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Wis. Stat. § 809.83

Rule (Penalties for delay or noncompliance with rules)

Applied in 3 court decisions — leading case 2007 WI App 231 - State v. McMorris (2007)

Most recently applied in 2007 WI App 231 - State v. McMorris (September 2007)

Sup

How often courts cite this section

2004200710
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) DELAY; EXTRA COSTS AND DAMAGES.

(a) If the court finds that an appeal was taken for the purpose of delay, it may award any of the following: 1. Double costs. 2. A penalty in addition to interest not exceeding 10 percent on the amount of the judgment affirmed. 3. Damages occasioned by the delay. 4. Reasonable attorney fees.

(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.

(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.

Official source: Wisconsin State Legislature. Reproduced from public-domain Wisconsin statutes; confirm against the official source for the current text. Not legal advice.