CT APP IOP VI. (6) (6) Reconsideration. When a party files a motion for reconsideration under Wis. Stat. Rule s. 809.24 (1), the clerk's office shall send a copy of the motion to the judge who wrote the opinion or to the supervising judge. The clerk's office shall also submit the motion to a staff attorney who will be responsible for coordinating the disposition of the motion.

CT APP IOP VI. (6) The court may order that a response to the motion be filed. The court may either amend the underlying decision or order or issue an order denying the motion for reconsideration. In every instance, the court will issue an appropriate order.

CT APP IOP VI. (7) (7) Publication.

CT APP IOP VI. (7) (a) (a) The opinion writer may make a recommendation to the deciding judges whether the opinion should be published. The deciding judges shall make a final recommendation to the publication committee regarding publication. The panel's recommendation regarding publication is inserted following the decision as the final line on the panel's opinion. A copy of the filed opinion with the panel's publication recommendation is distributed to the Chief Judge, the judges designated by each panel to sit on the publication committee, and the chief staff attorney.

CT APP IOP VI. (7) (b) (b) The judge selected by the Court of Appeals judges of each district shall represent that district on the publication committee. The judge is expected to consult with the judges of the district regarding publication prior to the publication conference.

CT APP IOP VI. (7) (c) (c) The chief staff attorney, after consultation with the staff attorneys, may prepare a memorandum analyzing the publication position taken by the parties in their briefs, potentially conflicting opinions from other panels, and recent applicable pronouncements by the United States and Wisconsin Supreme Courts. Publication memoranda are distributed to the publication committee.

CT APP IOP VI. (7) (d) (d) The Chief Judge or his or her designee calls a monthly publication conference at which the publication committee makes a determination as to which opinions should be published. At the conference, the committee considers all opinions reviewed under this procedure to date. Opinions are published upon a majority vote of the committee.

CT APP IOP VI. (7) (e) (e) After the publication decision is made, the court issues an appropriate publication order. The publication order will name the judges who made the publication decision. Opinions for publication are delivered to the court's publication clerk for processing to the official reporters and the State Bar of Wisconsin. By definition, the court's summary disposition orders and memorandum opinions are within the nonpublication criteria of Wis. Stat. Rule s. 809.23 (1) because they speak for the court and are unsigned. For this reason the court's publication orders will not include summary disposition orders and memorandum opinions.

CT APP IOP VI. (8) (8) Remittitur. Following the decision and the filing of the opinion, the district office returns the record to the clerk. The clerk remits the record pursuant to Wis. Stat. Rule s. 809.26. In the event that the Court of Appeals decides to reconsider the case, the clerk returns the record as needed to the district office. Prior to remitting, the clerk taxes costs and fees pursuant to Wis. Stat. Rule s. 809.25.

CT APP IOP VI. (9) (9) Remand from Supreme Court. When the Supreme Court remands a case to the Court of Appeals for further proceedings, the matter is referred to the appropriate panel of judges. The panel may direct that oral arguments be heard or may proceed to consider the Supreme Court's opinion and take the necessary action at a regularly or specially called conference.

CT APP IOP VI. (10) (10) Petitions for Supervisory Writs and Original Jurisdiction Prerogative Writs.

CT APP IOP VI. (10) (a) (a) Petitions and supporting memoranda for supervisory writs and original jurisdiction prerogative writs are filed with the clerk. Any requests for temporary relief must be included with the petition. The clerk delivers the petition and supporting memoranda to the staff attorney for the appropriate district. The staff attorney reviews the petition and reports to the motions judge for the appropriate district. The motions judge may order that a response be filed and/or that temporary relief be granted. The staff attorney prepares the appropriate order to be issued by the clerk. When a response is ordered, the order shall set forth the time by which the response must be filed. The order may also specify the terms and conditions of any temporary relief granted. The court may also deny a petition ex parte. If the petition is filed in a three-judge appeal, the decision to deny a petition ex parte shall be made by a three-judge panel. As provided in IOP VI(12)(b), a petition for supervisory writ or an original jurisdiction prerogative writ filed in a one-judge appeal shall be decided by one court of appeals judge.

CT APP IOP VI. (10) (b) (b) Responses are filed with the clerk. The clerk delivers the response and any supporting documents and memoranda to the staff attorneys. The staff attorneys analyze the issues raised in the petition and submit to the panel a petition memorandum describing the nature of the issue. The memorandum, together with all the petition papers, is delivered to the panel prior to the court's consideration. The panel acts on the petition at a motion conference. The panel may direct that the petition be heard at oral argument. The staff attorney drafts an appropriate order implementing the court's decision, to be approved by the panel and issued by the clerk.

