After The Appeal
Wis. Stat. 974.06 — a motion that may be made at any time, with every ground raised in it
At any time. After the time for appeal or the first postconviction remedy has expired, a prisoner in custody under sentence may move the sentencing court to vacate, set aside or correct the sentence, claiming a constitutional or legal violation, a lack of jurisdiction, a sentence over the maximum, or another ground of collateral attack. The motion is part of the original criminal action and may be made at any time.
Every ground at once. All grounds for relief must be raised in the original, supplemental or amended motion. A ground finally adjudicated, not raised, or knowingly waived may not support a later motion unless the court finds a sufficient reason it was not raised or was inadequately raised.
The hearing. Unless the files conclusively show no relief is due, the court has the district attorney respond, refers an indigent person to the state public defender if counsel appears necessary, and grants a prompt hearing. The proceeding is civil in nature, and the burden of proof is on the person.
An appeal. An appeal may be taken from the order on the motion as from a final judgment.
Federal habeas corpus has a deadline of its own, which runs separately and is not on this page. Whether a petition is timely, and which grounds can still be raised, are questions for a licensed Wisconsin attorney.
Sources for this section (1)
- Wis. Stat. 974.06 — Postconviction procedure
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Wisconsin attorney.