Wis. Stat. § 808.10
Review by the supreme court
Find cases:
SyfertCases citing this section
WI-LEGdocs.legis.wisconsin.gov
JustiaChapter on Justia
CornellLII Search
CasesGoogle Scholar
808.10(1)(1) Petition for review; time limit. A decision of the court of appeals is reviewable by the supreme court only upon a petition for review granted by the supreme court. Except as provided in sub. (2) and ss. 809.32 (5) and 809.62 (1m), the petition for review shall be filed in the supreme court within 30 days of the date of the decision of the court of appeals.
808.10(2)(2) Tolling pending court of appeals reconsideration. If a motion for reconsideration is filed in the court of appeals under s. 809.24 (1) within 20 days after the date of a decision of the court of appeals, the 30-day time period to file the petition for review starts on the date the court of appeals determines the motion for reconsideration by filing an order denying the motion for reconsideration or an amended decision.
808.10 NoteJudicial Council Note, 1979: This section is amended to more properly describe the function of the supreme court in reviewing decisions of the court of appeals. The supreme court decides whether to accept jurisdiction of a case from the court of appeals after a petition to review, not a petition to appeal, is filed with the supreme court. See s. 809.62. [Bill 396-S]
808.10 Annotation“Decision” under this section is the final decision disposing of the case. K.R. v. Rock County Department of Social Services, 85 Wis. 2d 444, 270 N.W.2d 581 (1978).
808.10 AnnotationIf a petition is not received by the clerk of the supreme court within 30 days, the court loses subject matter jurisdiction. The objection is not subject to waiver and will be raised on the court’s own motion. First Wisconsin National Bank of Madison v. Nicholaou, 87 Wis. 2d 360, 274 N.W.2d 704 (1979).
808.10 AnnotationThe untimely service of a petition filed under this section does not affect jurisdiction, but the opposing party may move to dismiss under s. 809.83 (2). State v. Rhone, 94 Wis. 2d 682, 288 N.W.2d 862 (1980).
808.10 AnnotationThe 30-day deadline for receipt of a petition for review is tolled on the date that a pro se prisoner delivers a correctly addressed petition to the proper prison authorities for mailing. State ex rel. Nichols v. Litscher, 2001 WI 119, 247 Wis. 2d 1013, 635 N.W.2d 292, 00-0853. See also State ex rel. Brown v. Bradley, 2003 WI 14, 259 Wis. 2d 630, 658 N.W.2d 427, 01-3324.
808.10 AnnotationUnless the supreme court explicitly states otherwise, a court of appeals opinion overruled by the supreme court no longer retains any precedential value. Blum v. 1st Auto & Casualty Insurance Co., 2010 WI 78, 326 Wis. 2d 729, 786 N.W.2d 78, 08-1324.
808.10 AnnotationPetitions for Review by the Wisconsin Supreme Court. Karch. 1979 WLR 1176.
Notes of Decisions
Cited in 4,255
cases (3,307 in the last 5 years), 1978–2026 · leading case: State Ex Rel. Brown v. Bradley
State Ex Rel. Brown v. Bradley (2003)
“Brown argues that the civil procedural rules apply, in part because one of the statutes governing the filing of petitions for review, Wis. Stat. § 808.10 , [4] is located within the chapters of the statutes which govern civil procedure.”
State Ex Rel. Nichols v. Litscher (2001)
“§ 808.10 (1999-2000) 1 states that a petition for review must be "filed in the supreme court within 30 days of the date of the decision of the court of appeals," making Nichols' petition for review due on February 25, 2000.”
Steven Johnson v. Brian Foster (2015)
“See Wis. Stat. §§ 808.10 (1), 809.62(lm).”
Ellsworth v. Schelbrock (2000)
“This court granted review pursuant to Wis. Stat. § 808.10 (1997-98). Analysis [1-3] ¶ 6.”
German v. Wisconsin Department of Transportation (2000)
“The DOT appealed to this court pursuant to Wis. Stat. § 808.10 (1997-98), which we granted.”
State v. Wyss (1985)
“" The State subsequently filed a petition for review, pursuant to sec. 808.10, Stats., to test the propriety of the court of appeals' grant of discretionary reversal.”
Just v. Land Reclamation Ltd. (1990)
“LRL petitioned this court for review pursuant to sec. 808.10, Stats., and we granted the petition.”
Winnebago County v. S.H. (2020)
“…to review an adverse decision by the Clerk of Court of Appeals Court of Appeals. See WIS. STAT. § 808.10 and RULE 809.62. Appeal No. 2019AP2277-FT Cir. Ct. No. 2019ME242 STATE OF WISCONSIN IN COURT OF APPEALS IN T”
State v. Anthony James Jendusa (2021)
“03 : "(1) to 11This court has jurisdiction to review a denial of leave to file an interlocutory appeal under both the Wisconsin Constitution and Wis. Stat. § 808.10 (1).”
Shands v. Castrovinci (1983)
“" [3] Castrovinci petitioned this court to review the court of appeals' decision affirming the trial court's order, but we denied the petition because it was not timely filed pursuant to sec. 808.10, Stats. [4] In our order of March 8, 1983, granting Shands' petition for review,…”
State v. Jenich (1980)
“" [2] Sec. 808.10, Stats., provides for review of a decision of the court of appeals by the supreme court: "808.”
Smith v. State (2012)
“Wis. Stat. Ann. § 808.10 (West 2012) ("A decision of the court of appeals is reviewable by the supreme court only upon a petition for review granted by the supreme court.”
— Wis. Stat. § 808.10(1) — 3 cases
State v. Anthony James Jendusa (2021)
“03 : "(1) to 11This court has jurisdiction to review a denial of leave to file an interlocutory appeal under both the Wisconsin Constitution and Wis. Stat. § 808.10 (1).”
Grady v. Smith (2021)
— Wis. Stat. § 808.10(2) — 1 case
Miller v. Pollard (2020)
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.