809.82.Rule (Computation and enlargement of time).
Ch. 809: Rules of Appellate Procedure · Last amended 2021 · Last verified July 15, 2026
Full Text of Section 809.82
Official Notes
Judicial Council Committee’s Note, 1978: Sub. (1). The provisions of the Rules of Civil Procedure as to computation of time are adopted for appeals to avoid any problems resulting from a lack of uniformity. Sub. (2) continues the first sentence of former Rule 251.45. It eliminates the second sentence of that Rule permitting the attorneys by stipulation to extend the time for filing briefs if the extension does not interfere with the assignment of the case because this procedure interferes with the ability of the court to monitor cases pending before it and because it is not always certain when a case will be on an assignment. The Supreme Court considers that deadlines as to briefs and other actions in the court should have priority over all matters except previously scheduled trials in circuit and county courts and deadlines set by a federal court. Requests for extensions are not, consequently, looked upon with favor by the court. [Re Order effective July 1, 1978]
Judicial Council Committee’s Note, 1981: Sub. (2) is amended to permit the court of appeals to extend the time for filing a notice of appeal or cross-appeal in appeals under Rules 809.30 and 809.40 (1), which cover criminal appeals and postconviction motions and appeals in ch. 48, 51 and 55 cases. When read with Rules 809.30 and 809.40 (1), the rule was previously ambiguous regarding extensions of time to file a notice of appeal or cross-appeal in ch. 48, 51 and 55 cases. The amendment clarifies the rules. Other than appeals under Rules 809.30 and 809.40 (1), the time for filing a notice of appeal or cross-appeal may not be extended. [Re Order effective Jan. 1, 1982]
Judicial Council Note, 2001: Subsection (2) (d) was created to provide notice to the clerk of any motion affecting time limits. Subsection (2) (e) was created to facilitate computation of due dates on petitions for review. [Re Order No. 00-02 effective July 1, 2001]
Plain-English Summary
Section 809.82 borrows rather than reinvents. Any period of time prescribed by the appellate rules is computed the same way circuit court deadlines are computed, under Section 801.15(1) and (5). That shared computation method keeps appellate and circuit court deadlines consistent for parties moving between the two.
Beyond computation, the court of appeals has broad power to enlarge or reduce a prescribed deadline, or to permit an act after the deadline has passed, either on its own motion or on a showing of good cause. But that power has firm limits. The time for filing a notice of appeal or cross-appeal of a final judgment or order generally cannot be enlarged at all -- the exceptions are appeals under Section 809.107 (termination of parental rights) and appeals under Section 809.30 or 809.32 (postconviction and no-merit proceedings). The deadline in a Section 809.105 parental consent to abortion appeal cannot be enlarged without the consent of the minor and her counsel. And the deadline for filing a motion for reconsideration under Section 809.24 cannot be enlarged at all.
Frequently Asked Questions
What rule governs how appellate deadlines are counted in Wisconsin?
Section 809.82(1) applies Section 801.15(1) and (5), the same computation rule used for circuit court deadlines.
Can the Wisconsin court of appeals extend a deadline set by the appellate rules?
Generally yes, on the court’s own motion or for good cause shown, but Section 809.82(2) carves out specific deadlines the court cannot extend.
Can I get an extension to file my notice of appeal?
Generally no for an ordinary final-judgment appeal, but yes for an appeal under Section 809.107, or under Section 809.30 or 809.32.
Can the deadline for a motion for reconsideration be extended?
No. Section 809.82(2)(e) states that the time for filing a motion for reconsideration under Section 809.24 may not be enlarged.
What about extending the deadline in a parental consent to abortion appeal under Section 809.105?
Section 809.82(2)(c) allows that only with the consent of the minor and her counsel.
Amendment History
History: Sup. Ct. Order, 83 Wis. 2d xiii (1978); Sup. Ct. Order, 104 Wis. 2d xi (1981); 1981 c. 390 s. 252; 1991 a. 263; Sup. Ct. Order No. 00-02, 2001 WI 39, 242 Wis. 2d xxvii; Sup. Ct. Order No. 02-01, 2002 WI 120, 255 Wis. 2d xiii; 2005 a. 293; 2017 a. 258; Sup. Ct. Order No. 20-07, 2021 WI 37, 397 Wis. 2d xiii.