809.50.Rule (Appeal from judgment or order not appealable as of right).
Ch. 809: Rules of Appellate Procedure · Last amended 2021 · Last verified July 15, 2026
In one sentenceSection 809.50 sets the procedure for asking the court of appeals for permission to appeal a judgment or order that is not appealable as of right, including the 14-day filing deadline, what the petition must show, the opposing party’s response, and what happens once the court grants leave.
(1)A person shall seek leave of the court to appeal a judgment or order not appealable as of right under s. 808.03 (1) by filing with the court of appeals within 14 days after the entry of the judgment or order a petition and supporting memorandum, if any. The petition and memorandum combined may not exceed 35 pages if a monospaced font or handwriting is used, or 8,000 words if a proportional serif font is used. The petition shall contain:
(a)A statement of the issues presented by the controversy;
(b)A statement of the facts necessary to an understanding of the issues;
(c)A statement showing that review of the judgment or order immediately rather than on an appeal from the final judgment in the case or proceeding will materially advance the termination of the litigation or clarify further proceedings therein, protect a party from substantial or irreparable injury, or clarify an issue of general importance in the administration of justice; and
(d)A copy of the judgment or order sought to be reviewed. (1m) The clerk of the court of appeals shall docket the petition upon receipt of the items referred to under sub. (1). The clerk shall assign a case number, create a notice that the petition has been docketed, and transmit the notice and petition to the clerk of the circuit court. For electronic filing users in the circuit court case, receipt of the notice of docketing and the petition through the circuit court electronic filing system provides access to the appellate proceeding and constitutes service of the petition. Where service on the attorney general is required by s. 809.802 (1), service shall be made as provided in s. 809.802 (2). The clerk shall serve the notice of docketing on paper parties by traditional methods. The petitioner shall serve the petition on paper parties by traditional methods.
(2)An opposing party in circuit court shall file a response with supporting memorandum, if any, within 14 days after the service of the petition. The response and memorandum combined may not exceed 35 pages if a monospaced font or handwriting is used, or 8,000 words if a proportional serif font is used.
Costs and fees may be awarded against any party in a petition for leave to appeal proceeding.
(3)If the court grants leave to appeal, the procedures for appeals from final judgments are applicable to further proceedings in the appeal. The entry of the order granting leave to appeal has the effect of the filing of a notice of appeal. The court may specify the issue or issues that it will review in the appeal. If the court grants leave to appeal, the petitioner shall file a docketing statement in the court of appeals if required by s. 809.10 (1) (d), identifying the issues to be reviewed in the appeal. The docketing statement shall be filed within 11 days after the date of the order granting the petition for leave to appeal.
(4)A person filing a petition or response under this section shall file with the petition or response a certification setting forth the word count or page count of the document as provided in sub.
(1)or (2).
Official Notes
Judicial Council Committee’s Note, 1978: Section 808.03 (1) makes only final judgments and final orders appealable as of right. All other judgments and orders are appealable only in the discretion of the court. This section provides the procedure for asking the court to permit the appeal of a nonfinal order. The issue of whether the court should hear the appeal is presented to the court by petition with both parties given the opportunity of submitting memoranda on the question. The standards on which nonfinal judgments or orders should be reviewed immediately are set forth in s. 808.03 (2) and are taken from the American Bar Association’s Standards of Judicial Administration, Standards Relating to Appellate Courts, s. 3.12 (b). [Re Order effective July 1, 1978]
Judicial Council Committee’s Note, 1979: Sub. (1) (c) is amended to conform with 808.03 (2) (b), which sets out the standards created by the Wisconsin Legislature for appeals to the Court of Appeals by permission. A drafting error in the original preparation of chapter 809 replaced the word “or” found in 808.03 (2) (b) with the word “and”, which results in a party having to show in a petition to the Court of Appeals for the court to assume discretionary jurisdiction that granting such a petition will protect a party from both substantial “and” irreparable injury rather than meeting just one of the 2 criteria, as was the intention of the Wisconsin Legislature. [Re Order effective Jan. 1, 1980]
Judicial Council Note, 2001: The time limits in subs. (1) and (2) were changed from 10 to 14 days. Please see the comment to s. 808.07. Subsection (3) specifies that the court may grant discretionary review on specified issues. This rule codifies Fedders v. American Family Mut. Ins. Co., 230 Wis. 2d 577, 601 N.W.2d 861 (Ct. App. 1999), 99-1526, which held a grant of leave to appeal from a nonfinal order or judgment does not authorize cross-appeals as of right from the same or from another nonfinal order or judgment; cross-appeals require a separate petition for leave to appeal. [Re Order No. 00-02 effective July 1, 2001]
Judicial Council Note, 2002: Subsection (3) is amended to clarify the docketing statement requirements following the grant of a petition for leave to appeal a non-final order. [Re Order No. 02-01 effective January 1, 2003]
NOTE: Sup. Ct. Order No. 20-07 states that “the Comments to the statutes created pursuant to this order are not adopted, but will be published and may be consulted for guidance in interpreting and applying the rule.”
