Wis. Stat. » CHAPTER 809 — RULES OF APPELLATE PROCEDURE
Wisconsin Statutes

Wis. Stat. § 809.40 (2026)

Rule (Appeals in termination of parental rights, ch

✓ current as of July 2026
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809.40809.40 Rule (Appeals in termination of parental rights, ch. 799, traffic regulation, municipal ordinance violation, and parental consent to abortion cases).
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809.40(1m)(1m) An appeal from an order denying a petition under s. 48.375 (7) is governed by the procedures specified in s. 809.105, and an appeal from an order or judgment under s. 48.43 is governed by the procedures specified in s. 809.107.
809.40(2)(2) An appeal to the court of appeals from a judgment or order in a ch. 799, traffic regulation or municipal ordinance violation case must be initiated within the time period specified in s. 808.04, and is governed by the procedures specified in ss. 809.01 to 809.26 and 809.50 to 809.85, unless a different procedure is expressly provided in ss. 809.41 to 809.42.
809.40(3)(3) Any civil appeal to the court of appeals under sub. (2) is subject to the docketing statement requirement of s. 809.10 (1) (d) and may be eligible for the expedited appeals program in the discretion of the court.
809.40 HistoryHistory: Sup. Ct. Order, 83 Wis. 2d xiii (1978); 1979 c. 32 s. 92 (16); Sup. Ct. Order, 92 Wis. 2d xiii (1979); 1979 c. 175 s. 53; 1979 c. 355; 1981 c. 390 s. 252; Sup. Ct. Order, 130 Wis. 2d xi, xix (1986); Sup. Ct. Order, 131 Wis. 2d xv (1986); Sup. Ct. Order, 136 Wis. 2d xxv (1987); 1991 a. 263; 1993 a. 395; 1995 a. 77; 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. 20-07, 2021 WI 37, 397 Wis. 2d xiii.
809.40 NoteJudicial Council Committee’s Note, 1978: Rule 809.40 establishes the time periods for appealing in a misdemeanor case or Chapter 48, 51 or 55 case or seeking postconviction relief in a misdemeanor case pursuant to s. 974.02 (1). It also makes the procedures set forth in Rules 809.30 to 809.32 apply to these types of cases.
809.40 NoteRules 809.41 to 809.43 establish special procedures for appeals that may be heard by one appellate judge. The appeal time periods in Chapter 299, traffic regulation and municipal ordinance violation cases, are found in s. 808.04. [Re Order effective July 1, 1978]
809.40 NoteJudicial Council Committee’s Note, 1979: Sub. (2) is repealed and recreated to place into it for purposes of clarity the appropriate reference in Chapter 808 containing the appeal time periods for Chapter 799, traffic regulations, and municipal ordinance violations cases. No substantive change is intended. [Re Order effective Jan. 1, 1980]
809.40 NoteJudicial Council Note, 2002: Sub. (1) is repealed to eliminate confusing cross-references to appeal procedures under Subchapter III. Appeals under former sub. (1) were and are governed by the procedures in ss. 809.30 to 809.32. [Re Order No. 02-01 effective January 1, 2003.]
Notes of Decisions
Cited in 4 cases, 1982–1996 · leading case: In Interest of Md (S), 485 N.W.2d 52 (Wis. 1992).
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In Interest of Md (S), 485 N.W.2d 52 (Wis. 1992). · cites it 2× “3 Section 809.40(1), Stats., provides: 809.”
State v. Redmond, 552 N.W.2d 115 (Wis. Ct. App. 1996). · cites it 2× “3 Section 809.40, STATS., governs the procedure for appeals from misdemeanor cases or a ch.”
T.T. v. M.T., 321 N.W.2d 289 (Wis. 1982). “” Sec. 809.40(1), Stats. 1977, read in part as follows: “An appeal to the court of appeals from a judgment or order in a .”
In Interest of MT, 321 N.W.2d 289 (Wis. 1982). “" Sec. 809.40(1), Stats. 1977, read in part as follows: "An appeal to the court of appeals from a judgment or order in a .”
— Wis. Stat. § 809.40(1) — 3 cases
In Interest of Md (S), 485 N.W.2d 52 (Wis. 1992). “3 Section 809.40(1), Stats., provides: 809.”
T.T. v. M.T., 321 N.W.2d 289 (Wis. 1982). “” Sec. 809.40(1), Stats. 1977, read in part as follows: “An appeal to the court of appeals from a judgment or order in a .”
In Interest of MT, 321 N.W.2d 289 (Wis. 1982). “" Sec. 809.40(1), Stats. 1977, read in part as follows: "An appeal to the court of appeals from a judgment or order in a .”
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