal Appeals, s. 2.5. [Re Order effective July 1, 1978]
Judicial Council Note, 2001: Former rules required a party seeking review of a release decision to file a petition for discretionary review, and pay a separate filing fee, generating a separate appeal. The new motion procedure under sub. (5) provides a more efficient mechanism for appellants seeking release pending appeal. No change in the substantive standards governing release decisions is intended. See State v. Whitty, 86 Wis. 2d 380, 272 N.W.2d 843 (1978); State v. Salmon, 163 Wis. 2d 369, 471 N.W.2d 286 (Ct. App. 1991). [Re Order No. 00-02 effective July 1, 2001]
Judicial Council Note, 2002: Subsection (5) is amended to establish time limits within which a party must request a transcript of the reporter’s notes of any circuit court proceeding concerning release pending postconviction relief or appeal, and within which the reporter must file and serve the transcript, and to require the party seeking relief from the circuit court order to request, and make arrangements to pay for, a copy of the transcript for all parties. The amendment also enlarges the time within which a party must file a motion in the court of appeals to allow time to review the transcript before deciding to file a motion. [Re Order No. 02-01 effective January 1, 2003]
Plain-English Summary
A conviction does not automatically mean confinement while the case winds through postconviction proceedings. Section 809.31 gives a defendant seeking relief from a conviction and a sentence of imprisonment, or from placement in the intensive sanctions program, a path to ask for release pending that process. The request starts with a motion in the trial court, which must promptly hold a hearing, decide the motion by order, and state its reasons.
The rule sets four findings the court must make before it can grant release: that there is no substantial risk the person will fail to appear once postconviction proceedings end, that the person is not likely to commit a serious crime, intimidate witnesses, or otherwise interfere with the administration of justice, that the person will promptly pursue the postconviction proceedings, and that those proceedings are not being pursued merely to delay. The court also weighs the nature of the crime, the length of the sentence, and other factors relevant to pretrial release.
Either the defendant or the state can seek review of the circuit court’s release decision by filing a motion in the court of appeals under Section 809.14. That motion must attach the judgment of conviction, the circuit court’s release order and its stated reasons, and the transcript of any release proceeding (or an explanation for why no transcript exists). The moving party has to request and arrange payment for the transcript within 7 days of the circuit court’s order, and the reporter then has 7 days to serve, file, and notify the court of appeals that the transcript is ready. The review motion itself is due within 21 days of the circuit court’s order, with 14 days for the opposing party to respond.
If release is granted, the court requires the defendant to post a bond that meets Section 969.09 and may add other terms and conditions. That bond is filed in the trial court, not the court of appeals.
Frequently Asked Questions
Who can seek release pending appeal under Section 809.31?
A defendant convicted of a misdemeanor or felony who is seeking relief from a conviction and a sentence of imprisonment or intensive sanctions program placement, and who wants release on bond while that motion or appeal is pending.
What must the trial court find before granting release pending postconviction proceedings?
Section 809.31(3) requires findings that there is no substantial risk of failing to appear, that the defendant is not likely to commit a serious crime or interfere with the administration of justice, that the defendant will promptly prosecute the postconviction proceedings, and that those proceedings are not taken for purposes of delay.
How do I get the circuit court’s release decision reviewed by the court of appeals?
File a motion in the court of appeals under Section 809.14 within 21 days after the circuit court’s order, attaching the judgment, the release order and its stated reasons, and the transcript of the release proceedings or an explanation why none is available.
How fast must the transcript be prepared for a release-pending-appeal motion?
The party seeking review must request the transcript and arrange payment within 7 days after the circuit court’s order regarding release. The court reporter then has 7 days to serve copies on the parties, file the transcript with the circuit court, and notify the court of appeals.
What conditions can a court impose when it grants release pending postconviction proceedings?
Section 809.31(6) requires the court to have the defendant post a bond that meets Section 969.09 and allows the court to impose other terms and conditions as well.
Amendment History
History: Sup. Ct. Order, 83 Wis. 2d xiii (1978); 1981 c. 390 s. 252; 1991 a. 39; 1997 a. 232; 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; Sup. Ct. Order No. 19-01, 2019 WI 44, 386 Wis. 2d xvii.
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 bail pending appealrelease pending postconviction relief809.31 bond appealappeal circuit court release order wisconsincriminal defendant bond pending appeal wisconsin