Comment, 2021: A petition for leave to appeal may be filed in the court of appeals and served through the circuit court case in the same manner as a pre-appeal motion under s. 809.14 (5). Where the state needs to be added as a party, the attorney general is served through the appellate electronic filing system.
Plain-English Summary
Most nonfinal judgments and orders are not automatically appealable in Wisconsin; a party has to ask for permission first. Section 809.50 requires that request to be filed with the court of appeals within 14 days after entry of the judgment or order, combined with any supporting memorandum within a shared length limit. The petition itself must contain a statement of the issues, a statement of the facts necessary to understand them, a statement showing why immediate review is warranted -- because it will materially advance the litigation’s termination or clarify further proceedings, protect a party from substantial or irreparable injury, or clarify an issue of general importance -- and a copy of the judgment or order at issue.
Once the clerk dockets the petition, an opposing party in circuit court has 14 days after service to file a response with its own supporting memorandum, again within the same combined length limit. Costs and fees may be awarded against any party in this kind of proceeding.
If the court grants leave to appeal, the case shifts onto the ordinary track for appeals from final judgments. The order granting leave itself functions as the notice of appeal, the court may limit the appeal to specific issues, and the petitioner must file a docketing statement identifying the issues to be reviewed within 11 days of the order granting the petition, if Section 809.10(1)(d) requires one. Anyone filing a petition or response under this section must also certify the document’s word or page count.
Frequently Asked Questions
How long do I have to petition for leave to appeal a nonfinal Wisconsin order?
Section 809.50(1) requires the petition to be filed with the court of appeals within 14 days after entry of the judgment or order.
What must the petition show to persuade the court to hear a nonfinal appeal?
It must show that immediate review, rather than review after final judgment, will materially advance the termination of the litigation or clarify further proceedings, protect a party from substantial or irreparable injury, or clarify an issue of general importance in the administration of justice.
How long does the opposing party have to respond to a petition for leave to appeal?
Section 809.50(2) gives an opposing party 14 days after service of the petition to file a response with a supporting memorandum, if any.
What happens once the court of appeals grants my petition for leave to appeal?
Under Section 809.50(3), the procedures for appeals from final judgments apply, the order granting leave has the effect of a filed notice of appeal, and the court may specify which issues it will review.
Is there a length limit on a petition for leave to appeal?
Yes. Section 809.50(1) limits the petition and any supporting memorandum, combined, to 35 pages if a monospaced font or handwriting is used, or 8,000 words if a proportional serif font is used.
Amendment History
History: Sup. Ct. Order, 83 Wis. 2d xiii (1978); Sup. Ct. Order, 92 Wis. 2d xiii (1979); Sup. Ct. Order, 151 Wis. 2d xvii (1989); Sup. Ct. Order, 164 Wis. 2d xxix (1991); Sup. Ct. Order, 171 Wis. 2d xxxv (1992); Sup. Ct. Order No. 93-20, 179 Wis. 2d xxv; 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 interlocutory appealpetition for leave to appeal wisconsin809.50 nonfinal order appealappealing a non-final judgment wisconsin