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809.32.Rule (No merit reports).

Ch. 809: Rules of Appellate Procedure · Last amended 2021 · Last verified July 15, 2026

In one sentenceSection 809.32 sets the procedure appointed counsel must follow when counsel concludes a direct appeal would be frivolous -- filing a no-merit report that identifies and explains away every arguable issue, giving the client a chance to respond, and letting the court of appeals decide whether further proceedings would have any point.

Full Text of Section 809.32

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(1) NO-MERIT REPORT, RESPONSE, AND SUPPLEMENTAL NO-MERIT REPORT. (a) Nomerit report. If an attorney appointed under s. 809.30 (2) (e) or ch. 977 concludes that a direct appeal on behalf of the person would be frivolous and without any arguable merit within the meaning of Anders v. California, 386 U.S. 738 (1967), and the person requests that a no-merit report be filed or declines to consent to have the attorney close the file without further representation by the attorney, the attorney shall file with the court of appeals a no-merit report. The no-merit report shall identify anything in the record that might arguably support the appeal and discuss the reasons why each identified issue lacks merit. The no-merit report shall comply with the form requirements of s. 809.19 (8) (b) and (bm). The no-merit report shall not exceed 50 pages if a monospaced font or handwriting is used, or 13,000 words if a proportional serif font is used. The no-merit report shall be submitted with a signed certification setting forth the word count or page count of the report. (b) Counseling and notification. 1. Prior to the filing of a nomerit report, the attorney shall discuss with the person all potential issues identified by the attorney and the person, and the merit of an appeal on these issues. The attorney shall inform the person that he or she has 3 options: a. To have the attorney file a no-merit report; b. To have the attorney close the file without an appeal; or c. To have the attorney close the file and to proceed without an attorney or with another attorney retained at the person’s expense. 2. The attorney shall inform the person that a no-merit report will be filed if the person either requests a no-merit report or does not consent to have the attorney close the file without further representation by the attorney. The attorney shall inform the person that if a no-merit report is filed the attorney will serve a copy of the transcripts and the circuit court case record upon the person at the person’s request. The attorney shall inform the person that, if the person chooses to proceed with an appeal or chooses to have the attorney close the file without an appeal, the attorney will forward the attorney’s copies of the transcripts and circuit court case record to the person at the person’s request. The attorney shall also inform the person that the person may file a response to the no-merit report and that the attorney may file a supplemental nomerit report and affidavit or affidavits containing facts outside the record, possibly including confidential information, to rebut allegations made in the person’s response to the no-merit report. (c) Certification by attorney. The attorney shall include with the no-merit report a signed certification that the attorney has complied with the length requirement of par. (a) and the clientcounseling and client-notification requirements of par. (b). Certification of a brief under par. (a) and certification of client counseling and client notification under par. (b) may be combined in a single document for signature. The certification may be electronically signed by the attorney in accordance with s. 809.801 (12) (a). The certification shall be in the following form: CERTIFICATION BY ATTORNEY I hereby certify that I have discussed with my client all potential issues identified by me and by my client and the merit of an appeal on these issues, and I have informed my client that the client must choose one of the following 3 options: 1) to have me file a no-merit report; 2) to have me close the file without an appeal; or 3) to have me close the file and to proceed without an attorney or with another attorney retained at my client’s expense. I have informed my client that a no-merit report will be filed if the client either requests a no-merit report or does not consent to have me close the file without further representation. I have informed my client that the transcripts and circuit court case record will be forwarded at the client’s request. I have also informed my client that the client may file a response to the no-merit report and that I may file a supplemental no-merit report and affidavit or affidavits containing matters outside the record, possibly including confidential information, to rebut allegations made in my client’s response to the no-merit report. I further certify that this no-merit report conforms to the length limit set out in s. 809.32 (1) (a). The length of this report is .... [pages] [words]. Signed:.... Signature (d) Service of copy of no-merit report, transcript, and circuit court case record. The attorney shall serve a copy of the no-merit report on the person and shall file a statement in the court of appeals that service has been made upon the person. The attorney shall also serve upon the person a copy of the transcript and circuit court case record within 5 days after receipt of a request for the transcript and circuit court case record from the person and shall file a statement in the court of appeals that service has been made on the person. (e) Response to no-merit report. The person may file a response to the no-merit report within 30 days after service of the no-merit report. The response shall not exceed 50 pages if a monospaced font or handwriting is used, or 13,000 words if a proportional serif font is used. If the response is handwritten, the text must be legibly printed and not include cursive writing or script, except for the person’s signature. The response shall comply with the form requirements of s. 809.19 (8) (b) and (bm). If the person files a response, the attorney who filed the no-merit report shall receive a copy of the response through the electronic filing system. (f) Supplemental no-merit report. If the attorney is aware of facts outside the record that rebut allegations made in the person’s response, the attorney may file, within 30 days of the person’s response, a supplemental no-merit report and an affidavit or affidavits, including matters outside the record. The supplemental report and affidavit or affidavits shall be served on the person, and the attorney shall file a statement in the court of appeals that service has been made upon the person. (g) Remand for fact-finding prior to decision. If the person and the attorney allege disputed facts regarding matters outside the record, and if the court determines that the person’s version of the facts, if true, would make resolution of the appeal under sub. (3) inappropriate, the court shall remand the case to the circuit court for an evidentiary hearing and fact-finding on those disputed facts before proceeding to a decision under sub. (3).
