Wisconsin Statutes

Wis. Stat. § 809.83 (2026)

Rule (Penalties for delay or noncompliance with rules)

✓ current as of July 2026

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809.83809.83 Rule (Penalties for delay or noncompliance with rules).

809.83(1)(1) Delay; extra costs and damages.

809.83(1)(a)(a) If the court finds that an appeal was taken for the purpose of delay, it may award any of the following:

809.83(1)(a)1.1. Double costs.

809.83(1)(a)2.2. A penalty in addition to interest not exceeding 10 percent on the amount of the judgment affirmed.

809.83(1)(a)3.3. Damages occasioned by the delay.

809.83(1)(a)4.4. Reasonable attorney fees.

809.83(1)(b)(b) A motion for costs, penalties, damages and fees under this subsection shall be filed no later than the filing of the respondent’s brief or, if a cross-appeal is filed, the cross-respondent’s brief.

809.83(2)(2) Noncompliance with rules. Failure of a person to comply with a court order or with a requirement of these rules, other than the timely filing of a notice of appeal or cross-appeal, does not affect the jurisdiction of the court over the appeal but is grounds for dismissal of the appeal, summary reversal, striking of a paper, imposition of a penalty or costs on a party or counsel, or other action as the court considers appropriate.

809.83 HistoryHistory: Sup. Ct. Order, 83 Wis. 2d xiii (1978); Sup. Ct. Order, 151 Wis. 2d xvii (1989); 1995 a. 225; Sup. Ct. Order No. 00-02, 2001 WI 39, 242 Wis. 2d xxvii.

809.83 NoteJudicial Council Committee’s Note, 1978: Former ss. 251.22, 251.23, 251.51, 251.56, 251.57, 251.73, 251.75, 251.77, 251.81, 251.82, 251.85 and 251.89, providing for specific penalties for delay and for certain rule violations, are replaced. In the event of a rule violation, the court is authorized to take such action as it considers appropriate. If the court finds an appeal was taken for purposes of delay, it can impose one or more of the four types of penalties specified in sub. (1). [Re Order effective July 1, 1978]

809.83 NoteJudicial Council Note, 2001: Subsection (2) is changed to allow appellate courts to sanction parties who violate court orders. [Re Order No. 00-02 effective July 1, 2001]

809.83 AnnotationThe untimely service of a petition filed under s. 808.10 does not affect jurisdiction, but the opposing party may move to dismiss under sub. (2). State v. Rhone, 94 Wis. 2d 682, 288 N.W.2d 862 (1980).

809.83 AnnotationSummary reversal of a dismissal order as a sanction under sub. (2) entitled the plaintiffs to a trial without consideration of the issue that resulted in the dismissal. State ex rel. Blackdeer v. Township of Levis, 176 Wis. 2d 252, 500 N.W.2d 339 (Ct. App. 1993).

809.83 AnnotationTo dismiss an appeal under sub. (2), there must be demonstrated egregious conduct or bad faith on the party’s or attorney’s part. In certain cases attorney bad faith may be imputed to the party, but the attorney conduct should involve the same litigation. It was improper to consider an attorney’s repeated requests for time extensions in other cases in denying a motion and dismissing the appeal. State v. Smythe, 225 Wis. 2d 456, 592 N.W.2d 628 (1999), 97-3191.

809.83 AnnotationThe court of appeals may not grant summary reversal of a circuit court order on appeal as a sanction without a finding of bad faith, egregious conduct, or a litigant’s abandonment of the appeal. Raz v. Brown, 2003 WI 29, 260 Wis. 2d 614, 660 N.W.2d 647, 01-2436.

Notes of Decisions

Cited in 25 cases (5 in the last 5 years), 1978–2026 · leading case: State v. Thames, 2005 WI App 101 (Wis. Ct. App. 2005).

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State v. Thames, 2005 WI App 101 (Wis. Ct. App. 2005). · cites it 11× “In doing so, this court explicitly advised Thames that failure to comply with the new deadline would result in dismissal of his appeal pursuant to Wis. Stat. § 809.83 (2) (1997-98). Still Thames filed no brief.”

Vorwald v. Sch. Dist. of River Falls, 482 N.W.2d 93 (Wis. 1992). · cites it 8× “Section 809.83(2).") Section 809.19(1)(e), Stats.”

