(1) Any document required or authorized to be served on the state in appeals and other proceedings in felony cases in the court of appeals or supreme court shall be served on the attorney general unless the district attorney has been authorized under s. 978.05 (5) to represent the state. Any document required or authorized to be served on the state in appeals and other proceedings in misdemeanor cases decided by a single court of appeals judge under s. 752.31 (2) and (3) shall be served on the district attorney. Every petition for review of a decision of the court of appeals in a misdemeanor case shall be served on the attorney general.
809.802.Rule (Service on the state in certain proceedings).
Ch. 809: Rules of Appellate Procedure · Last amended 2021 · Last verified July 15, 2026
In one sentenceSection 809.802 directs who must be served on the state’s behalf in felony cases, in misdemeanor cases decided by a single court of appeals judge, and in petitions for review of misdemeanor decisions, and it sets out how the clerk automatically gives the attorney general access through the electronic filing system.
Full Text of Section 809.802
(2) Where service on the attorney general is required under sub. (1), the clerk of the court of appeals shall opt in the attorney general as an attorney for the state and provide the notice of docketing to the attorney general through the appellate electronic filing system. For the attorney general, receipt of the notice of docketing provides access to the proceeding and constitutes service of the initiating document and other documents filed with the initiating documents.
Official Notes
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: Former s. 809.80 (2) is recreated as sub. (1). The requirement to serve the attorney general under this section applies to both traditional and electronic modes of service. Sub. (2) describes the mechanism the clerk will use to assure service on the attorney general in cases where the other electronic parties are served with initiating documents through the circuit court electronic filing system or when the attorney general did not participate in a proceeding before a petition for review was filed.
Plain-English Summary
Serving the state correctly in an appellate case depends on what kind of case it is. Section 809.802 requires service on the attorney general in felony appeals and other felony proceedings, unless the district attorney has been authorized under Section 978.05(5) to represent the state instead. In misdemeanor cases decided by a single court of appeals judge under Section 752.31(2) and (3), service goes to the district attorney rather than the attorney general. But every petition for review of a court of appeals decision in a misdemeanor case must be served on the attorney general, regardless of who was served in the case up to that point.
Where service on the attorney general is required, the clerk of the court of appeals handles the mechanics: the clerk opts the attorney general in as an attorney for the state and provides the notice of docketing through the appellate electronic filing system. For the attorney general, receiving that notice of docketing both provides access to the proceeding and constitutes service of the initiating document and any documents filed along with it.
Frequently Asked Questions
Who do I serve on behalf of the state in a Wisconsin felony appeal?
The attorney general, unless the district attorney has been authorized under Section 978.05(5) to represent the state instead.
Who gets served in a misdemeanor case decided by a single court of appeals judge?
Section 809.802(1) requires service on the district attorney for misdemeanor cases decided by a single judge under Section 752.31(2) and (3).
If I file a petition for review of a misdemeanor decision, who must I serve?
Every petition for review of a court of appeals decision in a misdemeanor case must be served on the attorney general.
How does the attorney general receive documents that are served under this section?
Section 809.802(2) has the clerk opt the attorney general in as an attorney for the state and provide the notice of docketing through the appellate electronic filing system; receiving that notice constitutes service of the initiating document and documents filed with it.
Does Section 809.802 apply to every kind of appellate case?
No, it applies specifically to service on the state in felony cases, in single-judge misdemeanor cases, and in misdemeanor petitions for review.
Amendment History
History: 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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