Wisconsin Statutes
Wis. Stat. § 808.04 (2026)
Time for appeal to the court of appeals
✓ current as of July 2026
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808.04(1)(1) Initiating an appeal. An appeal to the court of appeals must be initiated within 45 days of entry of a final judgment or order appealed from if written notice of the entry of a final judgment or order is given within 21 days of the final judgment or order as provided in s. 806.06 (5), or within 90 days of entry if notice is not given, except as provided in this section or otherwise expressly provided by law. Time limits for seeking review of a nonfinal judgment or order are established in s. 809.50.
808.04(1m)(1m) An appeal by a record subject under s. 19.356 shall be initiated within 20 days after the date of entry of the judgment or order appealed from.
808.04(1s)(1s) An appeal under s. 781.10 (2) (d) 5. shall be initiated within 30 days after the date of entry of the judgment or order appealed from.
808.04(2)(2) An appeal under s. 227.60 or 799.445 shall be initiated within 15 days after entry of judgment or order appealed from.
808.04(3)(3) Except as provided in subs. (4) and (7), an appeal in a proceeding under s. 971.17, a criminal case, or a case under ch. 48, 51, 55, 938, or 980 shall be initiated within the time period specified in s. 809.30 (2) or 809.32 (2), whichever is applicable.
808.04(4)(4) Except as provided in sub. (7m), an appeal by the state in a proceeding under s. 971.17, a criminal case under s. 974.05, or a case under ch. 48, 938, or 980 shall be initiated within 45 days of entry of the judgment or order appealed from.
808.04(6)(6) When a party to an action or special proceeding dies during the period allowed for appeal, the time to appeal is the time permitted by law or 120 days after the party’s death, whichever is later. If no personal representative qualifies within 60 days after the party’s death, any appellant may have a personal representative appointed under s. 856.07 (2).
808.04(7)(7) An appeal by a party other than the state from a judgment or order granting adoption shall be initiated by filing the notice required by s. 809.30 (2) (b) within 40 days after the date of entry of the judgment or order appealed from. Notwithstanding s. 809.82 (2) (a), this time period may not be enlarged.
808.04(7m)(7m) An appeal from a judgment or order terminating parental rights or denying termination of parental rights shall be initiated by filing the notice required by s. 809.107 (2) within 30 days after the date of entry of the judgment or order appealed from.
808.04(7p)(7p) An appeal from a judgment or order under s. 809.104 shall be initiated by filing the notice required by s. 809.104 (2) (b) within 30 days after the date of entry of the judgment or order appealed from.
808.04(8)(8) If the record discloses that the judgment or order appealed from was entered after the notice of appeal or intent to appeal was filed, the notice shall be treated as filed after that entry and on the day of the entry.
808.04 HistoryHistory: 1977 c. 187; 1979 c. 32 s. 92 (9), (14); 1979 c. 89, 221; 1981 c. 152; 1981 c. 314 ss. 130, 146; 1983 a. 183, 219; 1983 a. 491 s. 23; 1985 a. 182 s. 57; Sup. Ct. Order, 130 Wis. 2d xi, xix (1986); Sup. Ct. Order, 136 Wis. 2d xxv (1987); 1989 a. 56 s. 259; 1989 a. 192; 1991 a. 39; Sup. Ct. Order, 168 Wis. 2d xix (1992); 1993 a. 395; 1995 a. 77, 275; 1997 a. 133; Sup. Ct. Order No. 00-02, 2001 WI 39, 242 Wis. 2d xxvii; 2003 a. 47; 2005 a. 293, 434; 2009 a. 26; 2017 a. 58, 258; 2023 a. 16.
