Wis. Stat. § 809.82

Rule (Computation and enlargement of time)

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809.82809.82 Rule (Computation and enlargement of time).

809.82(1)(1) Computation. In computing any period of time prescribed by these rules, the provisions of s. 801.15 (1) and (5) apply.

809.82(2)(2) Enlargement or reduction of time.

809.82(2)(a)(a) Except as provided in this subsection, the court upon its own motion or upon good cause shown by motion, may enlarge or reduce the time prescribed by these rules or court order for doing any act, or waive or permit an act to be done after the expiration of the prescribed time.

809.82(2)(b)(b) Notwithstanding par. (a), the time for filing a notice of appeal or cross-appeal of a final judgment or order, other than in an appeal under s. 809.107 or an appeal under s. 809.30 or 809.32, may not be enlarged.

809.82(2)(c)(c) The court may not enlarge the time prescribed for an appeal under s. 809.105 without the consent of the minor and her counsel.

809.82(2)(e)(e) Notwithstanding par. (a), the time for filing a motion for reconsideration under s. 809.24 may not be enlarged.

809.82 HistoryHistory: Sup. Ct. Order, 83 Wis. 2d xiii (1978); Sup. Ct. Order, 104 Wis. 2d xi (1981); 1981 c. 390 s. 252; 1991 a. 263; 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; 2005 a. 293; 2017 a. 258; Sup. Ct. Order No. 20-07, 2021 WI 37, 397 Wis. 2d xiii.

809.82 NoteJudicial Council Committee’s Note, 1978: Sub. (1). The provisions of the Rules of Civil Procedure as to computation of time are adopted for appeals to avoid any problems resulting from a lack of uniformity.

809.82 NoteSub. (2) continues the first sentence of former Rule 251.45. It eliminates the second sentence of that Rule permitting the attorneys by stipulation to extend the time for filing briefs if the extension does not interfere with the assignment of the case because this procedure interferes with the ability of the court to monitor cases pending before it and because it is not always certain when a case will be on an assignment. The Supreme Court considers that deadlines as to briefs and other actions in the court should have priority over all matters except previously scheduled trials in circuit and county courts and deadlines set by a federal court. Requests for extensions are not, consequently, looked upon with favor by the court. [Re Order effective July 1, 1978]

809.82 NoteJudicial Council Committee’s Note, 1981: Sub. (2) is amended to permit the court of appeals to extend the time for filing a notice of appeal or cross-appeal in appeals under Rules 809.30 and 809.40 (1), which cover criminal appeals and postconviction motions and appeals in ch. 48, 51 and 55 cases. When read with Rules 809.30 and 809.40 (1), the rule was previously ambiguous regarding extensions of time to file a notice of appeal or cross-appeal in ch. 48, 51 and 55 cases. The amendment clarifies the rules. Other than appeals under Rules 809.30 and 809.40 (1), the time for filing a notice of appeal or cross-appeal may not be extended. [Re Order effective Jan. 1, 1982]

809.82 NoteJudicial Council Note, 2001: Subsection (2) (d) was created to provide notice to the clerk of any motion affecting time limits. Subsection (2) (e) was created to facilitate computation of due dates on petitions for review. [Re Order No. 00-02 effective July 1, 2001]

809.82 AnnotationThe court of appeals abused its discretion by ordering oral argument one day after the petition for a writ was filed and served. State ex rel. Breier v. Circuit Court, 91 Wis. 2d 833, 284 N.W.2d 102 (1979).

809.82 AnnotationThe authority to extend the time for filing a notice of appeal under sub. (2) does not apply to appeals regarding terminations of parental rights under s. 809.107. Gloria A. v. State, 195 Wis. 2d 268, 536 N.W.2d 396 (Ct. App. 1995), 95-0315.

809.82 AnnotationA claim of ineffective assistance of appellate counsel must be brought by a petition for writ of habeas corpus. Utilizing sub. (2) as a substitute for habeas corpus, so as to avoid making a substantive determination that a defendant was denied the effective assistance of appellate counsel constitutes an erroneous exercise of discretion. State v. Evans, 2004 WI 84, 273 Wis. 2d 192, 682 N.W.2d 784, 02-1869. See also State ex rel. Santana v. Endicott, 2006 WI App 13, 288 Wis. 2d 707, 709 N.W.2d 515, 05-0332.

809.82 AnnotationIt is unwise and unhelpful to replace the good cause standard for deciding extension motions under this section with an ineffective assistance of counsel analysis under Evans, 2004 WI 84, when deciding requests for extensions of time to file notices of intent to pursue postconviction relief. State v. Quackenbush, 2005 WI App 2, 278 Wis. 2d 611, 692 N.W.2d 340, 02-0489.

