(1) DELAY; EXTRA COSTS AND DAMAGES. (a) If the court finds that an appeal was taken for the purpose of delay, it may award any of the following: 1. Double costs. 2. A penalty in addition to interest not exceeding 10 percent on the amount of the judgment affirmed. 3. Damages occasioned by the delay. 4. Reasonable attorney fees. (b) A motion for costs, penalties, damages and fees under this subsection shall be filed no later than the filing of the respondent’s brief or, if a cross-appeal is filed, the cross-respondent’s brief.
809.83.Rule (Penalties for delay or noncompliance with rules).
Ch. 809: Rules of Appellate Procedure · Last amended 2001 · Last verified July 15, 2026
In one sentenceSection 809.83 lets the court of appeals impose double costs, a penalty, delay damages, and attorney fees against a party who took an appeal for the purpose of delay, and separately authorizes dismissal, summary reversal, or other sanctions for failing to comply with court orders or rule requirements.
Full Text of Section 809.83
(2) NONCOMPLIANCE WITH RULES. Failure of a person to comply with a court order or with a requirement of these rules, other than the timely filing of a notice of appeal or cross-appeal, does not affect the jurisdiction of the court over the appeal but is grounds for dismissal of the appeal, summary reversal, striking of a paper, imposition of a penalty or costs on a party or counsel, or other action as the court considers appropriate.
Official Notes
Judicial Council Committee’s Note, 1978: Former ss. 251.22, 251.23, 251.51, 251.56, 251.57, 251.73, 251.75, 251.77, 251.81, 251.82, 251.85 and 251.89, providing for specific penalties for delay and for certain rule violations, are replaced. In the event of a rule violation, the court is authorized to take such action as it considers appropriate. If the court finds an appeal was taken for purposes of delay, it can impose one or more of the four types of penalties specified in sub. (1). [Re Order effective July 1, 1978]
Judicial Council Note, 2001: Subsection (2) is changed to allow appellate courts to sanction parties who violate court orders. [Re Order No. 00-02 effective July 1, 2001]
Plain-English Summary
Section 809.83 gives the court of appeals tools for two different problems. The first is an appeal taken purely to stall a case. If the court finds that an appeal was taken for the purpose of delay, it may award double costs, a penalty on top of interest of up to 10 percent of the judgment affirmed, damages caused by the delay, and reasonable attorney fees. A motion asking for those sanctions has to be filed no later than the respondent’s brief -- or, if there is a cross-appeal, no later than the cross-respondent’s brief.
The second problem is noncompliance with a court order or a requirement of the appellate rules generally. Failing to comply, other than by missing the deadline to file a notice of appeal or cross-appeal, does not strip the court of jurisdiction over the appeal, but it is grounds for a range of responses: dismissal of the appeal, summary reversal, striking a paper, imposing a penalty or costs on a party or counsel, or whatever other action the court considers appropriate.
Frequently Asked Questions
What can happen if I take a Wisconsin appeal just to delay things?
Section 809.83(1)(a) allows the court to award double costs, a penalty of up to 10 percent of the judgment amount in addition to interest, damages caused by the delay, and reasonable attorney fees.
By when must a motion for delay-related costs be filed?
No later than the filing of the respondent’s brief, or the cross-respondent’s brief if a cross-appeal has been filed.
Does failing to comply with a court order affect the court’s jurisdiction over my appeal?
No. Section 809.83(2) says noncompliance does not affect the court’s jurisdiction, but it is still grounds for dismissal, summary reversal, striking a paper, or a penalty.
Can the court sanction my attorney personally for noncompliance with the rules?
Yes, Section 809.83(2) allows imposition of a penalty or costs on a party or counsel.
Does the noncompliance provision cover a late notice of appeal?
No, Section 809.83(2) specifically excludes the timely filing of a notice of appeal or cross-appeal from its coverage.
Amendment History
History: Sup. Ct. Order, 83 Wis. 2d xiii (1978); Sup. Ct. Order, 151 Wis. 2d xvii (1989); 1995 a. 225; 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
Also known as: wisconsin sanctions frivolous appeal809.83 penalties delayattorney fees appeal taken for delay wisconsindismissal for noncompliance court of appeals rules