Wisconsin Statutes

Wis. Stat. § 809.15 (2026)

Rule (Record on appeal)

✓ current as of July 2026

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809.15809.15 Rule (Record on appeal).

809.15(1)(1) Composition of record.

809.15(1)(a)(a) The record on appeal consists of the following unless the parties stipulate to the contrary:

809.15(1)(a)1.1. The initiating document by which the action or proceeding was commenced;

809.15(1)(a)2.2. Proof of service of summons or other process;

809.15(1)(a)3.3. Answer or other responsive pleading;

809.15(1)(a)4.4. Instructions to the jury;

809.15(1)(a)5.5. Verdict, or findings of the court, and order based thereon;

809.15(1)(a)6.6. Opinion of the court;

809.15(1)(a)7.7. Final judgment;

809.15(1)(a)8.8. Order made after judgment relevant to the appeal and documents upon which the order is based;

809.15(1)(a)9.9. Exhibits whether or not received in evidence, including photographs, video recordings, audio recordings, and computer media such as discs or flash drives, except that physical evidence, models, charts, diagrams, and photographs exceeding 8.5 x 11 inches in size shall not be included unless requested by a party to be included in the record;

809.15(1)(a)10.10. Any other document filed in the court requested by a party to be included in the record;

809.15(1)(a)11.11. Notice of appeal;

809.15(1)(a)12.12. Bond or undertaking;

809.15(1)(a)13.13. Transcript of court reporter’s verbatim record;

809.15(1)(a)14.14. Certificate of the clerk.

809.15(1)(b)(b) The clerk of the circuit court may request by letter permission of the court to substitute a photocopy for the actual paper or exhibit filed in the circuit court. A photocopy does not include a document that the clerk of the circuit court has electronically scanned into the court record as permitted under SCR 72.05.

809.15(1)(c)(c) For purposes of preparing the record on appeal, if the original record has been discarded as permitted under SCR 72.03 (3), the electronically scanned document constitutes the official court record.

809.15(1)(d)(d) If the record includes the redacted version of any document, it shall also contain the unredacted version if submitted to the circuit court. The unredacted version shall be marked as confidential.

809.15(1)(e)(e) If the record includes a sealed document, the document shall be marked as sealed.

809.15(2)(2) Compilation and approval of the record. The clerk of circuit court shall assemble the record in the order set forth in sub. (1) (a), identify each record item by its circuit court document number, date of filing, and title, and prepare a list of the numbered documents. The clerk shall use the document number assigned in the circuit court as the record number on appeal. The clerk shall also include in the list of numbered documents a list of exhibits not electronically maintained that are part of the record on appeal. At least 10 days before the due date for filing the record in the court, the clerk of the circuit court shall notify in writing each party appearing in the circuit court that the record has been assembled and is available for inspection. The clerk of the circuit court shall include with the notice the list of the documents constituting the record.

809.15(3)(3) Defective record. A party who believes that the record, including the transcript of the court reporter’s verbatim record, is defective or that the record does not accurately reflect what occurred in the circuit court may move the court in which the record is located to supplement or correct the record. Motions under this subsection may be heard under s. 807.13.

809.15(4)(4) Processing the record.

809.15(4)(a)(a) Transmittal of the record. The clerk of the circuit court shall electronically transmit the record to the court of appeals within 20 days after the date of the filing of the transcript designated in the statement on transcript or within 20 days after the date of the filing of a statement on transcript indicating that no transcript is necessary for prosecution of the appeal, unless the court extends the time for transmittal of the record or unless the tolling provisions of s. 809.14 (3) extend the time for transmittal of the record. If additional portions of the transcript are requested under s. 809.11 (5), the clerk of the circuit court shall transmit the record to the court of appeals within 20 days after the date of the filing of the additional portions of the transcript. The clerk of the circuit court shall transmit by traditional methods any original documents or exhibits not electronically maintained.

809.15(4)(b)(b) Late transcript. If the reporter fails to file the transcript within the time limit specified in the statement on transcript, the clerk of circuit court shall transmit the record not more than 90 days after the filing of the notice of appeal, unless the court of appeals extends the time for filing the transcript of the court reporter’s verbatim record. If the court extends the time for filing the transcript of the court reporter’s verbatim record, the clerk of circuit court shall transmit the record within 20 days after the date that the transcript is filed.

809.15(4)(c)(c) Supplementation or correction of record. Notwithstanding pars. (a) and (b), if a motion to supplement or correct the record is filed in circuit court, the clerk of circuit court may not transmit the record until the motion is determined. The clerk of the circuit court shall transmit to the clerk of the court of appeals a copy of any motion to supplement or correct the record that is filed in circuit court. The circuit court shall determine, by order, the motion to supplement or correct the record within 14 days after the filing or the motion is considered to be denied and the clerk of circuit court shall immediately enter an order denying the motion and shall transmit the record to the court of appeals within 20 days after entry of the order. If the circuit court grants the motion, the clerk of circuit court shall transmit the supplemented or corrected record to the court of appeals within 20 days after entry of the order or filing of the supplemental or corrected record in the circuit court, whichever is later.

