The supreme court may take jurisdiction of an appeal or other proceeding in the court of appeals upon certification by the court of appeals or upon the supreme court’s own motion. The supreme court may refuse to take jurisdiction of an appeal or other proceeding certified to it by the court of appeals.
809.61.Rule (Bypass by certification of court of appeals or upon motion of supreme court).
Ch. 809: Rules of Appellate Procedure · Last amended 1978 · Last verified July 15, 2026
In one sentenceSection 809.61 lets the Wisconsin Supreme Court take jurisdiction of a case pending in the court of appeals either because the court of appeals certifies it or on the supreme court’s own motion, though the supreme court can still refuse a case the court of appeals certifies to it.
Full Text of Section 809.61
Plain-English Summary
Section 809.61 describes two routes into the supreme court that do not depend on a party filing a petition to bypass. The court of appeals can certify an appeal or other proceeding to the supreme court, typically flagging a case it thinks the supreme court should decide directly. Separately, the supreme court can take jurisdiction of a court of appeals case entirely on its own motion, without any request from a party or from the court of appeals.
Even when the court of appeals certifies a case, the supreme court is not required to accept it. Section 809.61 expressly allows the supreme court to refuse jurisdiction over a certified appeal or proceeding, leaving the case with the court of appeals to decide in the ordinary course.
Frequently Asked Questions
How is bypass by certification different from a petition to bypass under Section 809.60?
A petition to bypass under Section 809.60 is filed by a party. Certification under Section 809.61 comes from the court of appeals itself, or the supreme court can take the case on its own motion, without a party’s petition.
Can the Wisconsin court of appeals send a case straight to the supreme court without a party asking?
Yes. Section 809.61 allows the supreme court to take jurisdiction of an appeal or other proceeding upon certification by the court of appeals.
Can the supreme court take a case on its own initiative?
Yes, Section 809.61 lets the supreme court take jurisdiction upon its own motion.
Must the supreme court accept a case the court of appeals certifies to it?
No. Section 809.61 states that the supreme court may refuse to take jurisdiction of an appeal or other proceeding certified to it by the court of appeals.
If the supreme court refuses a certified case, what happens to it?
The text of Section 809.61 addresses only the supreme court’s power to take or refuse jurisdiction; a refused case remains a court of appeals proceeding since certification is what would have moved it to the supreme court.
Amendment History
History: Sup. Ct. Order, 83 Wis. 2d xiii (1978).
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 court of appeals certification to supreme court809.61 bypasssupreme court own motion jurisdiction wisconsincertified question wisconsin supreme court