Wisconsin Statutes
Wis. Stat. § 809.60 (2026)
Rule (Petition to bypass)
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809.60(1)(a)(a) A party may file with the supreme court a petition to bypass the court of appeals pursuant to s. 808.05 no later than 14 days following the filing of the respondent’s brief under s. 809.19 or response. The petition must include a statement of reasons for bypassing the court of appeals.
809.60(1)(b)(b) The clerk shall docket the petition to bypass in the supreme court and notify the parties that the petition has been filed. For electronic filing users in the court of appeals proceeding, the notice of activity constitutes service of the petition and provides notification that the proceeding is pending before the supreme court. The clerk shall serve the notice of docketing on paper parties by traditional methods. The petitioner shall serve the petition for bypass on paper parties by traditional methods.
809.60(2)(2) An opposing party may file a response to the petition within 14 days after the service of the petition.
809.60(3)(3) The filing of the petition stays the court of appeals from taking under submission the appeal or other proceeding.
809.60(4)(4) The supreme court may grant the petition upon such conditions as it considers appropriate.
809.60(5)(5) Upon the denial of the petition by the supreme court the appeal or other proceeding in the court of appeals continues as though the petition had never been filed.
809.60 HistoryHistory: Sup. Ct. Order, 83 Wis. 2d xiii (1978); Sup. Ct. Order, 104 Wis. 2d xi (1981); Sup. Ct. Order No. 00-02, 2001 WI 39, 242 Wis. 2d xxvii; Sup. Ct. Order No. 20-07, 2021 WI 37, 397 Wis. 2d xiii.
809.60 NoteJudicial Council Committee’s Note, 1981: The amendment to sub. (1) establishes time periods for filing a bypass petition to discourage use of the petition for dilatory purposes. [Re Order effective Jan. 1, 1982]
809.60 NoteJudicial Council Note, 2001: The time limits in subs. (1) and (2) have been changed from 10 to 14 days. Please see the comment to s. 808.07. [Re Order No. 00-02 effective July 1, 2001]
809.60 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.”
809.60 NoteComment, 2021: Sub. (1) provides that when a petition to bypass is filed, electronic filing users will be served through the electronic filing system.
Notes of Decisions
Cited in 22
cases, 1981–2020 · leading case: Ferdon Ex Rel. Petrucelli v. Wisconsin Patients Comp. Fund, 2005 WI 125, 701 N.W.2d 440.
Ferdon Ex Rel. Petrucelli v. Wisconsin Patients Comp. Fund, 2005 WI 125, 701 N.W.2d 440. “[39] Wis. Stat. § 809.60 . [40] Guzman v. St. Francis Hosp.”
State Ex Rel. Two Unnamed v. Peterson, 2015 WI 85, 866 N.W.2d 165. “This case is before us on the Unnamed Movants' petitions to bypass the court of appeals pursuant to Wis. Stat. § 809.60 (2013-14). ¶5 The third case we address is a petition for a supervisory writ and a review of a decision of the court of 2 All subsequent references to the…”
Sheboygan Cnty. Dep't of Human Servs. v. Neal J.G., 2003 WI 11, 657 N.W.2d 363. “(Rule) § 809.60 (1999-2000). Neal J.G. (Neal) appeals an order of the Sheboygan County circuit court terminating his parental rights to his two children.”
Flynn v. Dep't of Admin., 576 N.W.2d 245 (Wis. 1998). “The circuit court also ordered a brief interim stay, pending determination by the court of appeals of the Department's motion to stay execution of the judgment pending appeal.”
Koback v. Crook, 366 N.W.2d 857 (Wis. 1985). “, circuit judge, on a petition by Leslie Koback and her parents, the plaintiffs-appellants, to bypass the court of appeals pursuant to sec. 809.60, Stats. In the circuit court, Judge Gergen, in response to a motion to dismiss, relying upon Wisconsin decisional law as it then…”
State v. McCrossen, 385 N.W.2d 161 (Wis. 1986). “The appeal is before this court pursuant to a bypass of the court of appeals, which this court granted under sec. 809.60, Stats. 1 The defendant’s first claim is that prosecution of her for driving while under the influence of intoxicants violates due process because the police…”
Scott N. Waller v. Am. Transmission Co., LLC, 2013 WI 77, 833 N.W.2d 764. “(Rule) § 809.60 (2011–12).1 We are asked to interpret the condemnation procedures in Wis.”
Jones v. Milwaukee Cnty., 485 N.W.2d 21 (Wis. 1992). “This is an appeal on bypass granted pursuant to sec. 809.60, Stats., 1989-90, from a decision by the Circuit Court for Milwaukee County, Patricia D.”
City of Cedarburg v. Ries B. Hansen, 2020 WI 11, 938 N.W.2d 463. “This case comes before us on bypass, pursuant to Wis. Stat. § 809.60 (2017–18),1 from the circuit court for Ozaukee County.”
Meier Ex Rel. Meier v. Champ's Sport Bar & Grill, Inc., 2001 WI 20, 623 N.W.2d 94. “(Rule) § 809.60 (1997-98). The plaintiff, Jason Meier (Meier), by his guardian, his mother Barbara Meier, appeals an order of the circuit court for Dane County, Judge Mark A.”
Mortier v. Town of Casey, 452 N.W.2d 555 (Wis. 1990). “[2] This appeal from the order entered on June 16, 1988, was accepted on bypass of the court of appeals (sec. 809.60, Stats.) pursuant to the joint petition of all parties.”
State v. Upchurch, 305 N.W.2d 57 (Wis. 1981). “, pursuant to the terms of sec. 809.60, Stats. The petition was granted on January 19,1981.”
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