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809.64.Rule (Reconsideration).

Ch. 809: Rules of Appellate Procedure · Last amended 2001 · Last verified July 15, 2026

In one sentenceSection 809.64 lets a party ask the Wisconsin Supreme Court to reconsider its judgment or opinion by filing a motion under Section 809.14 within 20 days after the date of the decision.

Full Text of Section 809.64

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A party may seek reconsideration of the judgment or opinion of the supreme court by filing a motion under s. 809.14 for reconsideration within 20 days after the date of the decision of the supreme court.

Official Notes

Judicial Council Committee’s Note, 1978: Rule 809.64 replaces former Rules 251.65, 251.67 to 251.69, which provided for motions for rehearing. The necessity for the filing of briefs on a motion for reconsideration as required by former Rule 251.67 is eliminated. The matter will be considered on the motion and supporting and opposing memoranda as with any other motion. The term “reconsideration” is used rather than rehearing because in a case decided without oral argument there has been no initial hearing. [Re Order effective July 1, 1978]

Judicial Council Note, 2001: This section has been changed to specify that the time limit for filing motions for reconsideration of supreme court opinions is calculated from the date, not the filing, of the decision. [Re Order No. 00-02 effective July 1, 2001]

Plain-English Summary

Section 809.64 supplies the mechanism for asking the supreme court to take a second look at a decision it has already issued. The party files a motion for reconsideration under the general appellate motion procedure in Section 809.14, and that motion is due within 20 days after the date of the supreme court’s decision.

The deadline runs from the date of the decision itself, not from when a party is served with it or otherwise learns of it. That distinction matters in practice, since a party tracking the calendar from the wrong starting point could lose the chance to seek reconsideration before the 20 days run out.

Frequently Asked Questions

How do I ask the Wisconsin Supreme Court to reconsider its decision?

File a motion for reconsideration under Section 809.14 within 20 days after the date of the supreme court’s decision.

How much time do I have to file a motion for reconsideration of a supreme court judgment?

Section 809.64 sets that deadline at 20 days after the date of the decision.

Does the 20-day clock start when I receive the decision, or when the court issues it?

It runs from the date of the decision itself, not from a later filing or service date.

What motion procedure applies to a reconsideration request under this section?

Section 809.64 directs the party to file the motion under Section 809.14, the general appellate motion procedure.

Does Section 809.64 cover reconsideration of a court of appeals decision?

No, its text addresses reconsideration of a judgment or opinion of the supreme court specifically.

Amendment History

History: Sup. Ct. Order, 83 Wis. 2d xiii (1978); 1981 c. 390 s. 252; Sup. Ct. Order No. 00-02, 2001 WI 39, 242 Wis. 2d xxvii.

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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