808.04 NoteNOTE: 2003 Wis. Act 47 contains explanatory notes.
808.04 NoteJudicial Council Note, 1983: Sub. (2) requires expedited initiation of appeals in recall and eviction cases as well as cases in which the validity of a state law is attacked in federal district court. Sub. (3) references the appeal deadline for criminal, juvenile, mental commitment and protective placement appeals. Sub. (4) references the appeal deadline for appeals by the state in criminal and children’s code cases. [Bill 151-S]
Effective date noteJudicial Council Note, 1986: The amendment to sub. (1) clarifies the time limit for notice of entry by cross-referencing s. 806.06 (5). [Re Order eff. 7-1-86]
Effective date noteJudicial Council Note, 1986: Subs. (3) and (4) are amended by removing references to a repealed statute. Sub. (7) requires a party other than the state to commence an appeal from a judgment or order terminating parental rights or granting an adoption by filing notice of intent to pursue relief in the trial court within 40 days after entry. It also prohibits enlargement of this time by the court of appeals. [Re Order eff. 7-1-87]
808.04 NoteJudicial Council Note, 1992: Subsection (8) is analogous to Rule (4) (a) (2) of the Federal Rules of Appellate Procedure. It is intended to avoid the delay, confusion and prejudice which can result from dismissing appeals solely because they are filed before the judgment or order appealed from is entered. Appeals from judgments or orders which have not been entered are still dismissable. [Re Order effective July 1, 1992]
808.04 NoteJudicial Council Note, 2001: The word “final” has been inserted before “judgment or order” in sub. (1). The amendment specifies that the 45- or 90-day time limit applies in appeals from final orders and the 14-day time limit in s. 809.50 applies to appeals from nonfinal orders. [Re Order No. 00-02 effective July 1, 2001]
808.04 AnnotationAlthough a party may move the trial court to reconsider its orders or judgments under former s. 269.46 (3), 1971 stats., the party must present issues other than those determined by the order or judgment for which review is requested in order to appeal from the order entered on the motion for reconsideration. In this case, the appellants’ motion presented the same issues that the trial court decided when granting summary judgment, so the appellants were not entitled to appeal from the order denying their motion for rehearing. Appeal should have been taken from the summary judgment. Ver Hagen v. Gibbons, 55 Wis. 2d 21, 197 N.W.2d 752 (1972).
808.04 AnnotationNotice under sub. (1) may not be given before judgment is entered. Sub-Zero Freezer Co. v. Manhattan Life Insurance Co., 90 Wis. 2d 76, 279 N.W.2d 492 (Ct. App. 1979).
808.04 AnnotationWhen the written notice of entry of judgment showed the incorrect date of entry, the time to appeal was not shortened under sub. (1). Mock v. Czemierys, 113 Wis. 2d 207, 336 N.W.2d 188 (Ct. App. 1983).
808.04 AnnotationTo shorten the appeal period under sub. (1), a formal, captioned, and signed notice of entry of judgment stating the date of entry must be filed and served on an opposing party within 21 days of the entry date. Soquet v. Soquet, 117 Wis. 2d 553, 345 N.W.2d 401 (1984).
808.04 AnnotationThe date stamped on the judgment did not control as to the date of actual filing. Litrenta v. In re Estate of Ristau, 144 Wis. 2d 421, 424 N.W.2d 203 (1988).
808.04 AnnotationA summary contempt proceeding is not “prosecuted by the state,” and appeal is pursuant to sub. (1). McGee v. Racine County Circuit Court, 150 Wis. 2d 178, 441 N.W.2d 308 (Ct. App. 1989).
808.04 AnnotationUnder sub. (1), notice of entry of judgment must be given within 21 days of the entry of judgment, not of signing, consistent with s. 806.06 (5). Linnmar, Inc. v. First Enterprises, Inc., 161 Wis. 2d 706, 468 N.W.2d 753 (Ct. App. 1991).
808.04 AnnotationIf a motion for reconsideration is filed under s. 805.17 (3), the 45-day time for appeal under sub. (1) applies beginning upon disposal of the motion. Salzman v. DNR, 168 Wis. 2d 523, 484 N.W.2d 337 (Ct. App. 1992).
808.04 AnnotationStrict compliance with the procedures for providing notice of entry of judgment is required. Notice of entry of judgment is ineffective if it is mailed to an incorrect address. Nichols v. Conlin, 198 Wis. 2d 287, 542 N.W.2d 194 (Ct. App. 1995), 95-2776.
808.04 AnnotationProceedings under ch. 980 are civil and not criminal. State v. Brunette, 212 Wis. 2d 139, 567 N.W.2d 647 (Ct. App. 1997), 96-2351.
808.04 AnnotationWhen a judge normally presides in one county but is assigned by substitution to a case filed in another county, the filing and entry for appeal purposes occur when the document comes into the possession of the clerk of court in the county in which the case is commenced. State v. Williams, 230 Wis. 2d 50, 601 N.W.2d 838 (Ct. App. 1999), 98-3338.
808.04 AnnotationSub. (8) is applicable to appeals under s. 66.0703 as the result of the application of s. 801.01 (2), which makes chs. 801 to 847 applicable in all special proceedings. Mayek v. Cloverleaf Lakes Sanitary District #1, 2000 WI App 182, 238 Wis. 2d 261, 617 N.W.2d 235, 99-2895.
808.04 AnnotationAn attorney who is sanctioned by a circuit court for misconduct in a client’s case must file the attorney’s own notice of appeal in order to challenge the sanction and may not intervene in the client’s appeal if the notice of appeal deadline has been missed. Absent the attorney’s filing of a notice of appeal, the court of appeals lacks jurisdiction to consider a challenge to a sanction for the attorney’s misconduct. Ziebell v. Ziebell, 2003 WI App 127, 265 Wis. 2d 664, 666 N.W.2d 107, 02-2552.
