Wisconsin Statutes

Wis. Stat. § 809.12 (2026)

Rule (Motion for relief pending appeal)

✓ current as of July 2026

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809.12809.12 Rule (Motion for relief pending appeal). A person seeking relief under s. 808.07 shall file a motion in the trial court unless it is impractical to seek relief in the trial court. A motion in the court must show why it was impractical to seek relief in the trial court or, if a motion had been filed in the trial court, the reasons given by the trial court for its action. A person aggrieved by an order of the trial court granting the relief requested may file a motion for relief from the order with the court. A judge of the court may issue an ex parte order granting temporary relief pending a ruling by the court on a motion filed pursuant to this rule. A motion filed in the court under this section must be filed in accordance with s. 809.14.

809.12 HistoryHistory: Sup. Ct. Order, 83 Wis. 2d xiii (1978); 1981 c. 390 s. 252.

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 1979–2021 · leading case: Madison Teachers, Inc. v. Scott Walker, 2013 WI 91 (Wis. 2013).

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Madison Teachers, Inc. v. Scott Walker, 2013 WI 91 (Wis. 2013). · cites it 4× “Yet the per curiam ignores these remedies without explanation: • The court may grant relief pending appeal, pursuant to Wis. Stat. § 809.12 and Wis. Stat. § 808.”

State v. Joseph G. Green, 2021 WI App 18 (Wis. Ct. App. 2021). “§ 809.12). That standard was modified by State v.”

Rohl v. State, 279 N.W.2d 731 (Wis. Ct. App. 1979). · cites it 2× “Sec. 809.12, Stats. The trial judge who decided the post-conviction motion claimed that he had no jurisdiction to grant bail.”

Scullion v. Wisconsin Power & Light Co., 2000 WI App 120 (Wis. Ct. App. 2000). “(a) Stay Must Ordinarily Be Sought in the First Instance in District Court; Motion for Stay in Court of Appeals. Application for a stay of the judgment or order of a district court pending appeal, or for approval of a supersedeas bond, or for an order suspending, modifying,…”

State v. Craft, 286 N.W.2d 619 (Wis. Ct. App. 1979). “07 and sec. 809.12, Stats. On December 5, 1978, the prosecutor and the defendant in this case signed a stipulation to the effect that the results of a polygraph examination to be taken on December 7, 1978, would be admissible in evidence at trial.”

Wisconsin Bankers Ass'n v. Mut. Sav. & Loan Ass'n, 307 N.W.2d 180 (Wis. 1981). “Mutual sought temporary relief from this injunction from the court of appeals under sec. 809.12, Stats. 1 On August 14, 1980, the court of appeals refused to stay the injunction.”

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