State of Wisconsin Office of The State Public Defender State of Wisconsin Office of The State Public Defender
  S t a t e  o f  W i s c o n s i n
Office of The State Public Defender
Wisconsin Forward Award Mastery Recipient

Rule 809.30 Direct Appeal Time Table
For appeals in criminal and ch. 48 (except TPR), 51, 55 and 938 cases.
BETWEEN AND TIME
Sentencing or final adjudication Filing of Notice of Intent to Seek Postconviction or Postdisposition Relief 20 days
   809.30(2)(b)
Filing of Notice of Intent (where person requests representation by State Public Defender - SPD) Clerk of Court sending Notice, Judgment Roll, Court Reporter list to SPD Intake 5 days
   809.30(2)(c)(1)
Filing of Notice of Intent (where person will represent self or retain counsel) Clerk of Court sending Notice, Judgment Roll, Court Reporter list to unrepresented person or to person's retained counsel 5 days
   809.30(2)(c)(2)
SPD receipt of materials from Clerk of Court SPD Appointment of Counsel and request for transcripts and court record 30 days (if indigency does not need to be determined) or
50 days (if indigency needs to be determined or redetermined)
   809.30.(2)(e), 977.07(1)(c)
Filing of Notice of Intent Retained counsel or unrepresented person's request for transcripts and court record 30 days

or 90 days (if denied SPD representation)
   809.30(2)(f)

Request for transcripts Service of transcripts 60 days

or 20 days (for hearing on postconviction or postdisposition motion)
   809.30(2)(g)

Service of later of: last transcript or court record Notice of Appeal (and, in ch. 48, 51, 55 & 938 cases, a Docketing Statement)

OR

Postconviction or postdisposition motion (PCM)

60 days
(plus 3 days for mailed service)
   809.30(2)(h)&(j)
   801.15(5)
   809.10(1)(a)
Filing of PCM Decision on PCM 60 days
   809.30(2)(i)
Entry of order determining PCM Filing Notice of Appeal (and, in ch. 48, 51, 55 & 938 cases, a Docketing Statement) 20 days
   809.30(2)(j)
Service of later of: last transcript or court record Filing No Merit Notice of Appeal and No Merit Report 180 days, or 60 days after entry of order determining PCM, whichever is later.
   809.32(2)
Filing of Notice of Appeal Filing Statement on Transcript 14 days
   809.11(4)
Filing Statement on Transcript Service of any PCM hearing transcripts 20 days
   809.30(2)(g)
Filing of Notice of Appeal Transmission of record 40 days
   809.30(2)(k)
Filing of record in court of appeals (COA) Filing of Appellant's Brief 40 days
   809.19(1)
Appellant's Brief Filing of Respondent's Brief 30 days after the later of: date Appellant's brief served (plus 3 days for mailed service), date clerk accepts Appellant's brief for filing, or date record filed with clerk.
   809.19(3)(a)
Respondent's Brief Filing of Reply Brief 15 days after the later of: date Respondent's brief served (plus 3 days for mailed service) or date clerk accepts Respondent's brief for filing
   809.19(4)    
   801.15(5)
Filing of Reply Brief Decision of Court of Appeals Varies depending on court's schedule
Decision of Court of Appeals Filing motion to reconsider (does not toll time to file Petition for Review)   20 days           809.24                                                         

 

Decision of Court of Appeals Filing Petition for review 30 days
   809.62(1)
Petition for review Filing response to petition for review 14 days
(plus 3 days for mailed service)
   809.62(3)
   801.15(5)
Response to petition for review Decision in Supreme Court re: granting review Varies depending on court's schedule
Acceptance of petition of review Decision in Supreme Court Varies depending on court's schedule
   

Revised February 2003 ms

 
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