Wisconsin Statutes
Wis. Stat. § 808.08 (2026)
Further proceedings in trial court
✓ current as of July 2026
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808.08808.08 Further proceedings in trial court. When the record and remittitur are received in the trial court:
808.08(1)(1) If the trial judge is ordered to take specific action, the judge shall do so as soon as possible.
808.08(2)(2) If a new trial is ordered, the trial court, upon receipt of the remitted record, shall place the matter on the trial calendar.
808.08(3)(3) If action or proceedings other than those mentioned in sub. (1) or (2) is ordered, any party may, within one year after receipt of the remitted record by the clerk of the trial court, make appropriate motion for further proceedings. If further proceedings are not so initiated, the action shall be dismissed except that an extension of the one-year period may be granted, on notice, by the trial court, if the order for extension is entered during the one-year period.
808.08 Annotation“Further proceedings” under sub. (3) and s. 801.58 (7) have the same definition. State ex rel. Ondrasek v. Circuit Court, 133 Wis. 2d 177, 394 N.W.2d 912 (Ct. App. 1986).
808.08 AnnotationA “specific action” under sub. (1) is one that requires no exercise of discretion by the trial court. “Further proceedings” under sub. (3) are those requiring the exercise of discretion by the trial court. State ex rel. J.H. Findorff & Son, Inc. v. Circuit Court, 2000 WI 30, 233 Wis. 2d 428, 608 N.W.2d 679, 97-3452.
808.08 AnnotationIn the absence of a remand order in the mandate line or some other clear directive from the appellate court ultimately deciding the appeal, a trial court whose judgment or final order has been affirmed by the appellate court on the merits has no authority to reopen the case for an amended complaint. Tietsworth v. Harley-Davidson, Inc., 2007 WI 97, 303 Wis. 2d 94, 735 N.W.2d 418, 04-2655.
Notes of Decisions
Cited in 26
cases (7 in the last 5 years), 1980–2025 · leading case: Tietsworth v. Harley-Davidson, Inc., 2007 WI 97 (Wis. 2007).
Tietsworth v. Harley-Davidson, Inc., 2007 WI 97 (Wis. 2007). “The court held that it did not have authority under Wis. Stat. § 808.08 (3) to reopen the case.”
State v. Thiel, 2004 WI App 140 (Wis. Ct. App. 2004). “" We also hold that Wis. Stat. § 808.08 (3), which places the duty on the parties to initiate further proceedings in the circuit court after remand, did not violate Thiel's due process right to a timely probable cause hearing.”
Prahl v. Brosamle, 420 N.W.2d 372 (Wis. Ct. App. 1987). “Section 808.08 provides that after an appeal is decided by the court of *664 appeals and the record is remitted to the trial court: "(1) [i]f the trial judge is ordered to take specification, the judge shall do so as soon as possible"; and "(2) [i]f a new trial is ordered, the…”
State Ex Rel. Ondrasek v. Circuit Court for Calumet Cnty., 394 N.W.2d 912 (Wis. Ct. App. 1986). “, than that assigned to the remittitur statute, sec. 808.08, Stats., as discussed above. This harmonious reading of the two statutes is, of course, in keeping with the in pari materia rule of statutory construction.”
State Ex Rel. Blackdeer Ex Rel. Blackdeer v. Twp. of Levis, 500 N.W.2d 339 (Wis. Ct. App. 1993). “*263 The Town contends that mandamus is inapplicable, citing sec. 808.08, Stats. It claims that our mandate did not require specific action to invoke sec.”
Tietsworth v. Harley-Davidson, Inc., 2006 WI App 5 (Wis. Ct. App. 2005). “Myers, Gary Streitenberger and Gary Wegner, on behalf of themselves and all others similarly situated (hereinafter "Tietsworth"), appeal from an order denying their motion to reopen the case for further proceedings under Wis. Stat. § 808.08 (3) (2003-04) 1 and for leave to amend…”
State ex rel. J. H. Findorff & Son, Inc. v. Circuit Court for Milwaukee Cnty., 2000 WI 30 (Wis. 2000). “Following remand and remittitur, a circuit court may conduct three types of proceedings: 1) a proceeding in which a circuit court takes "specific action" as ordered; 2) a proceeding in which a circuit court conducts a new trial; or 3) any further proceedings other than those…”
St. Augustine Sch. v. Jill Underly, 78 F.4th 349 (7th Cir. 2023). “” Wis. Stat. § 808.08 . Plaintiffs chose not to file any- thing in state court, but they did appeal the district court’s de- cision and final judgment, thereby keeping the federal case alive.”
State v. Carl Lee McAdory, 2025 WI 30 (Wis. 2025). “(2) If a new trial is ordered, the trial court, upon receipt of the remitted record, shall place the matter on the trial calendar.”