809.82 AnnotationThe writ of habeas corpus may be used in the court of appeals to seek relief from a termination of parental rights (TPR) even though there is no restraint of liberty of the petitioner, when appellate counsel failed to appeal before the deadline. Under sub. (2) (b), the time for filing an appeal of a TPR may not be enlarged when the petition was filed by someone other than a representative of the public. If the court was not able to recognize the petitioner’s right to raise ineffectiveness of counsel, the petitioner will never have an appeal through no fault of his or her own. Amy W. v. David G., 2013 WI App 83, 348 Wis. 2d 593, 834 N.W.2d 432, 13-0731.

Notes of Decisions

Cited in 14 cases (2 in the last 5 years), 1982–2023 · leading case: State v. Evans

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State v. Evans (2004) wis · cites it 14× “While it is appropriate to resolve whether Wis. Stat. § 809.82 (2) was used correctly here, or whether the right procedure was to bring a habeas petition in accord with State v.”

Lorenzo D. Kyles v. William Pollard (2014) wis · cites it 22× “After attempts at obtaining relief in federal courts 4 were also unfruitful, Kyles filed a pro se motion with the court of appeals seeking to extend his deadline for filing notice of intent pursuant to Wis. Stat. § 809.82 (2). 5 The motion asserted that Kyles had been unable to…”

State v. Polashek (2002) wis · cites it 4× “" Wis. Stat. § 809.82 (2). In this case, the question of timeliness was fully briefed in Polashek's response to the State's motion to seek an interlocutory appeal, and a three-judge panel of the court of appeals, which decided the petition for leave to appeal, granted the appeal…”

Nash v. Hepp (2014) ca7 · cites it 3× “See Wis. Stat. § 809.82 (2)(a); State v.”

In the Matter of Disciplinary Proceedings Against Kalal (2002) wis · cites it 4× “[10] Wis. Stat. § 809.82 (1999-2000). See also Smythe, 225 Wis.”

Marvin Carter v. Chris Buesgen (2021) ca7 “…these statutory deadlines must be ﬁled with and granted by that court. See Wis. Stat. § 809.82 (2)(a). This is so even though the trial court rules on the postconvic- tion motion in the ﬁrst instance. No. 20-3140 5 Our point with all of this is to say t”

State v. Debra A. E. (1994) wis · cites it 2× “Section 809.82(2), Stats. 1991-92. 24 *135 Appointing Temporary Guardians.”

State v. Sutton (2012) wis · cites it 2× “W2d 364 (1989); Judicial Council Committee's Note, 1981, Wis. Stat. § 809.82 ("Sub. (2) is amended to permit the court of appeals to extend the time for filing a notice of appeal or cross-appeal in appeals under Rule[ ] 809.”

State v. Mahone (1985) wisctapp “See sec. 809.82(2)(b), Stats. Enlargement of the time for filing a notice of appeal under Rule 809.”

State v. Walker (2006) wis “(Rule) § 809.82(2), we conclude good cause exists to enlarge the time in which Walker can file a notice of intent to seek postconviction relief and a *342 postconviction motion.”

T.T. v. M.T. (1982) wis · cites it 3× “Petitioner’s time to file her notice of appeal was extended until February 9, 1981, but the appellate court reserved the question as to whether it had the authority to grant the enlargement in light of sec. 809.82, Stats. 7 ' .”

In Interest of MT (1982) wis · cites it 3× “Petitioner's time to file her notice of appeal was extended until February 9, 1981, but the appellate court reserved the question as to whether it had the authority to grant the enlargement in light of sec. 809.82, Stats. [7] Petitioner filed a notice of appeal on February 9,…”

Show all 14 citing cases →

— Wis. Stat. § 809.82(2) — 6 cases

State v. Evans (2004) wis “While it is appropriate to resolve whether Wis. Stat. § 809.82 (2) was used correctly here, or whether the right procedure was to bring a habeas petition in accord with State v.”

Lorenzo D. Kyles v. William Pollard (2014) wis “After attempts at obtaining relief in federal courts 4 were also unfruitful, Kyles filed a pro se motion with the court of appeals seeking to extend his deadline for filing notice of intent pursuant to Wis. Stat. § 809.82 (2). 5 The motion asserted that Kyles had been unable to…”

State v. Debra A. E. (1994) wis “Section 809.82(2), Stats. 1991-92. 24 *135 Appointing Temporary Guardians.”

T.T. v. M.T. (1982) wis “Petitioner’s time to file her notice of appeal was extended until February 9, 1981, but the appellate court reserved the question as to whether it had the authority to grant the enlargement in light of sec. 809.82, Stats. 7 ' .”

— Wis. Stat. § 809.82(2)(a) — 2 cases

Pope v. Wells (2023) wied

— Wis. Stat. § 809.82(2)(b) — 1 case

State v. Mahone (1985) wisctapp “See sec. 809.82(2)(b), Stats. Enlargement of the time for filing a notice of appeal under Rule 809.”

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