Wisconsin Statutes 808.075 – Permitted court actions pending appeal
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Terms Used In Wisconsin Statutes 808.075
- Adult: means a person who has attained the age of 18 years, except that for purposes of investigating or prosecuting a person who is alleged to have violated any state or federal criminal law or any civil law or municipal ordinance, "adult" means a person who has attained the age of 17 years. See Wisconsin Statutes 990.01
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Property: includes real and personal property. See Wisconsin Statutes 990.01
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
- Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(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.
8. Review of permanency plan under s. 48.38 (5).
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).
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).
7. Direction for use of estate for benefit of wards under s. 54.19 (4).
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.
8. Review of permanency plan under s. 938.38 (5).
(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.