Shuput v. Lauer, 325 N.W.2d 321 (Wis. 1982). “The Lauers contend that they may contest the judgment of foreclosure and sale on an appeal from an order confirming the sale, reasoning as follows: (1) The judgment of foreclosure and sale entered on July 29, 1980, was an interlocutory judgment, that is, a nonfinal judgment made…”
State v. Jenich, 288 N.W.2d 114 (Wis. 1980). “However, I believe, as I said in the original opinion, that this court should, pursuant to its superintending and administrative authority, direct the court of appeals to hear all appeals taken from orders denying motions to dismiss based on double jeopardy because every order…”
State v. Carl Lee McAdory, 2024 WI App 29 (Wis. Ct. App. 2024). “§ 808.08, which governs post-appeal proceedings in the circuit court following its receipt of the record and remittitur.”
— Wis. Stat. § 808.08(1) — 11 cases
Tietsworth v. Harley-Davidson, Inc., 2007 WI 97 (Wis. 2007). “The court held that it did not have authority under Wis. Stat. § 808.08 (3) to reopen the case.”
Prahl v. Brosamle, 420 N.W.2d 372 (Wis. Ct. App. 1987). “Section 808.08 provides that after an appeal is decided by the court of *664 appeals and the record is remitted to the trial court: "(1) [i]f the trial judge is ordered to take specification, the judge shall do so as soon as possible"; and "(2) [i]f a new trial is ordered, the…”
State Ex Rel. Ondrasek v. Circuit Court for Calumet Cnty., 394 N.W.2d 912 (Wis. Ct. App. 1986). “, than that assigned to the remittitur statute, sec. 808.08, Stats., as discussed above. This harmonious reading of the two statutes is, of course, in keeping with the in pari materia rule of statutory construction.”
State Ex Rel. Blackdeer Ex Rel. Blackdeer v. Twp. of Levis, 500 N.W.2d 339 (Wis. Ct. App. 1993). “*263 The Town contends that mandamus is inapplicable, citing sec. 808.08, Stats. It claims that our mandate did not require specific action to invoke sec.”
State v. Thiel, 2004 WI App 140 (Wis. Ct. App. 2004). “" We also hold that Wis. Stat. § 808.08 (3), which places the duty on the parties to initiate further proceedings in the circuit court after remand, did not violate Thiel's due process right to a timely probable cause hearing.”
— Wis. Stat. § 808.08(2) — 8 cases
Tietsworth v. Harley-Davidson, Inc., 2007 WI 97 (Wis. 2007). “The court held that it did not have authority under Wis. Stat. § 808.08 (3) to reopen the case.”
Shuput v. Lauer, 325 N.W.2d 321 (Wis. 1982). “The Lauers contend that they may contest the judgment of foreclosure and sale on an appeal from an order confirming the sale, reasoning as follows: (1) The judgment of foreclosure and sale entered on July 29, 1980, was an interlocutory judgment, that is, a nonfinal judgment made…”
State v. Jenich, 288 N.W.2d 114 (Wis. 1980). “However, I believe, as I said in the original opinion, that this court should, pursuant to its superintending and administrative authority, direct the court of appeals to hear all appeals taken from orders denying motions to dismiss based on double jeopardy because every order…”
State Ex Rel. Blackdeer Ex Rel. Blackdeer v. Twp. of Levis, 500 N.W.2d 339 (Wis. Ct. App. 1993). “*263 The Town contends that mandamus is inapplicable, citing sec. 808.08, Stats. It claims that our mandate did not require specific action to invoke sec.”
State Ex Rel. Ondrasek v. Circuit Court for Calumet Cnty., 394 N.W.2d 912 (Wis. Ct. App. 1986). “, than that assigned to the remittitur statute, sec. 808.08, Stats., as discussed above. This harmonious reading of the two statutes is, of course, in keeping with the in pari materia rule of statutory construction.”
— Wis. Stat. § 808.08(3) — 9 cases
Tietsworth v. Harley-Davidson, Inc., 2007 WI 97 (Wis. 2007). “The court held that it did not have authority under Wis. Stat. § 808.08 (3) to reopen the case.”
State Ex Rel. Blackdeer Ex Rel. Blackdeer v. Twp. of Levis, 500 N.W.2d 339 (Wis. Ct. App. 1993). “*263 The Town contends that mandamus is inapplicable, citing sec. 808.08, Stats. It claims that our mandate did not require specific action to invoke sec.”
Tietsworth v. Harley-Davidson, Inc., 2006 WI App 5 (Wis. Ct. App. 2005). “Myers, Gary Streitenberger and Gary Wegner, on behalf of themselves and all others similarly situated (hereinafter "Tietsworth"), appeal from an order denying their motion to reopen the case for further proceedings under Wis. Stat. § 808.08 (3) (2003-04) 1 and for leave to amend…”
State Ex Rel. Ondrasek v. Circuit Court for Calumet Cnty., 394 N.W.2d 912 (Wis. Ct. App. 1986). “, than that assigned to the remittitur statute, sec. 808.08, Stats., as discussed above. This harmonious reading of the two statutes is, of course, in keeping with the in pari materia rule of statutory construction.”
State ex rel. J. H. Findorff & Son, Inc. v. Circuit Court for Milwaukee Cnty., 2000 WI 30 (Wis. 2000). “Following remand and remittitur, a circuit court may conduct three types of proceedings: 1) a proceeding in which a circuit court takes "specific action" as ordered; 2) a proceeding in which a circuit court conducts a new trial; or 3) any further proceedings other than those…”
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