State Codes and Statutes

State Codes and Statutes

Statutes > Wisconsin > 809 > 809.60

809.60

SUBCHAPTER VI
APPELLATE PROCEDURE IN SUPREME COURT
809.60 Rule (Petition to bypass).

809.60(1)

(1) 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(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 – ANNOT.

History: 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.

809.60 – ANNOT.

Judicial 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 – ANNOT.

Judicial 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]