Wisconsin Statutes
Wis. Stat. § 808.075 (2026)
Permitted court actions pending appeal
✓ current as of July 2026
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808.075(1)(1) In any case, whether or not an appeal is pending, the circuit court may act under ss. 801.18 (16), 804.02 (2), 805.15, 805.16, 805.17 (3), 806.07, 806.08, 806.15 (2), 806.24 (4), 808.07 (1) and (2), and 809.12.
808.075(2)(2) In a case appealed under s. 809.30, the circuit court retains the power to act on all issues until the notice of appeal has been filed with the clerk of the circuit court, except that the circuit court may not act upon any motion to extend a time limit that is specified in s. 809.30. Thereafter, the circuit court may act only as provided in subs. (1) and (4).
808.075(3)(3) In a case not appealed under s. 809.30, the circuit court retains the power to act on all issues until the record has been transmitted to the court of appeals. Thereafter, the circuit court may act only as provided in subs. (1) and (4).
808.075(4)(a)3.3. Review of secure detention orders under s. 48.208 and secure detention status reviews under s. 48.209 (1) (e).
808.075(4)(a)4.4. Hearing for child held in custody under s. 48.21 or an adult expectant mother of an unborn child held in custody under s. 48.213.
808.075(4)(a)11.11. Termination of guardianship under s. 48.977 (7) or 48.9795 (11), including removal of a guardian.
808.075(4)(a)12.12. Rescission of a guardianship order under s. 48.978 (2) (L) 4., (m) 2. or (n) or (3) (d) 3. or 4., (j) 2. or 3. or (k) 2. or 3.
808.075(4)(b)4.4. Commitment, conditional release, recommitment and discharge under s. 971.17 of a person found not guilty by reason of mental disease or defect.
808.075(4)(c)1.1. Protective placement review under s. 55.18, modification under s. 55.16, or termination under s. 55.17.
808.075(4)(d)1.1. Revision of orders for legal custody or periods of physical placement under s. 767.41, 767.451, 767.461, or 767.481.
808.075(4)(d)4.4. Revision of judgment or order for child support, maintenance payments or family support payments under s. 767.59 or 767.89.
808.075(4)(d)5.5. Order for temporary maintenance, temporary child support or for suit money, counsel fees and disbursements in the appellate court under s. 767.273.
808.075(4)(d)6.6. Property division, where the court has expressly or impliedly reserved jurisdiction, provided the court does not revise or modify its final division of property.
808.075(4)(e)(e) In a case under chs. 701 or 853 to 879, any matter, unless the appellate court directs the trial court not to act on specific issues or the trial court declines to act because the matter directly affects the issues on appeal.
808.075(4)(f)5.5. Approval of guardian’s exercise of marital property rights under s. 54.20 (2) (h).
808.075(4)(fn)3.3. Review of secure detention orders under s. 938.208 and secure detention status reviews under s. 938.209 (1) (a) 5.
808.075(4)(g)5.5. Modification of a condition of probation or extension of probationary term under s. 973.09 (3) (a).
808.075(4)(g)7.7. Commitment, conditional release, recommitment and discharge under s. 971.17 of a person found not guilty by reason of mental disease or defect.
808.075(4)(h)(h) Commitment, supervised release, recommitment, discharge, and postcommitment relief under s. 980.10, 2003 stats., or ss. 980.06, 980.08, 980.09 (4), and 980.101 of a person found to be a sexually violent person under ch. 980.
808.075(5)(5) Notwithstanding the limitations of this section, any party may petition the appellate court for remand to the circuit court for action upon specific issues.
808.075(6)(6) In addition to sub. (5), the appellate court may remand the record to the circuit court for additional proceedings while the appeal is pending.
808.075(7)(7) Upon completion of an action taken by the circuit court under sub. (1), (4), (5) or (6) of this section, the clerk shall send a copy of the judgment or order to the appellate court.
808.075(8)(8) If an appellate court remands the record to the circuit court for additional proceedings under sub. (5) or (6), the appellate court, in the pending appeal, may review the judgment or order that the circuit court enters following remand. If any party is aggrieved by the judgment or order of the circuit court, the party shall file in the appellate court a written statement of objections to the judgment or order within 14 days after the record is returned to the clerk of the appellate court. A party that files a statement of objections need not file an additional notice of appeal or cross-appeal.
