Wisconsin Statutes
Wis. Stat. § 809.50 (2026)
Rule (Appeal from judgment or order not appealable as of right)
✓ current as of July 2026
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809.50(1)(1) A person shall seek leave of the court to appeal a judgment or order not appealable as of right under s. 808.03 (1) by filing with the court of appeals within 14 days after the entry of the judgment or order a petition and supporting memorandum, if any. The petition and memorandum combined may not exceed 35 pages if a monospaced font or handwriting is used, or 8,000 words if a proportional serif font is used. The petition shall contain:
809.50(1)(c)(c) A statement showing that review of the judgment or order immediately rather than on an appeal from the final judgment in the case or proceeding will materially advance the termination of the litigation or clarify further proceedings therein, protect a party from substantial or irreparable injury, or clarify an issue of general importance in the administration of justice; and
809.50(1m)(1m) The clerk of the court of appeals shall docket the petition upon receipt of the items referred to under sub. (1). The clerk shall assign a case number, create a notice that the petition has been docketed, and transmit the notice and petition to the clerk of the circuit court. For electronic filing users in the circuit court case, receipt of the notice of docketing and the petition through the circuit court electronic filing system provides access to the appellate proceeding and constitutes service of the petition. Where service on the attorney general is required by s. 809.802 (1), service shall be made as provided in s. 809.802 (2). The clerk shall serve the notice of docketing on paper parties by traditional methods. The petitioner shall serve the petition on paper parties by traditional methods.
809.50(2)(2) An opposing party in circuit court shall file a response with supporting memorandum, if any, within 14 days after the service of the petition. The response and memorandum combined may not exceed 35 pages if a monospaced font or handwriting is used, or 8,000 words if a proportional serif font is used. Costs and fees may be awarded against any party in a petition for leave to appeal proceeding.
809.50(3)(3) If the court grants leave to appeal, the procedures for appeals from final judgments are applicable to further proceedings in the appeal. The entry of the order granting leave to appeal has the effect of the filing of a notice of appeal. The court may specify the issue or issues that it will review in the appeal. If the court grants leave to appeal, the petitioner shall file a docketing statement in the court of appeals if required by s. 809.10 (1) (d), identifying the issues to be reviewed in the appeal. The docketing statement shall be filed within 11 days after the date of the order granting the petition for leave to appeal.
809.50(4)(4) A person filing a petition or response under this section shall file with the petition or response a certification setting forth the word count or page count of the document as provided in sub. (1) or (2).
809.50 HistoryHistory: Sup. Ct. Order, 83 Wis. 2d xiii (1978); Sup. Ct. Order, 92 Wis. 2d xiii (1979); Sup. Ct. Order, 151 Wis. 2d xvii (1989); Sup. Ct. Order, 164 Wis. 2d xxix (1991); Sup. Ct. Order, 171 Wis. 2d xxxv (1992); Sup. Ct. Order No. 93-20, 179 Wis. 2d xxv; 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.
809.50 NoteJudicial Council Committee’s Note, 1978: Section 808.03 (1) makes only final judgments and final orders appealable as of right. All other judgments and orders are appealable only in the discretion of the court. This section provides the procedure for asking the court to permit the appeal of a nonfinal order. The issue of whether the court should hear the appeal is presented to the court by petition with both parties given the opportunity of submitting memoranda on the question. The standards on which nonfinal judgments or orders should be reviewed immediately are set forth in s. 808.03 (2) and are taken from the American Bar Association’s Standards of Judicial Administration, Standards Relating to Appellate Courts, s. 3.12 (b). [Re Order effective July 1, 1978]
809.50 NoteJudicial Council Committee’s Note, 1979: Sub. (1) (c) is amended to conform with 808.03 (2) (b), which sets out the standards created by the Wisconsin Legislature for appeals to the Court of Appeals by permission. A drafting error in the original preparation of chapter 809 replaced the word “or” found in 808.03 (2) (b) with the word “and”, which results in a party having to show in a petition to the Court of Appeals for the court to assume discretionary jurisdiction that granting such a petition will protect a party from both substantial “and” irreparable injury rather than meeting just one of the 2 criteria, as was the intention of the Wisconsin Legislature. [Re Order effective Jan. 1, 1980]
809.50 NoteJudicial Council Note, 2001: The time limits in subs. (1) and (2) were changed from 10 to 14 days. Please see the comment to s. 808.07. Subsection (3) specifies that the court may grant discretionary review on specified issues. This rule codifies Fedders v. American Family Mut. Ins. Co., 230 Wis. 2d 577, 601 N.W.2d 861 (Ct. App. 1999), 99-1526, which held a grant of leave to appeal from a nonfinal order or judgment does not authorize cross-appeals as of right from the same or from another nonfinal order or judgment; cross-appeals require a separate petition for leave to appeal. [Re Order No. 00-02 effective July 1, 2001]
809.50 NoteJudicial Council Note, 2002: Subsection (3) is amended to clarify the docketing statement requirements following the grant of a petition for leave to appeal a non-final order. [Re Order No. 02-01 effective January 1, 2003]
809.50 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.”