809.15(4m)(4m) Notice of filing of record. The clerk of the court of appeals shall notify the clerk of circuit court and all parties appearing in the circuit court of the date on which the record was filed. When the clerk of the circuit court must transmit original documents or exhibits not electronically maintained by traditional methods, the date on which the record was filed is the date the electronic transmission and index was received by the clerk of the court of appeals.

809.15(5)(5) Agreed statement in lieu of record. The parties may file in the court within the time prescribed by sub. (4) an agreed statement of the case in lieu of the record on appeal. The statement must:

809.15(5)(a)(a) Show how the issues presented by the appeal arose and were decided by the trial court; and

809.15(5)(b)(b) Recite sufficient facts proved or sought to be proved as are essential to a resolution of the issues presented.

809.15 HistoryHistory: Sup. Ct. Order, 83 Wis. 2d xiii (1978); Sup. Ct. Order, 104 Wis. 2d xi (1981); Sup. Ct. Order, 141 Wis. 2d xiii (1987); 1987 a. 403; Sup. Ct. Order No. 00-02, 2001 WI 39, 242 Wis. 2d xxvii; Sup. Ct. Order No. 02-01, 2002 WI 120, 255 Wis. 2d xiii; Sup. Ct. Order No. 12-05, 2012 WI 112, 344 Wis. 2d xxxiii; Sup. Ct. Order No. 15-02, 2015 WI 102, 365 Wis. 2d xix; 2017 a. 365 s. 111; Sup. Ct. Order No. 19-01, 2019 WI 44, 386 Wis. 2d xvii; Sup. Ct. Order No. 20-07, 2021 WI 37, 397 Wis. 2d xiii.

809.15 NoteJudicial Council Committee’s Note, 1978: Sub. (1) substantially embodies former s. 251.25. It also permits the filing of a photocopy instead of the original record but only with the approval of the Court of Appeals, changing to some extent prior Rules 251.25 (13) and 251.27. Under this section the parties can stipulate to exclude some items from the record, but this should be done before the clerk assembles the record.

809.15 NoteSub. (2). The responsibility for having the record assembled and transmitted to the Court of Appeals is transferred from the appellant to the clerk of the trial court. It is not necessary to have the attorneys present at the pagination of the record. The federal procedure set forth in Rule 11 (b), FRAP, under which the clerk assembles the record and then notifies the parties so that they can inspect the record prior to it being sent to the Court of Appeals is adopted. Also adopted is the federal procedure of the clerk preparing a list of all the papers in the record. The former system of numbering each page in the record consecutively is abandoned for the simpler practice of assigning a letter or number to each document and using its internal page reference. Thus, the reference to the third page of the first document would be A-3 and to the fifth page of the second document B-5.

809.15 NoteSub. (3). This provision replaces former Rule 251.30 and s. 817.117.

809.15 NoteSubs. (4) and (5). The provisions of former Rules 251.29 and 251.28 are included in these subsections. [Re Order effective July 1, 1978]

809.15 NoteJudicial Council Committee’s Note, 1981: Sub. (4) is amended to provide for an expedited transmittal of the record for appeals in which a transcript is not necessary for prosecution of the appeal or a transcript is filed in less than the maximum time period permitted by ch. 809. [Re: Order effective Jan. 1, 1982]

809.15 NoteJudicial Council Note, 1988: Sub. (3) is amended to allow motions to correct the record to be heard by telephone conference. [Re: Order effective Jan. 1, 1988]

809.15 NoteJudicial Council Note, 2001: Subsection (2) requires that numbers be used to identify the contents of the record. Subsection (4) (a) recreates the general rule for record transmittal from former sub. (4). Exceptions to the general rule are set forth in subs. (4) (b) and (c). Subsection (4m) recreates the last sentence of former sub. (4). [Re: Order No. 00-02 effective July 1, 2001]

809.15 NoteNOTE: Sup. Ct. Order No. 15-02 states: The Comments to Wis. Stat. ss. 809.105 (3) and 809.15 are not adopted, but will be published and may be consulted for guidance in interpreting and applying the rule.

809.15 NoteComment, 2015: Effective July 1, 2016, the Wisconsin Supreme Court amended the Rules of Appellate Procedure to permit the clerk of circuit court to transmit the record to the appellate court electronically. The amendment applies to record transmittals due on or after July 1, 2016. [Re: Order No. 15-02 effective July 1, 2016]

809.15 NoteNOTE: Sup. Ct. Order No. 20-07 states that “the Comments to the statutes created pursuant to this order are not adopted, but will be published and may be consulted for guidance in interpreting and applying the rule.”

809.15 NoteComment, 2021: In 2016 the court adopted ss. 809.19 (2) (i) and 801.21 (9) relating to redaction and sealing of certain court documents. Sub. (1) addresses transmittal to the court of appeals of a record that contains redacted or sealed documents.

809.15 NoteIn 2018 the circuit court case management software began assigning a document number to each item in the circuit court record as it is filed. Sub. (2) requires the record index to use the same numbering on appeal. This will facilitate identification of documents and minimize confusion that may arise when a document is stamped with two different numbers by the circuit and appellate courts. If a circuit court record item is not included in the record on appeal, this will appear as a numbering gap in the index to the record.