808.04 AnnotationThe proper framework in which to examine the finality of the orders in this case issued by the circuit court over the course of postjudgment proceedings following remittitur was by focusing on whether the orders resulted in the immediate transfer of title to property. If an order led to such a result, it was a final order for purpose of appeal, and the time for review was immediate. Orlando Residence, Ltd. v. Nelson, 2013 WI App 81, 348 Wis. 2d 565, 834 N.W.2d 416, 12-1528.
Notes of Decisions
Cited in 158
cases (35 in the last 5 years), 1979–2026 · leading case: In Re Marriage of Soquet v. Soquet, 345 N.W.2d 401 (Wis. 1984).
In Re Marriage of Soquet v. Soquet, 345 N.W.2d 401 (Wis. 1984). “Respondent argues, however, that under section 808.04 (1), Stats., a notice of entry of judgment need not be "served" but only "given.”
Zellner v. Herrick, 2009 WI 80 (Wis. 2009). “Zellner argued that Morgan had filed her notice of appeal more than 20 days after the circuit court's October 1 order, and, therefore, the appeal was not timely filed pursuant to Wis. Stat. § 808.04 (1m). ¶ 11 In an order dated December 5, 2007, the court of appeals denied…”
State Ex Rel. Seibert v. MacHt, 2001 WI 67 (Wis. 2001). “On June 11,1999 — 91 days after the entry of judgment in the Outagamie County Circuit Court — appellate counsel filed the notice of appeal in the circuit court, which was one day late.”
Wambolt v. West Bend Mut. Ins., 2007 WI 35 (Wis. 2007). “Thus, it determined that the Wambolts' July 12, 2005, notice of appeal was not timely filed under Wis. Stat. § 808.04 (1). 5 The court of appeals *731 therefore concluded that it lacked jurisdiction, and it dismissed the Wambolts' appeal.”
State v. Swiams, 2004 WI App 217 (Wis. Ct. App. 2004). “The State had argued in Mahone that Wis. Stat. § 808.04 , applicable to appeals in civil cases, governed, and, accordingly, Mahone's appeal was irretrievably untimely.”
Salzman v. State Dep't of Nat. Resources, 484 N.W.2d 337 (Wis. Ct. App. 1992). “In addition, Salzman asserts that he did not receive notice of entry of judgment; therefore, the forty-five-day time limit under sec. 808.04, Stats., was not effective against him.”
Arneson v. Jezwinski, 556 N.W.2d 721 (Wis. 1996). “constitu *220 tional superintending power over lower state courts, we direct the court of appeals to grant every petition of this kind, so long as the circuit court order is based on an issue of law, such as whether the federal right allegedly violated was clearly established at…”
Werner v. Hendree, 2011 WI 10 (Wis. 2011). “However, because the circuit court did not adhere to its assurances to hold the earlier orders for signature and filing until after trial, Werner's notice of appeal was filed more than 90 days after the date on which the order dismissing Ho-neck and the order ruling that Hendree…”
State v. Henley, 2010 WI 97 (Wis. 2010). “Similarly, an appeal by a criminal defendant from a judgment of conviction or denial of a postconviction motion or both "shall be" governed by § 808.04(3) and § (Rule) 809.30. Section 808.”
State v. Baldwin, 2010 WI App 162 (Wis. Ct. App. 2010). “We note that although Baldwin does not argue that his *530 notice of appeal is sufficient under Wis. Stat. § 808.04 (8), we address that statute also for completeness of our analysis.”
Mayek v. Cloverleaf Lakes Sanitary Dist. 1, 2000 WI App 182 (Wis. Ct. App. 2000). “01 (2), intended that Wis. Stat. § 808.04 (8) apply to special proceedings.”
Johnson v. Cnty. of Crawford, 536 N.W.2d 167 (Wis. Ct. App. 1995). “It refers solely to a time period, one easily determined by reference to § 808.04(1), STATS. An appeal from a trial court order "must be initiated within 45 days of entry of judgment or order appealed from if written notice of the entry of judgment or order is given .”
— Wis. Stat. § 808.04(1) — 85 cases
In Re Marriage of Soquet v. Soquet, 345 N.W.2d 401 (Wis. 1984). “Respondent argues, however, that under section 808.04 (1), Stats., a notice of entry of judgment need not be "served" but only "given.”
Salzman v. State Dep't of Nat. Resources, 484 N.W.2d 337 (Wis. Ct. App. 1992). “In addition, Salzman asserts that he did not receive notice of entry of judgment; therefore, the forty-five-day time limit under sec. 808.04, Stats., was not effective against him.”
