When the supreme court takes jurisdiction of an appeal or other proceeding, the rules governing procedures in the court of appeals are applicable to proceedings in the supreme court unless otherwise ordered by the supreme court in a particular case.
809.63.Rule (Procedure in supreme court).
Ch. 809: Rules of Appellate Procedure · Last amended 1978 · Last verified July 15, 2026
In one sentenceSection 809.63 says that once the Wisconsin Supreme Court takes jurisdiction of an appeal or other proceeding, the rules governing procedure in the court of appeals apply by default, unless the supreme court orders otherwise in that particular case.
Full Text of Section 809.63
Plain-English Summary
A case can reach the supreme court several ways -- a petition for review, a petition to bypass, certification by the court of appeals, an original action, or a supervisory writ. Section 809.63 keeps the parties from needing a separate rulebook once that happens. It applies the same procedural rules that govern the court of appeals to whatever proceeding the supreme court has taken up.
That default is not fixed. The supreme court can order a different procedure in a particular case, and when it does, that order controls instead of the borrowed court of appeals rules. Absent such an order, though, the court of appeals procedures carry the case forward.
Frequently Asked Questions
What procedure applies once the Wisconsin Supreme Court takes jurisdiction of a case?
Section 809.63 applies the same rules that govern procedures in the court of appeals.
Can the supreme court depart from the court of appeals procedures in a given case?
Yes, Section 809.63 applies those procedures only unless otherwise ordered by the supreme court in a particular case.
Does Section 809.63 cover proceedings other than appeals, like original actions?
Yes, the rule speaks broadly to when the supreme court takes jurisdiction of “an appeal or other proceeding.”
Where do I look for procedural rules if my case is now before the supreme court?
The court of appeals procedural rules serve as the default source, unless the supreme court has ordered something different for that case.
Is a departure from the court of appeals procedure automatic, or does the court have to say so?
The court has to order it for that particular case; the default under Section 809.63 is that the court of appeals procedures apply.
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
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