Deadlines After a Conviction
Wis. Stat. 809.30 — 20 days after sentencing for the notice of intent to pursue postconviction relief
20 days. Within 20 days after the date of sentencing, a defendant seeking postconviction relief in a criminal case files in circuit court, and serves on the prosecutor and any other party, a notice of intent to pursue postconviction relief. Counsel who represented the person at sentencing continues representation by filing the notice, unless discharged or allowed to withdraw before it is due.
Who handles this in Wisconsin: State Bar of Wisconsin Lawyer Referral Service; and legal aid programs and the state offices, listed in the Wisconsin directory.
Then 60 days. The person files in circuit court and serves a notice of appeal or a motion seeking postconviction relief within 60 days after the later of the service of the transcript or the circuit court case record. A motion is filed before a notice of appeal unless the grounds are sufficiency of the evidence or issues previously raised.
The order, and 20 days more. Unless an extension is granted by the court of appeals, the circuit court decides the motion by an order within 60 days after it is filed, or the motion is considered denied. A notice of appeal from the judgment and, if necessary, from the order on the motion is filed within 20 days of the entry of that order.
A motion under section 974.06, which may be made at any time, is on its own page. Assigned counsel on appeal, a stay pending appeal, and federal habeas corpus run on rules and deadlines of their own and are not on this page. Whether a deadline has passed in a particular case is a question for a licensed Wisconsin attorney.
Sources for this section (1)
- Wis. Stat. 809.30 — Rule (Appeals in s. 971.17 proceedings and in criminal, ch. 48, 51, 55, 938, and 980 cases)
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Wisconsin attorney.