809.15 NoteAn appellant’s failure to file a motion under sub. (3) did not constitute waiver of the right to challenge the adequacy of the transcript. State v. Perry, 136 Wis. 2d 92, 401 N.W.2d 748 (1987).

809.15 AnnotationIt is the appellant’s responsibility to assure that the record is complete. If the record is incomplete, it is assumed that the missing material supports the trial court’s ruling. Fiumefreddo v. McLean, 174 Wis. 2d 10, 496 N.W.2d 226 (Ct. App. 1993).

Notes of Decisions

Cited in 13 cases (2 in the last 5 years), 1985–2026 · leading case: Voces de la Frontera, Inc. v. David A. Clarke, Jr., 2017 WI 16 (Wis. 2017).

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Voces de la Frontera, Inc. v. David A. Clarke, Jr., 2017 WI 16 (Wis. 2017). · cites it 4× “He is not requesting, pursuant to Wis. Stat. § 809.15 (3), that this court supplement or correct the record because it does not accurately reflect what occurred in the circuit court.”

State v. Lamont L. Travis, 2013 WI 38 (Wis. 2013). · cites it 4× “1996); Wis. Stat. § 809.15 (1). 9 No. 2011AP685-CR.”

State v. Henley, 2010 WI 12 (Wis. 2009). · cites it 3× “For example, Wis. Stat. § 809.15 , which addresses the record on appeal, provides in relevant part: (1) Composition of record, (a) The record on appeal consists of the following unless the parties stipulate to the contrary: *13 1.”

State Ex Rel. Universal Processing Servs., LLC v. Circuit Court of Milwaukee Cnty., 2017 WI 26 (Wis. 2017). “AU files of the SM/R, including all submissions by ail parties in connection with this Order, shall become part of the formal record in this action, and shall be considered part of the record on appeal pursuant to § 809.”

State v. Perry, 381 N.W.2d 609 (Wis. Ct. App. 1985). · cites it 3× “The statute was repealed in 1978 and replaced with sec. 809.15(3), Stats., which provides: "A party who believes the record, including the transcript of the reporter's notes, is defective or does not accurately reflect what occurred in the trial court may move the court in which…”

Schaidler v. Mercy Med. Ctr. of Oshkosh, Inc., 563 N.W.2d 554 (Wis. Ct. App. 1997). “*470 1993); see also § 809.15(2), STATS, (the parties receive ten-day notice of the provisional contents of the record prior to its transmittal to the appellate court).”

First Weber Grp., Inc. v. Synergy Real Est. Grp., LLC, 2014 WI App 41 (Wis. Ct. App. 2014). · cites it 2× “1991) (appellant responsible for assembling and submitting record); see also Wis. Stat. § 809.15 (1)(a). However, the March 10, 2011 letter is reproduced in Graham's appendix and First Weber raises no issue as to its authenticity.”

Mercer v. Pamida, Fid. & Guar. Ins. Underwriters & State of Wisconsin Labor & Indus. Review Comm'n, 722 N.W.2d 400 (Wis. Ct. App. 2006). “§ 809.15(2), for the sake of efficiency, accuracy and consistency, LIRC would do a great service to appellate review if it followed this model in preparing its own record.”

Lisa's Style Shop, Inc. v. Hagen Ins. Agency, Inc., 499 N.W.2d 921 (Wis. Ct. App. 1993). “Alternatively, it moves the court to include the Heritage policy as part of the appellate record, pursuant to sec. 809.15(3), Stats. From our review of the material presented on Hagen's motion for summary judgment, we conclude the only permissible inference is that the peak…”

State v. Lamont L. Travis (Wis. 2013). · cites it 2× “1996); Wis. Stat. § 809.15 (1). 9 No. 2011AP685-CR.”

State v. J. D. B. (Wis. Ct. App. 2024). “§ 809.15(3) to supplement the record with this report, but we denied Jared’s motion.”

Bryan John Knutson v. Joseph Greggory Mercer (Wis. Ct. App. 2026). “§ 809.15(3) with eviction notices that Knutson gave to Mercer in August and September.”

Show all 13 citing cases →

— Wis. Stat. § 809.15(2) — 2 cases

— Wis. Stat. § 809.15(3) — 5 cases

State v. Perry, 381 N.W.2d 609 (Wis. Ct. App. 1985). “The statute was repealed in 1978 and replaced with sec. 809.15(3), Stats., which provides: "A party who believes the record, including the transcript of the reporter's notes, is defective or does not accurately reflect what occurred in the trial court may move the court in which…”

State v. J. D. B. (Wis. Ct. App. 2024). “§ 809.15(3) to supplement the record with this report, but we denied Jared’s motion.”

Bryan John Knutson v. Joseph Greggory Mercer (Wis. Ct. App. 2026). “§ 809.15(3) with eviction notices that Knutson gave to Mercer in August and September.”

City of Madison v. Crossfield, 691 N.W.2d 926 (Wis. Ct. App. 2004).

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