In Re Marriage of Raz v. Brown, 2003 WI 29 (Wis. 2003). · cites it 3× “" Section 809.83(2) reads as follows: 809.83(2).”

Tennyson v. Sch. Dist. of the Menomonie Area, 2000 WI App 21 (Wis. Ct. App. 1999). · cites it 8× “Finally, Tennyson moves this court for double costs, a penalty, damages and reasonable attorney fees pursuant to § 809.83(1), Stats. ¶ 2. The district argues that: (1) it was denied a fair trial when the trial court relied upon California's constructive discharge law to instruct…”

State v. McMorris, 2007 WI App 231 (Wis. Ct. App. 2007). · cites it 2× “An appellate court is improperly burdened where briefs fail to properly and accurately cite to the record.”

State v. Shaffer, 292 N.W.2d 370 (Wis. Ct. App. 1980). · cites it 2× “4 Section 809.83(2), Stats., provides: NONCOMPLIANCE WITH RULES.”

State v. Bons, 2007 WI App 124 (Wis. Ct. App. 2007). · cites it 2× “Failure to comply with a requirement of the rules "is grounds for imposition of a penalty or costs on a party or counsel, or other action as the court considers appropriate.”

In Re Marriage of Mogged v. Mogged, 2000 WI App 39 (Wis. Ct. App. 1999). · cites it 2× “19 Section 809.83(2), STATS., reads: Noncompliance with Rules.”

Douglas v. Dewey, 433 N.W.2d 243 (Wis. 1989). · cites it 2× “Section 809.83(2), Stats., 1985-86, provides that ''[f]ailure of a person to comply with a requirement of these rules, other than the timely filing of a notice of appeal or cross-appeal, does not affect the jurisdiction of the court over the appeal but is grounds for dismissal…”

Tallmadge v. Skyline Constr., Inc., 272 N.W.2d 404 (Wis. Ct. App. 1978). “1 No allegations of fraud are contained in the complaint.”

Black v. St. Bernadette Congregation, 360 N.W.2d 550 (Wis. Ct. App. 1984). “…denied to respondents. 2 2 Because the respondents cited a nonpublished opinion in its brief, we deny costs. See sec. 809.83(2), Stats.”

LeClair v. Nat. Resources Bd., 483 N.W.2d 278 (Wis. Ct. App. 1992). “…issued by the DNR. Since the briefing schedule for this case had already been completed, we do not consider them. See sec. 809.83(2), Stats.”

Show all 25 citing cases →

— Wis. Stat. § 809.83(1) — 3 cases

Tennyson v. Sch. Dist. of the Menomonie Area, 2000 WI App 21 (Wis. Ct. App. 1999). “Finally, Tennyson moves this court for double costs, a penalty, damages and reasonable attorney fees pursuant to § 809.83(1), Stats. ¶ 2. The district argues that: (1) it was denied a fair trial when the trial court relied upon California's constructive discharge law to instruct…”

Holbach v. Classified Ins. Corp., 455 N.W.2d 260 (Wis. Ct. App. 1990).

Vincenti v. Stewart, 321 N.W.2d 340 (Wis. Ct. App. 1982).

— Wis. Stat. § 809.83(2) — 19 cases

Vorwald v. Sch. Dist. of River Falls, 482 N.W.2d 93 (Wis. 1992). “Section 809.83(2).") Section 809.19(1)(e), Stats.”

In Re Marriage of Raz v. Brown, 2003 WI 29 (Wis. 2003). “" Section 809.83(2) reads as follows: 809.83(2).”

State v. Thames, 2005 WI App 101 (Wis. Ct. App. 2005). “In doing so, this court explicitly advised Thames that failure to comply with the new deadline would result in dismissal of his appeal pursuant to Wis. Stat. § 809.83 (2) (1997-98). Still Thames filed no brief.”

State v. Shaffer, 292 N.W.2d 370 (Wis. Ct. App. 1980). “4 Section 809.83(2), Stats., provides: NONCOMPLIANCE WITH RULES.”

State v. Bons, 2007 WI App 124 (Wis. Ct. App. 2007). “Failure to comply with a requirement of the rules "is grounds for imposition of a penalty or costs on a party or counsel, or other action as the court considers appropriate.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.