2023 Wisconsin Statutes & Annotations › Chapter 808 - Appeals and writs of error. › 808.075 - Permitted court actions pending appeal.

808.075
Permitted court actions pending appeal.
(1)
In any case, whether or not an appeal is pending, the circuit court may act under ss. 801.18 (16), 804.02 (2), 805.15, 805.16, 805.17 (3), 806.07, 806.08, 806.15 (2), 806.24 (4), 808.07 (1) and (2), and 809.12.
(2)
In a case appealed under s. 809.30, the circuit court retains the power to act on all issues until the notice of appeal has been filed with the clerk of the circuit court, except that the circuit court may not act upon any motion to extend a time limit that is specified in s. 809.30. Thereafter, the circuit court may act only as provided in subs. (1) and (4).
(3)
In a case not appealed under s. 809.30, the circuit court retains the power to act on all issues until the record has been transmitted to the court of appeals. Thereafter, the circuit court may act only as provided in subs. (1) and (4).
(4)
The circuit court may act as to the following despite the pendency of an appeal:
(a)
In a case under ch. 48:
1.
Review of actions by a guardian under s. 48.023.
2.
Review of nonsecure custody orders under s. 48.207.
3.
Review of secure detention orders under s. 48.208 and secure detention status reviews under s. 48.209 (1) (e).
4.
Hearing for child held in custody under s. 48.21 or an adult expectant mother of an unborn child held in custody under s. 48.213.
5.
Hearing upon involuntary removal under s. 48.305.
6.
Revision of dispositional order under s. 48.363.
7.
Extension of dispositional order under s. 48.365, unless s. 48.368 applies.
8.
Review of permanency plan under s. 48.38 (5).
9.
Release of confidential information under s. 48.396 or 48.78.
9m.
Review of the conduct of a guardian under s. 48.9795 (10).
10.
Revision of guardianship order under s. 48.977 (6).
11.
Termination of guardianship under s. 48.977 (7) or 48.9795 (11), including removal of a guardian.
12.
Rescission of a guardianship order under s. 48.978 (2) (L) 4., (m) 2. or (n) or (3) (d) 3. or 4., (j) 2. or 3. or (k) 2. or 3.
13.
Appointment of a successor guardian under s. 48.9795 (8).
14.
Order for visitation under s. 48.9795 (12).
(b)
In a case under ch. 51:
1.
Disposition, modification and extension of commitment under s. 51.20 (13).
2.
Reexamination of commitment under s. 51.20 (16).
3.
Enforcement of patient rights under s. 51.61.
4.
Commitment, conditional release, recommitment and discharge under s. 971.17 of a person found not guilty by reason of mental disease or defect.
(c)
In a case under ch. 55:
1.
Protective placement review under s. 55.18, modification under s. 55.16, or termination under s. 55.17.
2.
Hearing required upon transfer under s. 55.15.
3.
Enforcement of patient's rights under s. 55.23.
(d)
In a case under ch. 767:
1.
Revision of orders for legal custody or periods of physical placement under s. 767.41, 767.451, 767.461, or 767.481.
2.
Issuance or modification of orders for visitation rights under s. 767.43.
3.
Annual adjustment of child or family support under s. 767.553.
4.
Revision of judgment or order for child support, maintenance payments or family support payments under s. 767.59 or 767.89.
5.
Order for temporary maintenance, temporary child support or for suit money, counsel fees and disbursements in the appellate court under s. 767.273.
6.
Property division, where the court has expressly or impliedly reserved jurisdiction, provided the court does not revise or modify its final division of property.
7.
Vacation or modification of judgment under s. 767.35 (6).
8.
Revocation of judgment under s. 767.35 (7).
9.
Enforcement of payments under s. 767.77, 767.804 (3), 767.805 (4), or 767.89.
10.
Enforcement of orders under s. 767.78, 767.804 (3), 767.805 (4), or 767.89.
11.
Enforcement or modification of assignments under s. 767.513 or 767.75.
12.
Enforcement or modification of account transfers under s. 767.76.
13.
Determination of charges and issuance of repayment orders under s. 767.71.
(e)
In a case under chs. 701 or 853 to 879, any matter, unless the appellate court directs the trial court not to act on specific issues or the trial court declines to act because the matter directly affects the issues on appeal.
(f)
In a case under ch. 54:
1.
Review a bond under s. 54.46 (4) or 54.852 (9).
2.
Release of deposited funds under s. 54.46 (4) (b) 3.
4.
Appointment of successor guardian under s. 54.54 (1).
5.
Approval of guardian's exercise of marital property rights under s. 54.20 (2) (h).
6.
Approval of management of property under s. 54.19 or 54.20.
7.
Direction for use of estate for benefit of wards under s. 54.19 (4).
8.
Examination of annual accounts and assets under ss. 54.62 and 54.66.
9.
Removal of guardian under s. 54.68 (4) (d).
10.
Determination of petitions for instructions to guardian.
11.
Termination of guardianship under s. 54.64.
12.
Restoration of specific legal rights under s. 54.64 (2) (c).
13.
Authorization of purchase of a home for a ward under s. 54.852 (15) (a).
