Wisconsin Statutes

Wis. Stat. § 809.13 (2026)

Rule (Intervention)

✓ current as of July 2026

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809.13809.13 Rule (Intervention). A person who is not a party to an appeal may file in the court of appeals a petition to intervene in the appeal. A party may file a response to the petition within 11 days after service of the petition. The court may grant the petition upon a showing that the petitioner’s interest meets the requirements of s. 803.09 (1), (2), or (2m).

809.13 HistoryHistory: Sup. Ct. Order, 83 Wis. 2d xiii (1978); 1981 c. 390 s. 252; Sup. Ct. Order No. 00-02, 2001 WI 39, 242 Wis. 2d xxvii; 2017 a. 369.

809.13 NoteJudicial Council Committee’s Note, 1978: Former s. 817.12 (6) permitted the addition of parties but did not set the criteria for doing so. This void is filled by making the intervention rule in the Rules of Civil Procedure applicable to proceedings in the Court of Appeals. [Re Order effective July 1, 1978]

809.13 NoteJudicial Council Note, 2001: The 7-day time limit has been changed to 11 days. Please see the comment to s. 808.07 (6) concerning time limits. [Re Order No. 00-02 effective July 1, 2001]

809.13 AnnotationA party who could have, but failed to, file a timely notice of appeal may not participate in the appeal as an intervenor or by filing a non-party brief. Weina v. Atlantic Mutual Insurance Co., 177 Wis. 2d 341, 501 N.W.2d 465 (Ct. App. 1993).

809.13 AnnotationA non-party to a circuit court action may intervene in an appeal brought by another party, even after the time for filing a notice of appeal has passed. City of Madison v. WERC, 2000 WI 39, 234 Wis. 2d 550, 610 N.W.2d 94, 99-0500.

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 2000–2023 · leading case: Johnson Controls, Inc. v. London Mkt., 2010 WI 52 (Wis. 2010).

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Johnson Controls, Inc. v. London Mkt., 2010 WI 52 (Wis. 2010). · cites it 4× “¶ 22 After we granted certification, five excess insurers involved in the litigation at the circuit court filed a motion to intervene under Wis. Stat. § 809.13 , stating that the issues before the court could affect not only London Market but their excess policies as well.”

City of Madison v. Wisconsin Emp. Relations Comm'n, 2000 WI 39 (Wis. 2000). · cites it 2× “Section 809.13 — Intervention — states: A person not a party to an appeal may file in the court a petition to intervene in the appeal.”

State Ex Rel. Kenneth S. v. Circuit Court for Dane Cnty., 2008 WI App 120 (Wis. Ct. App. 2008). · cites it 2× “The court reached this result because it was [n]evertheless .. .”

George T. Stelling v. Middlesex Ins. Co., 2023 WI App 10 (Wis. Ct. App. 2023). “§ 809.13. ¶18 Under Boyd, venue must be improper as to all defendants in order to entitle any one defendant to a change in venue.”

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.