How long do I have to file a notice of appeal in Wisconsin?

Generally 45 days after entry of the final judgment or order, if written notice of entry is given within 21 days of entry. If no such notice is given within those 21 days, the deadline becomes 90 days after entry instead (Wis. Stat. 808.04(1); 806.06(5)).

Where do I file a Wisconsin notice of appeal?

With the clerk of the circuit court where the judgment or order was entered, not the Court of Appeals. The circuit court clerk transmits the notice, docketing statement, and record to the Court of Appeals within 3 days of filing (Wis. Stat. 809.10(1)(a); 809.11(2)).

Does Wisconsin have an official notice of appeal form?

Yes. Wisconsin's Court of Appeals uses form CA-120, Notice of Appeal, captioned to Wis. Stat. 809.10(1)(a), 809.11(2), and 809.25. It asks for the Court of Appeals district number, the parties, the presiding judge, and the date and description of the judgment or order.

How is a Wisconsin small claims appeal different from an eviction appeal?

An ordinary small-claims judgment under ch. 799 is appealed to the Court of Appeals on the existing record, on the same 45/90-day clock as any other civil case; there is no separate small-claims trial de novo. An eviction judgment under ch. 799 subch. IV instead carries an expedited 15-day appeal deadline, and a defendant's appeal does not stay the judgment unless the defendant serves and files, with the notice of appeal, an undertaking in an amount and with surety approved by the judge (Wis. Stat. 799.445; 808.04(2)).

How much does it cost to file a notice of appeal in Wisconsin?

Filing an appeal, cross-appeal, or petition for review costs $195, payable to the Clerk of the Court of Appeals (Wis. Stat. 809.25(2)(a)1.); confirm the current fee with the clerk. An appellant may file a petition or motion for waiver of the fee under Wis. Stat. 814.29(1) or (1m), using the Court of Appeals' form (Wis. Stat. 809.11(1)).

Do I need to file a docketing statement with a Wisconsin notice of appeal?

Yes, unless you are self-represented. A completed docketing statement, on a form the Court of Appeals prescribes, must accompany the notice of appeal filed in the circuit court; a self-represented party is exempt from this requirement (Wis. Stat. 809.10(1)(d)).

Wisconsin Notice of Appeal

Q: Does filing a motion to reconsider extend the Wisconsin appeal deadline?

Generally no. No additional time is granted while an ordinary motion to reconsider, vacate, or modify is being considered by the circuit court. The one exception is a motion for reconsideration after a case tried to the court without a jury under Wis. Stat. 805.17(3), which can restart or hold the clock depending on how and when the circuit court rules.

Q: Can a Wisconsin court extend the notice-of-appeal deadline?

No, not for an ordinary civil appeal. Wis. Stat. 809.82(2)(b) states that the time for filing a notice of appeal of a final judgment or order may not be enlarged, except in termination-of-parental-rights appeals and criminal or juvenile postconviction appeals.

Q: Does filing a Wisconsin notice of appeal stop the other side from collecting the judgment?

No, not by itself. An appeal does not stay execution or enforcement of the judgment except as expressly provided by law (Wis. Stat. 808.07(1)); the circuit or appellate court may stay execution during the appeal, and for a money judgment the circuit court sets the amount of the undertaking required to stay execution, capped at $100,000,000 (Wis. Stat. 808.07(2)(a)1., (2m)(a)).

Wisconsin's clock depends on whether notice of entry was given within 21 days of entry, and an ordinary motion to reconsider generally does not pause it while pending.

Find out where you stand in Wisconsin

Where are you in the appeal?

DocDraft provides document preparation, not legal advice.

Introduction

In Wisconsin, a notice of appeal from a final civil judgment or order is due within 45 days of entry of that judgment or order if written notice of its entry is given within 21 days of entry, or within 90 days of entry if such notice is not given within that 21-day window (Wis. Stat. 808.04(1); 806.06(5)). An eviction judgment under ch. 799 subch. IV carries its own expedited 15-day deadline instead (Wis. Stat. 799.445; 808.04(2)). Filing a motion to reconsider, vacate, or modify the judgment generally does not pause this clock at all: no additional time is granted while such a motion is being considered by the circuit court. The one exception is a motion for reconsideration after a case tried to the court without a jury under Wis. Stat. 805.17(3): if granted and the judgment is amended, the clock restarts at entry of the amended judgment; if denied, the clock starts when the court denies the motion on the record or enters an order denying it, whichever is first; and if the circuit court does not decide the motion within 90 days after entry of judgment, the motion is deemed denied and the clock starts 90 days after the judgment. The deadline generally cannot be extended: the time for filing a notice of appeal of a final judgment or order may not be enlarged, except in termination-of-parental-rights appeals and criminal or juvenile postconviction appeals, neither of which applies to an ordinary civil case (Wis. Stat. 809.82(2)(b)). The notice is filed with the clerk of the circuit court where the judgment was entered, not the Court of Appeals directly; the circuit court clerk then transmits the notice, docketing statement, and record to the Court of Appeals within 3 days of filing (Wis. Stat. 809.10(1)(a); 809.11(2)). Wisconsin has no separate small-claims appellate track: a small-claims judgment under ch. 799 is appealed to the Court of Appeals on the existing record, the same as any other civil judgment, except that an eviction judgment carries the 15-day deadline described above. The Court of Appeals reviews the circuit court record for legal error; it is not a new trial. Wisconsin's official Notice of Appeal, form CA-120, lists the required fields and the filing fee, and the court's form controls. Filing the notice does not by itself stop enforcement of the judgment: an appeal does not stay execution or enforcement except as the statute or another law expressly provides, (Wis. Stat. 808.07(1)). The circuit or appellate court may stay execution during the appeal, and for a money judgment the circuit court sets the amount of the undertaking required to stay execution (Wis. Stat. 808.07(2)(a)1., (2m)(a)). This page covers a civil appeal from a final circuit court judgment. Criminal, administrative-agency, federal, and interlocutory appeals follow separate procedures and are not covered here. Attorney review is available before you file.

