Wis. Stat. » CHAPTER 808 — APPEALS AND WRITS OF ERROR
Wisconsin Statutes

Wis. Stat. § 808.05 (2026)

Bypass

✓ current as of July 2026
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808.05808.05 Bypass. The supreme court may take jurisdiction of an appeal or any other proceeding pending in the court of appeals if:
808.05(1)(1) It grants direct review upon a petition to bypass filed by a party;
808.05(2)(2) It grants direct review upon certification from the court of appeals prior to the court of appeals hearing and deciding the matter; or
808.05(3)(3) It, on its own motion, decides to review the matter directly.
808.05 HistoryHistory: 1977 c. 187.
Notes of Decisions
Cited in 53 cases, 1979–2018 · leading case: Milwaukee Journal Sentinel v. Wisconsin Dep't of Admin., 2009 WI 79 (Wis. 2009).
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Milwaukee Journal Sentinel v. Wisconsin Dep't of Admin., 2009 WI 79 (Wis. 2009). · cites it 10× “32 (1) outweighed any countervailing public interests in precluding disclosure.”
Jackson Cnty. v. State Dep't of Nat. Resources, 2006 WI 96 (Wis. 2006). · cites it 10× “Remand is a wasteful duplication of efforts. ¶ 42 When this court grants certification it acquires jurisdiction of the case including all issues, not merely the issues certified by the court of appeals or the issue upon which the court accepts certification.”
State v. Mitchell, 482 N.W.2d 364 (Wis. 1992). · cites it 8× “Section 808.05(2), Stats. 1983-84. Further, the court has jurisdiction over issues not certified because the court may review an issue directly on its own motion.”
State v. Arias, 2008 WI 84 (Wis. 2008). · cites it 4× “[3] The majority states that it does not address whether the dog alerted or whether there was probable cause because the issues were not presented to the circuit court and because they were not certified questions.”
Plastics Eng'g Co. v. Liberty Mut. Ins., 2009 WI 13 (Wis. 2009). · cites it 4× “pellate court of any other state when requested by the certifying court if there are involved in any proceeding before it questions of law of this state which may be determinative of the cause then pending in the certifying court and as to which it appears to the certifying…”
Tammy W-G. v. Jacob T., 2011 WI 30 (Wis. 2011). · cites it 3× “Therefore, the court of appeals certified the appeal, which we accepted pursuant to Wis. Stat. § 808.05 . 6 We now affirm the decision of the circuit court.”
Dep't of Nat. Resources v. Wisconsin Court of Appeals, Dist. IV, 909 N.W.2d 114 (Wis. 2018). · cites it 3× “§ 808.05 (1) in case involving an underlying petition for review).”
Am. Fam. Mut. Ins. v. Golke, 2009 WI 81 (Wis. 2009). · cites it 4× “2d 177 (1986); Wis. Stat. §§ 808.05 (2), 808.05(3), and (Rule) 809.”
Soc'y Ins. v. Labor & Indus. Review Comm'n, 2010 WI 68 (Wis. 2010). · cites it 3× “Second, the circuit court found that "there isn't any way for [Society] to address premiums to pay for currently existing expenses for claims where the statute of limitations has already run.”
State v. Stoehr, 396 N.W.2d 177 (Wis. 1986). · cites it 4× “Section 808.05 (3), 1983-84. We address the sufficiency of the complaint because this issue can be answered by this court readily and quickly on the record before it.”
DeChant v. Monarch Life Ins., 547 N.W.2d 592 (Wis. 1996). · cites it 4× “Is a lump-sum award of the present value of projected future benefits under a disability insurance policy appropriate where the insured has prevailed in a breach of contract and insurance bad faith action? 2. Is evidence concerning the injuries sustained by a passenger in an…”
State v. Bangert, 389 N.W.2d 12 (Wis. 1986). · cites it 2× “We granted the state's petition to bypass the court of appeals, pursuant to sec. 808.05(1), Stats. Because we find no error in the order denying the motion to withdraw, we affirm the decision of the circuit court.”
Show all 53 citing cases →
— Wis. Stat. § 808.05(1) — 8 cases
State v. Bangert, 389 N.W.2d 12 (Wis. 1986). “We granted the state's petition to bypass the court of appeals, pursuant to sec. 808.05(1), Stats. Because we find no error in the order denying the motion to withdraw, we affirm the decision of the circuit court.”
Tucker v. Marcus, 418 N.W.2d 818 (Wis. 1988).
State v. Killebrew, 340 N.W.2d 470 (Wis. 1983).
State v. Oliver, 321 N.W.2d 119 (Wis. 1982).
State v. Schulpius, 2004 WI App 39 (Wis. Ct. App. 2004).
— Wis. Stat. § 808.05(2) — 8 cases
State v. Mitchell, 482 N.W.2d 364 (Wis. 1992). “Section 808.05(2), Stats. 1983-84. Further, the court has jurisdiction over issues not certified because the court may review an issue directly on its own motion.”
Milwaukee Journal Sentinel v. Wisconsin Dep't of Admin., 2009 WI 79 (Wis. 2009). “32 (1) outweighed any countervailing public interests in precluding disclosure.”
State v. Stoehr, 396 N.W.2d 177 (Wis. 1986). “Section 808.05 (3), 1983-84. We address the sufficiency of the complaint because this issue can be answered by this court readily and quickly on the record before it.”
Wagner v. Cont'l Cas. Co., 421 N.W.2d 835 (Wis. 1988).
Tammy W-G. v. Jacob T., 2011 WI 30 (Wis. 2011). “Therefore, the court of appeals certified the appeal, which we accepted pursuant to Wis. Stat. § 808.05 . 6 We now affirm the decision of the circuit court.”
— Wis. Stat. § 808.05(3) — 1 case
State v. Mitchell, 482 N.W.2d 364 (Wis. 1992). “Section 808.05(2), Stats. 1983-84. Further, the court has jurisdiction over issues not certified because the court may review an issue directly on its own motion.”
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