The appellant and respondent in an appeal under s. 752.31 (2) may waive oral argument, subject to approval of the court.
809.42.Rule (Waiver of oral argument).
Ch. 809: Rules of Appellate Procedure · Last amended 1979 · Last verified July 15, 2026
In one sentenceSection 809.42 lets the appellant and respondent in an appeal under Section 752.31(2) waive oral argument together, subject to the court’s approval.
Full Text of Section 809.42
Official Notes
Judicial Council Committee’s Note, 1979: This rule is amended to delete language authorizing an appellant and respondent to waive the filing of briefs in an appeal to the Court of Appeals. The Court of Appeals as a consistent policy does not allow the waiving of filing of briefs. The rule is brought into conformity with that policy. [Re Order effective Jan. 1, 1980]
Plain-English Summary
Some appeals eligible for single-judge assignment under Section 752.31(2) do not need a hearing to be decided well. Section 809.42 lets the appellant and respondent agree to skip oral argument in that kind of appeal, though the court still has to approve the waiver rather than accept it automatically.
The rule addresses only oral argument. It does not touch the briefing requirements that otherwise apply to the appeal, so a waiver under this section still leaves the parties to submit their briefs in the ordinary course. The court of appeals has taken the position that briefing cannot be skipped, even when the parties see no benefit to a hearing.
In practice, this section gives parties in single-judge appeals a way to move the case toward decision without scheduling a court date, when both sides agree the written record and briefs already say what needs to be said.
Frequently Asked Questions
Can the parties in a Wisconsin appeal skip oral argument?
Yes, if it is an appeal under Section 752.31(2) and both the appellant and the respondent agree to waive oral argument, subject to the court’s approval.
Do both sides have to agree to waive oral argument under Section 809.42?
Yes, the rule speaks to the appellant and respondent together waiving oral argument.
Does waiving oral argument under this section mean I do not have to file a brief?
No. Section 809.42 addresses only the waiver of oral argument; it does not exempt the parties from filing briefs.
Is the waiver of oral argument automatic once both parties agree?
No, the waiver is subject to approval of the court, so the parties’ agreement alone does not decide it.
What kind of appeal does Section 809.42 apply to?
An appeal under Section 752.31(2), the same category of case eligible for the single-judge and three-judge-panel provisions in Section 809.41.
Amendment History
History: Sup. Ct. Order, 83 Wis. 2d xiii (1978); Sup. Ct. Order, 92 Wis. 2d xiii (1979).
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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