(2) NOTICE OF APPEAL, STATEMENT ON TRANSCRIPT, SERVICE OF COPIES. (a) The attorney also shall file in circuit court a notice of appeal of the judgment of conviction or final adjudication and of any order denying a postconviction or postdisposition motion. The notice of appeal shall be identified as a no-merit notice of appeal and shall state the date on which the no-merit notice of appeal is due and whether the due date is calculated under subd. 1. or 2. The clerk of circuit court shall transmit the record in the case to the court pursuant to s. 809.15. With the no-merit notice of appeal, the attorney also shall file in the circuit court a statement on transcript complying with the requirements of s. 809.11 (4), except that copies of the transcript need not be provided to other parties. All documents filed with the court under this subsection, except the transcript, shall be served on the state in accordance with s. 809.802 and on any other party. The nomerit notice of appeal and statement on transcript must be filed within whichever of the following is later: 1. One hundred eighty days after the service upon the person of the transcript and circuit court case record requested under s. 809.30 (2) (e). 2. Sixty days after the entry of the order determining a postconviction or postdisposition motion. (b) The clerk of circuit court shall transmit the no-merit notice of appeal and the statement on transcript to the court of appeals within 3 days of filing. The clerk of the court of appeals shall docket the no-merit appeal upon receipt. The clerk shall assign a case number, create a notice that the case has been docketed, and transmit the notice to the clerk of circuit court. (c) For electronic filing users in the circuit court case, receipt of the no-merit notice of appeal and statement on transcript through the circuit court electronic filing system shall constitute service of the documents. Receipt of the notice of docketing shall constitute service and notification that the no-merit appeal has been commenced in the court of appeals. Where service on the attorney general is required by s. 809.802 (1), service shall be made as provided in s. 809.802 (2). The clerk of the court of appeals shall serve the notice of docketing on paper parties by traditional means. (d) The no-merit report shall be filed in the court of appeals within 14 days after the date on which the record is filed in the office of the clerk of the court of appeals. Service on electronic users shall be through the appellate electronic filing system. The attorney shall serve the no-merit report on paper parties by traditional means.
(3) DECISION ON NO-MERIT REPORT. In the event that the court of appeals determines that further appellate proceedings would be frivolous and without any arguable merit, the court of appeals shall affirm the judgment of conviction or final adjudication and the denial of any postconviction or postdisposition motion and relieve the attorney of further responsibility in the case. The attorney shall advise the person of the right to file a petition for review to the supreme court under s. 809.62.
(4) NO-MERIT PETITION FOR REVIEW. (a) Petition and supplemental petition. If a fully briefed appeal is taken to the court of appeals and the attorney is of the opinion that a petition for review in the supreme court under s. 809.62 would be frivolous and without any arguable merit, the attorney shall advise the person of the reasons for this opinion and that the person has the right to file a petition for review. If requested by the person, the attorney shall file a petition satisfying the requirements of s. 809.62 (2) (d) and (f), and the person shall file a supplemental petition satisfying the requirements of s. 809.62 (2) (a), (b), (c), and (e). The person’s supplemental petition shall not exceed 35 pages if a monospaced font or handwriting is used, or 8,000 words if a proportional serif font is used. (b) Time limit. Except as provided in sub. (5) and s. 808.10, the petition and supplemental petition shall both be filed within 30 days after the date of the decision or order of the court of appeals. (c) Responses time limit. Except as provided in sub. (5), an opposing party may file a response to the petition and supplemental petition as provided in s. 809.62 (3) within 14 days after the service of the supplemental petition.
(5) NO-MERIT PETITION FOR REVIEW; EFFECT OF MOTION FOR RECONSIDERATION. (a) Petition. If a motion for reconsideration has been timely filed in the court of appeals under s. 809.24 (1), no party may file a petition or a supplemental petition in the supreme court until after the court of appeals issues an order denying the motion for reconsideration or an amended decision. (b) Supplemental petition. If a motion for reconsideration in the court of appeals under s. 809.24 (1) is denied and a petition for review was filed before the motion for reconsideration was filed, and if the time for filing a supplemental petition under this subsection had not expired when the motion for reconsideration was filed, the supplemental petition may be filed within 14 days after the filing of the order denying the motion for reconsideration or within the time remaining to file the supplemental petition at the time that the motion for reconsideration was filed, whichever is greater. (c) Notice affirming, withdrawing, or amending pending petition or supplemental petition. If the court of appeals files an amended decision in response to the motion for reconsideration under s. 809.24 (1), any party who filed a petition for review or a supplemental petition for review under this section prior to the filing of the motion for reconsideration must file with the clerk of the supreme court a notice affirming the pending petition or supplemental petition, a notice withdrawing the pending petition or supplemental petition, or an amendment to the pending petition or supplemental petition within 14 days after the date of the filing of the court of appeals’ amended decision. (d) Responses. If a motion for reconsideration is denied and a petition for review or a supplemental petition had been filed before the motion for reconsideration was filed, and if the time for filing a response to the petition or supplemental petition had not expired when the motion for reconsideration was filed, a response to the petition or the supplemental petition may be filed within 14 days of the order denying the motion for reconsideration. If a supplemental petition is filed under par. (b), the responding party may file a response to the supplemental petition within 14 days after service of the supplemental petition. After the petitioning party files the notice affirming or withdrawing the pending petition or supplemental petition or an amendment to the pending petition or supplemental petition under par. (c), the responding party must file a response to the notice or amendment within 14 days after service of the notice or amendment. The response to the notice or amendment may be an affirmation of the responding party’s earlier response or a new response.
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Official Notes