809.50 NoteComment, 2021: A petition for leave to appeal may be filed in the court of appeals and served through the circuit court case in the same manner as a pre-appeal motion under s. 809.14 (5). Where the state needs to be added as a party, the attorney general is served through the appellate electronic filing system.
809.50 AnnotationOnce leave to appeal is granted, a cross-appeal from the same interlocutory order or judgment in the action requires a petition for leave to appeal. Fedders v. American Family Mutual Insurance Co., 230 Wis. 2d 577, 601 N.W.2d 861 (Ct. App. 1999), 99-1526.
809.50 AnnotationA person who is granted leave to appeal a nonfinal order is limited solely to those issues outlined in the petition to the court of appeals. State v. Aufderhaar, 2004 WI App 208, 277 Wis. 2d 173, 689 N.W.2d 674, 03-2820.
809.50 AnnotationReversed on other grounds. 2005 WI 108, 283 Wis. 2d 336, 700 N.W.2d 4, 03-2820.
809.50 AnnotationInterlocutory Appeals in Wisconsin. Towers, Arnold, Tess-Mattner, & Levenson. Wis. Law. July 1993.
Notes of Decisions
Cited in 28
cases (4 in the last 5 years), 1980–2024 · leading case: State v. Vairin M., 2002 WI 96 (Wis. 2002).
State v. Vairin M., 2002 WI 96 (Wis. 2002). “First, the juvenile may bring a timely interlocutory appeal under Wis. Stat. § 809.50 and may move the court of appeals or the criminal court to stay the criminal proceedings pending appeal.”
State v. McClaren, 2009 WI 69 (Wis. 2009). “¶ 10 In its oral ruling, the circuit court imposed a reciprocal requirement that the State in turn provide a summary of any evidence it intended to use to rebut McClaren's McMorris evidence regarding Goehl.”
State v. Webb, 467 N.W.2d 108 (Wis. 1991). “Section 809.50, Stats. Further, he may challenge the bindover by supervisory writ if he can show that there was in fact a defect in subject matter or personal jurisdiction.”
State v. Armstead, 583 N.W.2d 444 (Wis. Ct. App. 1998). “, in the manner and within the deadline specified in § 809.50(1), Stats. Finally, we decline to respond to Armstead's emotional appeal.”
L. G., by Chippewa Fam. Servs., Inc. v. Aurora Residential Alternatives, Inc., 929 N.W.2d 590 (Wis. 2019). “Aurora moved the court of appeals to reconsider, specifically pointing out the statement on the Order indicating it was final for purposes of appeal.”
State v. Rivest, 316 N.W.2d 395 (Wis. 1982). “The court of appeals granted a permissive appeal from this order, pursuant to sec. 809.50, Stats., and petitioned this court for certification.”
Amber J.F. v. Richard B., 557 N.W.2d 84 (Wis. Ct. App. 1996). “Richard petitioned for leave to appeal this non-final order, pursuant to § 809.50, Stats., and we granted his petition.”
Dakin v. Marciniak, 2005 WI App 67 (Wis. Ct. App. 2005). “See Wis. Stat. § 809.50 . We granted the petition on June 1, 2004.”
Voit v. Madison Newspapers, Inc., 341 N.W.2d 693 (Wis. 1984). “The defendants filed a petition in the court of appeals for leave to appeal a non-final order, pursuant to sec. 809.50, Stats. The court of appeals certified the case to this court, and we accepted the certification.”
State v. Holland Plastics Co., 331 N.W.2d 320 (Wis. 1983). “The court of appeals granted the defendants’ petition for leave to appeal pursuant to sec. 809.50, Stats. 1979-80. The court of appeals then certified the case to this court pursuant to sec.”
State v. Krueger, 2001 WI App 76 (Wis. Ct. App. 2001). “Notably, the State did not move the court to reconsider its decision, and *803 did not file an interlocutory appeal with this court pursuant to Wis. Stat. § 809.50 . ¶ 14. The trial was postponed to August 12, apparently for scheduling reasons.”
Leavitt v. Beverly Enter., Inc., 2010 WI 71 (Wis. 2010). “03 (2) and § 809.50. ¶ 11 Shortly thereafter, Parker also filed a notice of appeal.”
— Wis. Stat. § 809.50(1) — 5 cases
State v. Armstead, 583 N.W.2d 444 (Wis. Ct. App. 1998). “, in the manner and within the deadline specified in § 809.50(1), Stats. Finally, we decline to respond to Armstead's emotional appeal.”
State v. Dominic E.W., 579 N.W.2d 282 (Wis. Ct. App. 1998).
State v. Wagner, 400 N.W.2d 519 (Wis. Ct. App. 1986).
State v. Wolverton, 533 N.W.2d 167 (Wis. 1995).
Sherleti Freeman v. SL Greenfield, LLC (Wis. Ct. App. 2023).
— Wis. Stat. § 809.50(3) — 4 cases
Secord v. Chrysler Corp., 292 N.W.2d 365 (Wis. Ct. App. 1980).
Vincent Foreman-Ante v. Edgerton Sch. Dist. (Wis. Ct. App. 2021).
State v. O.G. (Wis. Ct. App. 2022).
Richard A. Mueller v. TL90108, LLC (Wis. Ct. App. 2024).
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