(1) (a) A party may file with the supreme court a petition to bypass the court of appeals pursuant to s. 808.05 no later than 14 days following the filing of the respondent’s brief under s. 809.19 or response. The petition must include a statement of reasons for bypassing the court of appeals. (b) The clerk shall docket the petition to bypass in the supreme court and notify the parties that the petition has been filed. For electronic filing users in the court of appeals proceeding, the notice of activity constitutes service of the petition and provides notification that the proceeding is pending before the supreme court. The clerk shall serve the notice of docketing on paper parties by traditional methods. The petitioner shall serve the petition for bypass on paper parties by traditional methods.
809.60.Rule (Petition to bypass).
Ch. 809: Rules of Appellate Procedure · Last amended 2021 · Last verified July 15, 2026
In one sentenceSection 809.60 lets a party ask the supreme court to bypass the court of appeals and take a pending case directly, by filing a petition no later than 14 days after the respondent’s brief or response is filed, and it stays the court of appeals proceeding while the petition is decided.
Full Text of Section 809.60
(2) An opposing party may file a response to the petition within 14 days after the service of the petition.
(3) The filing of the petition stays the court of appeals from taking under submission the appeal or other proceeding.
(4) The supreme court may grant the petition upon such conditions as it considers appropriate.
(5) Upon the denial of the petition by the supreme court the appeal or other proceeding in the court of appeals continues as though the petition had never been filed.
Official Notes
Judicial Council Committee’s Note, 1981: The amendment to sub. (1) establishes time periods for filing a bypass petition to discourage use of the petition for dilatory purposes. [Re Order effective Jan. 1, 1982]
Judicial Council Note, 2001: The time limits in subs. (1) and (2) have been changed from 10 to 14 days. Please see the comment to s. 808.07. [Re Order No. 0002 effective July 1, 2001]
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: Sub. (1) provides that when a petition to bypass is filed, electronic filing users will be served through the electronic filing system.
Plain-English Summary
Some cases are better decided by the supreme court from the start, without waiting for the court of appeals to rule first. Section 809.60 lets a party file a petition to bypass the court of appeals under Section 808.05, but only within a set window -- no later than 14 days after the respondent’s brief or response has been filed. The petition itself must include a statement of the reasons for bypassing the court of appeals, and once it is filed, the clerk dockets it in the supreme court and notifies the parties.
An opposing party has 14 days after service of the petition to file a response. Filing the petition automatically stays the court of appeals from taking the underlying appeal or other proceeding under submission, so the case does not move toward decision in two courts at once.
The supreme court may grant the petition on whatever conditions it considers appropriate. If the petition is denied, the appeal or other proceeding continues in the court of appeals exactly as though the petition to bypass had never been filed.
Frequently Asked Questions
When must a petition to bypass the Wisconsin court of appeals be filed?
Section 809.60(1)(a) requires the petition to be filed no later than 14 days following the filing of the respondent’s brief under Section 809.19 or the respondent’s response.
What does a petition to bypass the court of appeals have to say?
It must include a statement of reasons for bypassing the court of appeals.
Does filing a petition to bypass pause the case in the court of appeals?
Yes. Section 809.60(3) stays the court of appeals from taking the appeal or other proceeding under submission while the petition is pending.
What happens if the supreme court denies my petition to bypass?
Section 809.60(5) provides that the appeal or other proceeding in the court of appeals continues as though the petition had never been filed.
Can the supreme court attach conditions to granting a petition to bypass?
Yes, Section 809.60(4) lets the supreme court grant the petition upon such conditions as it considers appropriate.
Amendment History
History: Sup. Ct. Order, 83 Wis. 2d xiii (1978); Sup. Ct. Order, 104 Wis. 2d xi (1981); Sup. Ct. Order No. 00-02, 2001 WI 39, 242 Wis. 2d xxvii; 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
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