Judicial Council Committee’s Note, 1981: Subs. (3) and (4) are amended to refer properly to the petition for supreme court review of decisions of the court of appeals. Sub. (4) is amended to reflect the amendments to Rule 809.62 regulating the form, contents and length of a petition for review. If requested by the defendant, the attorney shall file with the supreme court a petition for review containing the statement of the case and the appendix required by Rule 809.62 (2) (d) and (f), as the attorney is in the best position to formulate the statement of the case and to provide the documents required for the appendix. The defendant shall file a supplement containing the statement of the issues presented for review, the table of contents, the statement of the criteria relied upon for a review and the argument amplifying the reasons relied on to support the petition as required by Rule 809.62 (2) (a), (b), (c) and (e). The rule does not prohibit the defendant from including a supplement to the statement of the case provided by the attorney. The rule requires that both the petition and supplemental petition be filed within 30 days of the date of the decision of the court of appeals. As with all petitions for review, the opposing party may file a response to the petition and supplemental petition within 10 days. The amendment provides that the 10 days begins to run from the service of the supplemental petition. [Re Order effective Jan. 1, 1982]

Judicial Council Note, 2001: Titles and subtitles were added. Subsection (1) was subdivided into paragraphs (1) (a) through (g). Subsection (1) (a) was amended to specify that the no-merit procedure applies only to direct appeals and that no-merit reports should be filed only when the defendant requests submission of a no-merit report or does not consent to closing the file without further representation by the appointed attorney. Subsection (1) (b) creates new counseling and notification requirements for appointed attorneys. Before filing a no-merit report, the appointed attorney must discuss each identified issue with the defendant and explain why the issue lacks arguable merit. The attorney must inform the defendant of the defendant’s options: file a no-merit report, close the file without filing an appeal or a no-merit report, or file an appeal without the assistance of appointed counsel. The attorney must inform the defendant that a no-merit report will be filed if the defendant requests submission of a no-merit report or if the defendant does not consent to closing the file without further representation by the appointed attorney. The attorney must inform the defendant that, if a no-merit report is submitted, the attorney will furnish copies of the transcript and circuit court case record to the defendant upon request. The attorney must notify the defendant that, if a no-merit report will not be submitted, the attorney will forward the attorney’s copies of the transcript and circuit court case record to the defendant upon request. The attorney must also advise the defendant of the no-merit procedures set forth in this section, including the defendant’s right to file a response to the attorney’s no-merit report, and the attorney’s right to file a supplemental no-merit report and affidavit containing facts outside the record, possibly including confidential information, to rebut allegations made in the defendant’s response to the no-merit report. Subsection (1) (c) creates a new certification rule that requires the appointed attorney to certify that the attorney has complied with the counseling and notification requirements of sub. (1) (b). Subsection (1) (d) contains the no-merit report service rule from former sub. (1) (a) and creates a new transcript and circuit court case record service rule. The attorney must serve a copy of the no-merit report on the defendant. If the defendant requests a copy of the transcript and circuit court case record, the attorney must forward the copies within 14 days after receipt of the defendant’s request. The attorney must file a statement in the court of appeals that service has been made on the defendant. Subsection (1) (e) contains the response to the no-merit report rule from former sub. (1) (a). Subsection (1) (e) also creates a new rule that requires the clerk of the court of appeals to send a copy of the defendant’s response to the no-merit report, within 5 days of the filing of the response, to the attorney who filed the no-merit report. Subsection (1) (f) was created to allow the attorney to reply to the defendant’s response to a no-merit report. The rule allows the attorney to file a supplemental nomerit report and affidavit(s) disclosing information that is outside the record and relevant to the attorney’s no-merit determination without violating confidentiality rules. The supplemental report and affidavit procedure is in accordance with SCR 20:1.6 (c) (1), which allows disclosures of otherwise confidential communications “to rectify the consequences of a client’s criminal or fraudulent act in the furtherance of which the lawyer’s services had been used;” SCR 20:1.6 (c) (2), which allows disclosures “to establish a claim or defense on behalf of the lawyer in a controversy between the lawyer and the client ... or to respond to allegations in any proceeding concerning the lawyer’s representation of the client;” and SCR 20:3.3, which requires candor toward the tribunal. Subsection (1) (g) creates a new rule that requires fact-finding upon a remand to the circuit court if the defendant’s response to the no-merit report and the attorney’s supplemental no-merit report and affidavit allege facts outside the record; and if the facts alleged by the defendant, if true, would make resolution of the appeal under sub. (3) inappropriate. The second sentence in sub. (2) requires the attorney to state, in the no-merit notice of appeal, of the time limit for filing the no-merit report and the calculation used to determine that time limit. The fourth sentence in sub. (2) requires the attorney to file a statement on transcript with the clerk, but exempts counsel from serving a transcript on other parties. The fifth sentence in sub. (2) requires counsel to serve copies of all other papers on the state. Subsection (2) (a) establishes the time limits if a no-merit report is not preceded by a postconviction motion. The cross-reference was changed from s. 809.30 (2) (g) to (e) because only the original transcript and circuit court case record request triggers the 180-day time limit. Subsection (2) (b) establishes the time limits if a no-merit report follows a postconviction motion. The 10-day time limit in sub. (4) was changed to 14 days. Please see the comment to s. 808.07. [Re Order No. 00-02 effective July 1, 2001]

Judicial Council Note, 2002: When a no-merit report is filed, s. 809.32 (1) (e) gives the person 30 days after the service of the no-merit report to file a response. The time limit in sub. (1) (d) is amended to adjust the time within which the attorney must send copies of the transcript and circuit court case record because five days should be sufficient time for the attorney to make copies and send them to the person. The amendment is intended to avoid delay that may occur if the person is not served with the record in time to utilize it in preparing a response to the no-merit report. [Re Order No. 02-01 effective January 1, 2003]

NOTE: Sup. Ct. Order No. 20-07 states that “the Comments to the statutes created pursuant to this order are not adopted, but will be published and may be consulted for guidance in interpreting and applying the rule.”

Comment, 2021: Page limits are added for the no-merit report, the response to the no-merit report, and the supplemental no-merit petition for review. In sub. (1) (e), adding a page limit for the response to the no-merit report is intended to improve counsel’s ability to file a supplemental no-merit report within the required 30-day time limit. The page limit is equal to the page limit for a brief in chief to allow full discussion of all potential issues. Sub. (2) (b) and (c) provide for electronic filing, transmission, and service of documents under this section consistent with ss. 809.10 and 809.11. Sub. (2) (d) separates the due date of the no-merit notice of appeal and statement on transcript from the due date for no-merit report. This will facilitate the use of proper record citations in the no-merit report and avoid the need for motions for extension.