808.075 HistoryHistory: Sup. Ct. Order, 146 Wis. 2d xiii (1988); 1989 a. 86; 1993 a. 16, 446, 479, 481; 1995 a. 38, 73, 77, 275; 1997 a. 35, 191, 292, 296, 334; 1999 a. 9; Sup. Ct. Order No. 00-02, 2001 WI 39, 242 Wis. 2d xxvii; 2001 a. 16; 2005 a. 264, 387, 434; 2005 a. 443 ss. 263, 265; Sup. Ct. Order No. 14-03, 2016 WI 29, 368 Wis. 2d xiii; 2017 a. 365 s. 111; 2019 a. 95, 109; 2021 a. 238 ss. 44, 45; 2021 a. 240 s. 30.
808.075 NoteJudicial Council Note, 1988: In re Marriage of Hengel v. Hengel, 120 Wis. 2d 522, 355 N. W. 2d 846 (Ct. App. 1984), the court of appeals held that since there is no specific statutory exception, the trial court had no competence to enter an order requiring the husband to contribute to his wife’s attorney’s fees for representation in the trial court after a notice of appeal had been filed. Section 808.075 is created to specify the actions that may be taken in circuit court after a notice of appeal has been filed in cases appealed under s. 809.30 and after transmittal of the record to an appellate court in other cases.
808.075 NoteMatters affecting trusts and estates have historically been treated as a series of special proceedings, and the trial court is charged with ongoing supervision and administrative duties affecting such matters. Because of the ongoing involvement of the trial court, sub. (4) (e) reserves full competence to act, unless it is determined that competence should be restricted as to specific issues. [Re Order effective Jan. 1, 1989]
808.075 NoteJudicial Council Note, 2001: The second sentence in sub. (2) is a codification of State v. Harris, 149 Wis. 2d 943, 440 N.W.2d 364 (1989). Subsection (8) is intended to clarify procedure following a remand and to eliminate an additional notice of appeal or cross-appeal. The obligations of a person filing a statement of objections are the same as those of a cross-appellant. [Re Order No. 00-02 effective July 1, 2001]
808.075 AnnotationAn indigent in a civil case is entitled to waiver of transcript fees on appeal if the trial judge finds that the indigent has arguable reason to believe that the indigent is entitled to redress on appeal. State ex rel. Girouard v. Circuit Court, 155 Wis. 2d 148, 454 N.W.2d 792 (1990).
808.075 AnnotationUnder sub. (1) and s. 808.07 (1), a circuit court has authority to confirm a sheriff’s sale even though an appeal of the judgment of foreclosure and sale is pending. Community National Bank v. O’Neill, 157 Wis. 2d 244, 458 N.W.2d 385 (Ct. App. 1990).
808.075 AnnotationWhen the court of appeals remands an appeal to the trial court for a Girouard, 155 Wis. 2d 148 (1990), determination, the court of appeals has jurisdiction to review the trial court decision without need for filing a second notice of appeal. State v. Jacobus, 167 Wis. 2d 230, 481 N.W.2d 642 (Ct. App. 1992).
Notes of Decisions
Cited in 33
cases (10 in the last 5 years), 1990–2026 · leading case: Madison Teachers, Inc. v. Scott Walker, 2013 WI 91 (Wis. 2013).
Madison Teachers, Inc. v. Scott Walker, 2013 WI 91 (Wis. 2013). “Wis. Stat. § 808.075 (3) (a circuit court "retains the power to act on all issues until the record has been transmitted to the court of appeals").”
State Ex Rel. Off. of the State Pub. Def. v. Court of Appeals, 2013 WI 31 (Wis. 2013). “¶28 Furthermore, under Wis. Stat. § 808.075 , once a case is appealed, the circuit court's power is limited.”
State Ex Rel. Unnamed Person No.1 v. State, 2003 WI 30 (Wis. 2003). “[16] These proceedings also raise a question about the authority of a John Doe judge to issue orders regarding an issue while a writ proceeding involving the same issue is pending in an appellate court. As a general rule, in the context of a direct appeal pursuant to Wis.”
Highland Manor Assocs. v. Bast, 2003 WI 152 (Wis. 2003). “20 See Wis. Stat. § 808.075 . 21 We agree with the court of appeals that there are several matters the parties discuss but that are not present on appeal.”
Roberta Jo W. v. Leroy W., 578 N.W.2d 185 (Wis. 1998). “See Wis. Stat. § (Rule) 809.85. Once a case is before the court of appeals, that court has the discretion to determine what is in its own interests.”
Schmidt v. Smith, 469 N.W.2d 855 (Wis. Ct. App. 1991). “[5] The Judicial Council Note to sec. 808.075, Stats., states, in part, that "[s]ection 808.”
Kathleen Papa v. DHS, 2020 WI 66 (Wis. 2020). “The circuit court's original order declared the Perfection Policy to be in excess of DHS's recoupment authority under Wis.”
State v. Flores, 488 N.W.2d 116 (Wis. Ct. App. 1992). “Section 808.075(2), Stats., provides that "[i]n a case appealed under s.”