Wambolt v. West Bend Mut. Ins., 2007 WI 35 (Wis. 2007). “Thus, it determined that the Wambolts' July 12, 2005, notice of appeal was not timely filed under Wis. Stat. § 808.04 (1). 5 The court of appeals *731 therefore concluded that it lacked jurisdiction, and it dismissed the Wambolts' appeal.”
Johnson v. Cnty. of Crawford, 536 N.W.2d 167 (Wis. Ct. App. 1995). “It refers solely to a time period, one easily determined by reference to § 808.04(1), STATS. An appeal from a trial court order "must be initiated within 45 days of entry of judgment or order appealed from if written notice of the entry of judgment or order is given .”
Mullen v. Braatz, 508 N.W.2d 446 (Wis. Ct. App. 1993).
— Wis. Stat. § 808.04(1m) — 1 case
Zellner v. Herrick, 2009 WI 80 (Wis. 2009). “Zellner argued that Morgan had filed her notice of appeal more than 20 days after the circuit court's October 1 order, and, therefore, the appeal was not timely filed pursuant to Wis. Stat. § 808.04 (1m). ¶ 11 In an order dated December 5, 2007, the court of appeals denied…”
— Wis. Stat. § 808.04(2) — 3 cases
Highland Manor Assocs. v. Bast, 2003 WI 152 (Wis. 2003).
Nelson v. Dep't of Nat. Resources, 280 N.W.2d 334 (Wis. Ct. App. 1979).
Marsh v. City of Milwaukee, 310 N.W.2d 615 (Wis. 1981).
— Wis. Stat. § 808.04(3) — 6 cases
State v. Henley, 2010 WI 97 (Wis. 2010). “Similarly, an appeal by a criminal defendant from a judgment of conviction or denial of a postconviction motion or both "shall be" governed by § 808.04(3) and § (Rule) 809.30. Section 808.”
Finding of Contempt in State v. Simmons, 441 N.W.2d 308 (Wis. Ct. App. 1989).
State v. Swiams, 2004 WI App 217 (Wis. Ct. App. 2004). “The State had argued in Mahone that Wis. Stat. § 808.04 , applicable to appeals in civil cases, governed, and, accordingly, Mahone's appeal was irretrievably untimely.”
State Ex Rel. Seibert v. MacHt, 2001 WI 67 (Wis. 2001). “On June 11,1999 — 91 days after the entry of judgment in the Outagamie County Circuit Court — appellate counsel filed the notice of appeal in the circuit court, which was one day late.”
State v. Carpenter, 508 N.W.2d 69 (Wis. Ct. App. 1993).
— Wis. Stat. § 808.04(4) — 4 cases
State v. Richter, 2000 WI 58 (Wis. 2000).
State v. Wright, 420 N.W.2d 395 (Wis. Ct. App. 1988).
State v. Edwards, 2003 WI 68 (Wis. 2003).
State v. Williams, 601 N.W.2d 838 (Wis. Ct. App. 1999).
— Wis. Stat. § 808.04(5) — 3 cases
State v. Brunette, 567 N.W.2d 647 (Wis. Ct. App. 1997).
Harris v. Reivitz, 417 N.W.2d 50 (Wis. Ct. App. 1987).
State v. Wickstrom, 396 N.W.2d 188 (Wis. 1986).
— Wis. Stat. § 808.04(7m) — 3 cases
In Interest of Christopher D., 530 N.W.2d 34 (Wis. Ct. App. 1995).
Carla B. v. Timothy N., 598 N.W.2d 924 (Wis. Ct. App. 1999).
In the Interest of Estel A., 536 N.W.2d 396 (Wis. Ct. App. 1995).
— Wis. Stat. § 808.04(8) — 8 cases
State v. Baldwin, 2010 WI App 162 (Wis. Ct. App. 2010). “We note that although Baldwin does not argue that his *530 notice of appeal is sufficient under Wis. Stat. § 808.04 (8), we address that statute also for completeness of our analysis.”
Mayek v. Cloverleaf Lakes Sanitary Dist. 1, 2000 WI App 182 (Wis. Ct. App. 2000). “01 (2), intended that Wis. Stat. § 808.04 (8) apply to special proceedings.”
Marriage of Schessler v. Schessler, 508 N.W.2d 65 (Wis. Ct. App. 1993).
State Ex Rel. Heil v. Green Bay Police & Fire Com'n, 2002 WI App 228 (Wis. Ct. App. 2002).
State v. William T. Peterson (Wis. Ct. App. 2019).
— Wis. Stat. § 808.04(lm) — 1 case
Zellner v. Herrick, 2009 WI 80 (Wis. 2009). “Zellner argued that Morgan had filed her notice of appeal more than 20 days after the circuit court's October 1 order, and, therefore, the appeal was not timely filed pursuant to Wis. Stat. § 808.04 (1m). ¶ 11 In an order dated December 5, 2007, the court of appeals denied…”
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