Key Things to Know

1
The notice of appeal is due 45 days after entry of the final judgment or order if written notice of entry is given within 21 days of entry, or 90 days after entry if it is not (Wis. Stat. 808.04(1); 806.06(5)). An eviction judgment under ch. 799 subch. IV has an expedited 15-day deadline instead (Wis. Stat. 799.445; 808.04(2)). Filing a motion to reconsider, vacate, or modify generally does not pause this clock; the only exception is a motion for reconsideration after a case tried to the court without a jury under Wis. Stat. 805.17(3).
2
The deadline is generally not extendable. Wis. Stat. 809.82(2)(b) provides that the time to file a notice of appeal may not be enlarged, except in termination-of-parental-rights appeals and criminal or juvenile postconviction appeals, neither of which applies to an ordinary civil judgment.
3
File the notice with the clerk of the circuit court where the judgment was entered, not the Court of Appeals. The circuit court clerk transmits the notice, docketing statement, and record to the Court of Appeals within 3 days of filing (Wis. Stat. 809.10(1)(a); 809.11(2)).
4
A completed docketing statement, on a form prescribed by the Court of Appeals, must accompany the notice of appeal when it is filed, except a self-represented party is not required to file one (Wis. Stat. 809.10(1)(d)).
5
Wisconsin's official Notice of Appeal, form CA-120, is captioned to Wis. Stat. 809.10(1)(a), 809.11(2), and 809.25, and states the filing fee on its face; the court's form controls. Copies must be served on opposing counsel and any other party, and e-filing counts as service on e-filing parties (Wis. Stat. 809.10(1)(h)).
6
Filing an appeal, cross-appeal, or petition for review costs $195, payable to the Clerk of the Court of Appeals (Wis. Stat. 809.25(2)(a)1.; confirm the current fee with the clerk). No general cost bond is required to perfect a civil appeal, but in an eviction action a defendant's appeal does not stay the judgment unless the defendant serves and files, with the notice of appeal, an undertaking in an amount and with surety approved by the judge (Wis. Stat. 808.07(3); 799.445).
7
Filing the notice does not by itself stop enforcement of the judgment (Wis. Stat. 808.07(1)). There is no distinct small-claims appellate track: a small-claims judgment goes to the Court of Appeals on the existing record, the same as any other civil case, except for the 15-day eviction deadline.

Key decisions before you file

Before you file a Notice of Appeal in Wisconsin, a few decisions shape the document: which option to choose and what each one means. The Notice of Appeal guide walks through them.

Open the Notice of Appeal guide

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NOTE: Wisconsin's Court of Appeals uses an official Notice of Appeal, form CA-120, asking for the court of appeals district number, the parties, the presiding judge, and the date and description of the judgment or order, and stating the filing fee on its face. The court's form controls; this draft follows the contents Wis. Stat. 809.10(1)(b) requires.

STATE OF WISCONSIN CIRCUIT COURT [COUNTY] COUNTY

[PLAINTIFF NAME], Plaintiff, v. Case No. [CASE NUMBER] [DEFENDANT NAME], Defendant.

NOTICE OF APPEAL

TO THE CLERK OF CIRCUIT COURT AND TO ALL PARTIES OF RECORD:

PLEASE TAKE NOTICE that [APPELLANT NAME], [PLAINTIFF OR DEFENDANT] in the above-captioned action, appeals to the Wisconsin Court of Appeals, District [DISTRICT NUMBER], from the [DESCRIPTION OF JUDGMENT OR ORDER] entered in this action on [DATE ENTERED].

This appeal [IS OR IS NOT] one of the case types listed in Wis. Stat. 752.31(2) to be decided by a single judge of the court of appeals.

This appeal [IS OR IS NOT] entitled to statutory preference in the circuit court or court of appeals.