Plain-English Summary

Not every conviction produces an appeal worth pursuing. When an attorney appointed under Section 809.30(2)(e) or Chapter 977 concludes that a direct appeal would be frivolous and without arguable merit under the Anders v. California standard, and the client either wants a no-merit report filed or will not agree to have the attorney close the file outright, the attorney must file a no-merit report with the court of appeals. That report has to identify anything in the record that might arguably support the appeal and explain why each of those issues lacks merit, and it is capped at 50 pages if a monospaced font or handwriting is used, or 13,000 words if a proportional serif font is used -- a longer word allowance than an ordinary brief in chief gets.

Before filing, the attorney has to walk the client through every issue the two of them have identified and explain the three choices available: have the attorney file a no-merit report, have the attorney close the file without an appeal, or close the file and proceed alone or with retained counsel. The attorney must also explain that filing a response is possible, that transcripts and the case record will be provided on request, and that the attorney may later file a supplemental no-merit report and affidavits to rebut anything the client raises in a response. A signed certification confirms that counseling took place and that the report meets the length limit.

Once the report is served, the client has 30 days to file a response, subject to the same page or word limits. If the attorney knows of facts outside the record that rebut something in that response, the attorney can file a supplemental no-merit report and affidavits within 30 days of the response. And if the client and the attorney disagree about facts outside the record that, if the client’s version is true, would make a decision under Section 809.32(3) inappropriate, the court of appeals remands the case to the circuit court for an evidentiary hearing before deciding anything.

The attorney also files a no-merit notice of appeal and a statement on transcript in circuit court, with deadlines tied to service of the transcript and case record or to the order on any postconviction motion, whichever is later; the report itself is due 14 days after the record reaches the court of appeals. If the court of appeals agrees further proceedings would be frivolous, it affirms the judgment and any denial of postconviction relief and relieves the attorney, while advising the client of the right to petition the supreme court for review -- a right that, under Section 809.32(4) and (5), can itself go through a parallel no-merit process if the attorney believes that petition, too, would be frivolous.

Frequently Asked Questions

When does a Wisconsin attorney file a no-merit report instead of an ordinary appeal?

When counsel appointed under Section 809.30(2)(e) or Chapter 977 concludes that a direct appeal would be frivolous and without arguable merit, and the client requests a no-merit report or will not consent to the attorney closing the file without further representation.

What has to be in a no-merit report?

Section 809.32(1)(a) requires the report to identify anything in the record that might arguably support the appeal and discuss why each identified issue lacks merit, formatted to the same length and form limits as an ordinary brief.

Can I respond to my attorney’s no-merit report?

Yes. Section 809.32(1)(e) gives the client 30 days after service of the no-merit report to file a response, subject to the same length limits as the report itself.

What happens if the court of appeals agrees there is no merit to the appeal?

Under Section 809.32(3), the court affirms the judgment of conviction or final adjudication and the denial of any postconviction or postdisposition motion, relieves the attorney of further responsibility, and the attorney must advise the client of the right to petition the supreme court for review.

Can my attorney also decide that a petition for review to the supreme court would be frivolous?

Yes. Section 809.32(4) lets the attorney file a petition satisfying part of the requirements for a petition for review while the client files a supplemental petition covering the rest, both due within 30 days of the court of appeals decision.

Amendment History

History: Sup. Ct. Order, 83 Wis. 2d xiii (1978); Sup. Ct. Order, 104 Wis. 2d xi (1981); 1981 c. 390 s. 252; 1983 a. 192; Sup. Ct. Order, 123 Wis. 2d xix (1985); 1987 a. 403 s. 256; Sup. Ct. Order No. 00-02, 2001 WI 39, 242 Wis. 2d xxvii; Sup. Ct. Order No. 02-01, 2002 WI 120, 255 Wis. 2d xiii; Sup. Ct. Order No. 04-08, 2008 WI 108, filed 7-30-08, eff. 1-1-09; Sup. Ct. Order No. 08-15 and Sup. Ct. Order No. 08-18, 2009 WI 4, 311 Wis. 2d xxix; 2009 a. 25; 2017 a. 365; Sup. Ct. Order No. 2007, 2021 WI 37, 397 Wis. 2d xiii.

Source & verification. Section text and official notes are reproduced verbatim from the Wisconsin Statutes, published by the Wisconsin Legislature (Legislative Reference Bureau). Last verified July 15, 2026. · Official source
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