State v. Schulpius, 2004 WI App 39 (Wis. Ct. App. 2004). “075(1) specifically permits the trial court to entertain motions for reconsideration pending appeal and there is nothing in either § 808.075 or in WIS. STAT. ch. 980 itself to the contrary.”
State v. Thornton, 2002 WI App 294 (Wis. Ct. App. 2002). “See Wis. Stat. § 808.075 (6) ("appellate court may remand the record to the circuit court for additional proceedings while the appeal is pending"); Wis.”
State v. Luebeck, 2006 WI App 87 (Wis. Ct. App. 2006). “If an appellate court remands to the circuit court under Wis. Stat. § 808.075 (5), the appellate court, in the pending appeal, may include the postremand order in its review.”
State v. Redmond, 552 N.W.2d 115 (Wis. Ct. App. 1996). “Accordingly, the appeal was governed *22 by § 808.075, Stats., which delineates permitted court actions pending appeal.”
— Wis. Stat. § 808.075(1) — 9 cases
Highland Manor Assocs. v. Bast, 2003 WI 152 (Wis. 2003). “20 See Wis. Stat. § 808.075 . 21 We agree with the court of appeals that there are several matters the parties discuss but that are not present on appeal.”
Madison Teachers, Inc. v. Scott Walker, 2013 WI 91 (Wis. 2013). “Wis. Stat. § 808.075 (3) (a circuit court "retains the power to act on all issues until the record has been transmitted to the court of appeals").”
Schmidt v. Smith, 469 N.W.2d 855 (Wis. Ct. App. 1991). “[5] The Judicial Council Note to sec. 808.075, Stats., states, in part, that "[s]ection 808.”
State v. Schulpius, 2004 WI App 39 (Wis. Ct. App. 2004). “075(1) specifically permits the trial court to entertain motions for reconsideration pending appeal and there is nothing in either § 808.075 or in WIS. STAT. ch. 980 itself to the contrary.”
Riley v. Lawson, 565 N.W.2d 266 (Wis. Ct. App. 1997).
— Wis. Stat. § 808.075(2) — 2 cases
State v. Flores, 488 N.W.2d 116 (Wis. Ct. App. 1992). “Section 808.075(2), Stats., provides that "[i]n a case appealed under s.”
Schmidt v. Smith, 469 N.W.2d 855 (Wis. Ct. App. 1991). “[5] The Judicial Council Note to sec. 808.075, Stats., states, in part, that "[s]ection 808.”
— Wis. Stat. § 808.075(3) — 4 cases
Zimmermann v. Hying (In re Hying), 477 B.R. 731 (Bankr. E.D. Wis. 2012).
Tatiana S. Laiter v. Michael Lyubchenko (Wis. Ct. App. 2019).
Sarah Diane Kraemer v. Benjamin Dean Traun (Wis. Ct. App. 2024).
Donald Sims v. Jerusalem Missionary Baptist Church, Inc. (Wis. Ct. App. 2026).
— Wis. Stat. § 808.075(4)(g) — 1 case
State v. Jonathan L. Liebzeit (Wis. Ct. App. 2022).
— Wis. Stat. § 808.075(5) — 4 cases
State Ex Rel. Off. of the State Pub. Def. v. Court of Appeals, 2013 WI 31 (Wis. 2013). “¶28 Furthermore, under Wis. Stat. § 808.075 , once a case is appealed, the circuit court's power is limited.”
State v. Redmond, 552 N.W.2d 115 (Wis. Ct. App. 1996). “Accordingly, the appeal was governed *22 by § 808.075, Stats., which delineates permitted court actions pending appeal.”
State v. Steven A. Avery (Wis. Ct. App. 2021).
State v. Holtz, 698 N.W.2d 132 (Wis. Ct. App. 2005).
— Wis. Stat. § 808.075(6) — 1 case
State Ex Rel. Off. of the State Pub. Def. v. Court of Appeals, 2013 WI 31 (Wis. 2013). “¶28 Furthermore, under Wis. Stat. § 808.075 , once a case is appealed, the circuit court's power is limited.”
— Wis. Stat. § 808.075(8) — 4 cases
State v. Luis A. Ramirez, 2024 WI App 28 (Wis. Ct. App. 2024).
State v. Luebeck, 2006 WI App 87 (Wis. Ct. App. 2006). “If an appellate court remands to the circuit court under Wis. Stat. § 808.075 (5), the appellate court, in the pending appeal, may include the postremand order in its review.”
Riggert v. Reed, 923 N.W.2d 179 (Wis. Ct. App. 2018).
State v. Todd Charles Gronseth (Wis. Ct. App. 2020).
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