(fn)
In a case under ch. 938:
2.
Review of nonsecure custody orders under s. 938.207.
3.
Review of secure detention orders under s. 938.208 and secure detention status reviews under s. 938.209 (1) (a) 5.
4.
Hearing for juvenile held in custody under s. 938.21.
5.
Hearing upon involuntary removal under s. 938.305.
6.
Revision of dispositional order under s. 938.363.
7.
Extension of dispositional order under s. 938.365, unless s. 938.368 applies.
8.
Review of permanency plan under s. 938.38 (5).
9.
Release of confidential information under s. 938.396 or 938.78.
(g)
In a criminal case:
1.
Release on bond under s. 809.31 or 969.01 (2).
2.
Modification or revocation of bond under s. 969.01 (2) (e) or 969.08.
3.
Imposition of sentence upon revocation of probation under s. 973.10 (2) (a).
4.
Determination of sentence credit under s. 973.155.
5.
Modification of a condition of probation or extension of probationary term under s. 973.09 (3) (a).
6.
Modification of sentence.
7.
Commitment, conditional release, recommitment and discharge under s. 971.17 of a person found not guilty by reason of mental disease or defect.
(h)
Commitment, supervised release, recommitment, discharge, and postcommitment relief under s. 980.10, 2003 stats., or ss. 980.06, 980.08, 980.09 (4), and 980.101 of a person found to be a sexually violent person under ch. 980.
(5)
Notwithstanding the limitations of this section, any party may petition the appellate court for remand to the circuit court for action upon specific issues.
(6)
In addition to sub. (5), the appellate court may remand the record to the circuit court for additional proceedings while the appeal is pending.
(7)
Upon completion of an action taken by the circuit court under sub. (1), (4), (5) or (6) of this section, the clerk shall send a copy of the judgment or order to the appellate court.
(8)
If an appellate court remands the record to the circuit court for additional proceedings under sub. (5) or (6), the appellate court, in the pending appeal, may review the judgment or order that the circuit court enters following remand. If any party is aggrieved by the judgment or order of the circuit court, the party shall file in the appellate court a written statement of objections to the judgment or order within 14 days after the record is returned to the clerk of the appellate court. A party that files a statement of objections need not file an additional notice of appeal or cross-appeal.
History:  Sup. Ct. Order, 146 Wis. 2d xiii (1988); 1989 a. 86; 1993 a. 16, 446, 479, 481; 1995 a. 38, 73, 77, 275; 1997 a. 35, 191, 292, 296, 334; 1999 a. 9; Sup. Ct. Order No. 00-02, 2001 WI 39, 242 Wis. 2d xxvii; 2001 a. 16; 2005 a. 264, 387, 434; 2005 a. 443 ss. 263, 265; Sup. Ct. Order No. 14-03, 2016 WI 29, 368 Wis. 2d xiii; 2017 a. 365 s. 111; 2019 a. 95, 109; 2021 a. 238 ss. 44, 45; 2021 a. 240 s. 30.
Judicial Council Note, 1988: In re Marriage of Hengel v. Hengel, 120 Wis. 2d 522, 355 N. W. 2d 846 (Ct. App. 1984), the court of appeals held that since there is no specific statutory exception, the trial court had no competence to enter an order requiring the husband to contribute to his wife's attorney's fees for representation in the trial court after a notice of appeal had been filed. Section 808.075 is created to specify the actions that may be taken in circuit court after a notice of appeal has been filed in cases appealed under s. 809.30 and after transmittal of the record to an appellate court in other cases.
Matters affecting trusts and estates have historically been treated as a series of special proceedings, and the trial court is charged with ongoing supervision and administrative duties affecting such matters. Because of the ongoing involvement of the trial court, sub. (4) (e) reserves full competence to act, unless it is determined that competence should be restricted as to specific issues. [Re Order effective Jan. 1, 1989]
Judicial Council Note, 2001: The second sentence in sub. (2) is a codification of State v. Harris, 149 Wis. 2d 943, 440 N.W.2d 364 (1989). Subsection (8) is intended to clarify procedure following a remand and to eliminate an additional notice of appeal or cross-appeal. The obligations of a person filing a statement of objections are the same as those of a cross-appellant. [Re Order No. 00-02 effective July 1, 2001]
An indigent in a civil case is entitled to waiver of transcript fees on appeal if the trial judge finds that the indigent has arguable reason to believe that the indigent is entitled to redress on appeal. State ex rel. Girouard v. Circuit Court, 155 Wis. 2d 148, 454 N.W.2d 792 (1990).
Under sub. (1) and s. 808.07 (1), a circuit court has authority to confirm a sheriff's sale even though appeal of judgment of the foreclosure and sale is pending. Community National Bank v. O'Neill, 157 Wis. 2d 244, 458 N.W.2d 385 (Ct. App. 1990).
When the court of appeals remands an appeal to the trial court for a Girouard, 155 Wis. 2d 148 (1990), determination, the court of appeals has jurisdiction to review the trial court decision without need for filing a second notice of appeal. State v. Jacobus, 167 Wis. 2d 230, 481 N.W.2d 642 (Ct. App. 1992).