[IF APPLICABLE: Written notice of entry of the judgment or order appealed from was given on [DATE NOTICE OF ENTRY WAS GIVEN], within 21 days of entry, and this notice of appeal is filed within 45 days of entry as Wis. Stat. 808.04(1) and 806.06(5) require.]

[IF APPLICABLE: No written notice of entry of the judgment or order appealed from was given within 21 days of entry, and this notice of appeal is filed within 90 days of entry as Wis. Stat. 808.04(1) and 806.06(5) allow.]

[IF APPLICABLE: This is an appeal from an eviction judgment or order under Wis. Stat. ch. 799 subch. IV, filed within 15 days of entry as Wis. Stat. 799.445 and 808.04(2) require.]

A docketing statement on the form the Court of Appeals prescribes [ACCOMPANIES THIS NOTICE, OR IS OMITTED BECAUSE APPELLANT IS SELF-REPRESENTED], as Wis. Stat. 809.10(1)(d) provides.

Appellant understands that filing this notice does not by itself stay execution or enforcement of the judgment or order under Wis. Stat. 808.07(1).

Dated: [DATE OF FILING]

[SIGNATURE] [NAME OF APPELLANT OR ATTORNEY] [ADDRESS] [CITY, WISCONSIN ZIP] [PHONE] [EMAIL] State Bar No. [BAR NUMBER, IF AN ATTORNEY]

CERTIFICATE OF SERVICE

I certify that on [DATE OF SERVICE], a copy of this Notice of Appeal was served on [NAME OF OPPOSING COUNSEL AND ANY OTHER PARTY] by [METHOD OF SERVICE].

[SIGNATURE] [NAME]

Wisconsin Requirements for Notice of Appeal

45 or 90-Day Deadline Depends on Notice of Entry
The notice of appeal is due 45 days after entry of judgment if written notice of entry is given within 21 days of entry, or 90 days after entry if it is not (Wis. Stat. 808.04(1); 806.06(5)).
Expedited 15-Day Eviction Appeal Deadline
An eviction judgment or order under Wis. Stat. ch. 799 subch. IV carries an expedited 15-day appeal deadline instead of the general 45/90-day rule (Wis. Stat. 799.445; 808.04(2)).
No Tolling for Ordinary Post-Judgment Motions
Filing a motion to reconsider, vacate, or modify the judgment generally does not extend the appeal clock. The sole exception is a motion for reconsideration after a case tried to the court without a jury under Wis. Stat. 805.17(3).
Deadline Generally Cannot Be Enlarged
Wis. Stat. 809.82(2)(b) provides that the time to file a notice of appeal of a final judgment or order may not be enlarged, except in termination-of-parental-rights appeals and criminal or juvenile postconviction appeals.
Filed With the Circuit Court Clerk
The notice of appeal is filed with the clerk of the circuit court where the judgment was entered, not the Court of Appeals directly; the clerk transmits the notice, docketing statement, and record to the Court of Appeals within 3 days (Wis. Stat. 809.10(1)(a); 809.11(2)).
Docketing Statement Required Unless Self-Represented
A completed docketing statement, on a form the Court of Appeals prescribes, must accompany the notice of appeal, except a self-represented party is not required to file one (Wis. Stat. 809.10(1)(d)).
Form CA-120 and the $195 Filing Fee
Wisconsin's official Notice of Appeal, form CA-120, states the $195 filing fee due to the Clerk of the Court of Appeals; confirm the current fee with the clerk (Wis. Stat. 809.25(2)(a)1.).
Filing Alone Does Not Stay the Judgment
Filing the notice does not by itself stay execution or enforcement of the judgment (Wis. Stat. 808.07(1)). A court may stay execution; for a money judgment the circuit court sets the undertaking amount, capped at $100,000,000 (Wis. Stat. 808.07(2)(a)1., (2m)(a)). In an eviction action, a defendant's appeal does not stay the judgment unless the defendant serves and files, with the notice, an undertaking in an amount and with surety approved by the judge (Wis. Stat. 799.445).
No Distinct Small-Claims Appellate Track
A small-claims judgment under ch. 799 is appealed to the Court of Appeals on the existing record, the same as any other civil case, not retried, except for the 15-day eviction deadline.

Find out where you stand in Wisconsin

Introduction

Key Things to Know

Key decisions before you file

Customize your Notice of Appeal Template with DocDraft

Wisconsin Requirements for Notice of Appeal

45 or 90-Day Deadline Depends on Notice of Entry

Expedited 15-Day Eviction Appeal Deadline

No Tolling for Ordinary Post-Judgment Motions

Deadline Generally Cannot Be Enlarged

Filed With the Circuit Court Clerk

Docketing Statement Required Unless Self-Represented

Form CA-120 and the $195 Filing Fee

Filing Alone Does Not Stay the Judgment

No Distinct Small-Claims Appellate Track

Frequently Asked Questions