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Wisconsin Statutes

Wis. Stat. § 809.103 (2026)

Appeals in proceedings related to prisoners

✓ current as of July 2026
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809.103809.103 Appeals in proceedings related to prisoners.
809.103(1)(1) In this section, “prisoner” has the meaning given in s. 801.02 (7) (a) 2.
809.103(2)(2) The appellate court shall notify the department of justice by a procedure developed by the director of state courts in cooperation with the department of justice when the appellate court rules that an appeal or supervisory writ proceeding brought by a prisoner meets any of the following conditions:
809.103(2)(a)(a) Is frivolous, as determined under s. 802.05 (2) or 895.044.
809.103(2)(b)(b) Is used for any improper purpose, such as to harass, to cause unnecessary delay or to needlessly increase the cost of litigation.
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809.103(2)(c)(c) Seeks review of a denial of monetary damages from a defendant who is immune from such relief.
809.103(2)(d)(d) There is no ground upon which relief may be granted.
809.103(3)(3) A prisoner is not relieved from paying the full filing fee related to an appeal or supervisory writ proceeding if the appellate court dismisses the appeal or supervisory writ proceeding for one of the reasons listed in sub. (2).
809.103 HistoryHistory: 1997 a. 133; Sup. Ct. Order No. 03-06A, 2005 WI 86, 280 Wis. 2d xiii; 2011 a. 2.
Notes of Decisions
Cited in 2 cases, 1998–1999 · leading case: State Ex Rel. Bergmann v. Faust, 595 N.W.2d 75 (Wis. Ct. App. 1999).
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State Ex Rel. Bergmann v. Faust, 595 N.W.2d 75 (Wis. Ct. App. 1999). · cites it 4× “16 We had previously ordered that Bergmann had to either pay the appellate filing fee of $150 or file the documentation required for a fee waiver for an appeal under 1997 Wis.”
Taylor v. Rock Cnty. Sheriff's Dep't, 588 N.W.2d 356 (Wis. Ct. App. 1998). · cites it 3× “They further request that, if we find this appeal frivolous, we notify the Department of Justice pursuant to § 809.103, Stats., as created by 1997 Wis.”
Wis. Stat. § 809.103(2): 1 case
State Ex Rel. Bergmann v. Faust, 595 N.W.2d 75 (Wis. Ct. App. 1999). “16 We had previously ordered that Bergmann had to either pay the appellate filing fee of $150 or file the documentation required for a fee waiver for an appeal under 1997 Wis.”
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