809.40.Rule (Appeals in termination of parental rights, ch. 799, traffic regulation, municipal ordinance violation, and parental consent to abortion cases).

Ch. 809: Rules of Appellate Procedure · Last amended 2021 · Last verified July 15, 2026

In one sentenceSection 809.40 points appeals from orders denying a parental consent to abortion petition and from termination of parental rights orders to their own separate procedures, and directs appeals in small claims, traffic regulation, and municipal ordinance violation cases to follow the general appellate rules unless Sections 809.41 and 809.42 provide something different.

Full Text of Section 809.40

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(1m) An appeal from an order denying a petition under s. 48.375 (7) is governed by the procedures specified in s. 809.105, and an appeal from an order or judgment under s. 48.43 is governed by the procedures specified in s. 809.107. (2) An appeal to the court of appeals from a judgment or order in a ch. 799, traffic regulation or municipal ordinance violation case must be initiated within the time period specified in s. 808.04, and is governed by the procedures specified in ss. 809.01 to 809.26 and 809.50 to 809.85, unless a different procedure is expressly provided in ss. 809.41 to 809.42. (3) Any civil appeal to the court of appeals under sub. (2) is subject to the docketing statement requirement of s. 809.10 (1) (d) and may be eligible for the expedited appeals program in the discretion of the court.

Official Notes

Judicial Council Committee’s Note, 1978: Rule 809.40 establishes the time periods for appealing in a misdemeanor case or Chapter 48, 51 or 55 case or seeking postconviction relief in a misdemeanor case pursuant to s. 974.02 (1). It also makes the procedures set forth in Rules 809.30 to 809.32 apply to these types of cases. Rules 809.41 to 809.43 establish special procedures for appeals that may be heard by one appellate judge. The appeal time periods in Chapter 299, traffic regulation and municipal ordinance violation cases, are found in s. 808.04. [Re Order effective July 1, 1978]

Judicial Council Committee’s Note, 1979: Sub. (2) is repealed and recreated to place into it for purposes of clarity the appropriate reference in Chapter 808 containing the appeal time periods for Chapter 799, traffic regulations, and municipal ordinance violations cases. No substantive change is intended. [Re Order effective Jan. 1, 1980]

Judicial Council Note, 2002: Sub. (1) is repealed to eliminate confusing crossreferences to appeal procedures under Subchapter III. Appeals under former sub. (1) were and are governed by the procedures in ss. 809.30 to 809.32. [Re Order No. 02-01 effective January 1, 2003.]

Plain-English Summary

Section 809.40 works mostly as a signpost. An appeal from an order denying a petition under Section 48.375(7) -- a parental consent to abortion case -- does not follow this rule; it is governed by Section 809.105. Likewise, an appeal from an order or judgment under Section 48.43, terminating parental rights, is governed by Section 809.107. Both of those categories have their own dedicated, and often faster, appellate procedures.

For appeals the rule does cover -- from a judgment or order in a Chapter 799 (small claims) case, a traffic regulation case, or a municipal ordinance violation case -- Section 809.40 sets the initiating deadline by cross-reference to Section 808.04 and then applies the same procedures that govern ordinary civil appeals, found in Sections 809.01 to 809.26 and 809.50 to 809.85, unless Section 809.41 or 809.42 sets out a different procedure for that appeal.

Section 809.40(3) adds one more piece: a civil appeal covered by this section is subject to the docketing statement requirement of Section 809.10(1)(d) and may be eligible, at the court’s discretion, for the expedited appeals program.

Frequently Asked Questions

Where do I find the rules for appealing a Wisconsin termination of parental rights order?

Section 809.40(1m) points that kind of appeal to Section 809.107, which governs it instead of this section.

What about appealing an order denying a parental consent to abortion petition?

Section 809.40(1m) directs that appeal to Section 809.105.

What procedure governs an appeal from a small claims, traffic, or municipal ordinance violation case?

Section 809.40(2) applies the general procedures in Sections 809.01 to 809.26 and 809.50 to 809.85, initiated within the time set by Section 808.04, unless Section 809.41 or 809.42 provides a different procedure.

Is a docketing statement required for these appeals?

Yes. Section 809.40(3) makes these civil appeals subject to the docketing statement requirement of Section 809.10(1)(d).

Can these appeals be handled through the expedited appeals program?

Section 809.40(3) allows eligibility for the expedited appeals program, at the court’s discretion.

Amendment History

History: Sup. Ct. Order, 83 Wis. 2d xiii (1978); 1979 c. 32 s. 92 (16); Sup. Ct. Order, 92 Wis. 2d xiii (1979); 1979 c. 175 s. 53; 1979 c. 355; 1981 c. 390 s. 252; Sup. Ct. Order, 130 Wis. 2d xi, xix (1986); Sup. Ct. Order, 131 Wis. 2d xv (1986); Sup. Ct. Order, 136 Wis. 2d xxv (1987); 1991 a. 263; 1993 a. 395; 1995 a. 77; 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. 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 appeal small claims chapter 799traffic ticket appeal wisconsinmunicipal ordinance violation appeal wisconsin809.40 ruletermination of parental rights appeal cross reference