CT APP IOP VI. (10) (c) (c) Parties seeking temporary relief should petition a specific judge of the appropriate panel, pursuant to Wis. Stat. Rule s. 809.52, only when immediate (less than that 24-hour) relief is required. For all other situations, parties should file their request with the clerk. The central staff attorney assigned to the district reviews the request and reports it to the Presiding Judge, or his or her designee, as described above. This procedure is intended to assure efficient court operations, efficient consideration of the petitions, and the least expensive procedure for the parties and their attorneys.

CT APP IOP VI. (11) (11) No Merit Reports. If a no merit report is submitted without the certification required by Wis. Stat. Rule s. 809.32 (1) (c), the clerk's office shall not accept the report for filing. The clerk's office shall inform the attorney of the omission and request the submission of an amended no merit report. If an amended no merit report is not filed within the time set of the clerk, the matter will be submitted to the staff attorney office for further action.

CT APP IOP VI. (11) A staff attorney reviews the no merit report, the defendant's response, if one is filed by the defendant, the supplemental no merit report, if any, and the case record. The staff attorney submits to the appropriate judge or panel an independent recommendation as to whether the no merit report should be accepted, held in abeyance pending further action, or rejected. If the staff attorney recommends to accept the no merit report and if the judge or panel accepts the recommendation, the staff attorney will draft a proposed per curiam opinion or summary order affirming the matters appealed from and relieving the attorney of further responsibility on appeal. If the staff attorney recommends that the no merit report be held in abeyance pending further action or that the report be rejected, the staff attorney will draft the appropriate proposed order to implement the recommendation. The proposed opinion or order is circulated to the deciding judge or panel for consideration and approval. No merit reports are only accepted upon a unanimous vote of the deciding judges.

CT APP IOP VI. (11) If a defendant files a response to a no merit report, and the attorney does not file a supplemental no merit report under Wis. Stat. Rule s. 809.32 (1) (f), the court may order the attorney to do so, if appropriate under the facts of the case and necessary to the court's disposition of the appeal.

CT APP IOP VI. (12) (12) One-Judge Appeals.

CT APP IOP VI. (12) (a) (a) For appeals of cases specified in Wis. Stat. s. 752.31 (1), a motion for a three-judge panel or for the appeal to be heard in the county of origin must be filed as required by Wis. Stat. Rule s. 809.41. Upon receipt, the clerk will notify the parties that the motion will be held in abeyance until the last brief has been filed. After the last brief has been filed, the clerk shall submit the motion and a copy of the briefs to a staff attorney. The staff attorney shall review the motion and briefs, and consult with a panel for the district in which the motion is filed. The panel shall determine whether the appeal warrants consideration by a three-judge panel. The staff attorney shall communicate the panel's determination to the Chief Judge who directs that an order be issued either granting or denying the motion. If the motion is granted, the clerk notifies a district secretary of the appropriate panel, and the appeal proceeds under the procedures for three-judge appeals. As with three-judge appeals, the clerk will notify the parties of the date of submission.

CT APP IOP VI. (12) (b) (b) Motions and petitions in appeals of cases specified in Wis. Stat. s. 752.31 (2) are decided by one Court of Appeals judge.

CT APP IOP VI. (13) (13) Indigency. If a person seeking to proceed in the Court of Appeals claims to be indigent, that claim will be accepted if an indigency determination as to that person has been previously made in the Court of Appeals or in the circuit court, except that if the court of appeals has reason to believe that the person's circumstances have materially changed since his or her last indigency determination, the court may request that the person complete a new affidavit of indigency. In addition, the court of appeals may request that the person complete a new affidavit of indigency if more than one year has passed since the person last filed an affidavit of indigency with the court of appeals. If no indigency determination has been previously made, the clerk sends the person an affidavit of indigency to be completed and returned. The affidavit is accompanied by a form order requiring completion and filing of the affidavit within 10 days of the date of the order or, failing which, ordering the dismissal of the proceeding.

CT APP IOP VI. (13) The clerk makes indigency determinations based upon monetary guidelines established by the court. If the person is determined to be indigent, the clerk issues an order waiving payment of the filing fee in the proceeding. If the affidavit of indigency is incomplete or is not credible, the clerk issues an order stating that the affidavit of indigency is incomplete or is not credible, or the reasons for which the affidavit is deemed incredible, stating that the affidavit is not approved, and requiring the person either to pay the appropriate filing fee or submit a credible and completed affidavit within five days of the date of the order, failing which the proceeding will be dismissed.

CT APP IOP VI. (13) If the clerk determines on the basis of a complete and credible affidavit that a person is not indigent, the clerk issues an order directing the person to pay the appropriate filing fee in the proceeding. If the person does not respond to a court order concerning indigency, the clerk assigns the matter to a staff attorney for review and reporting to the court, with recommendations for the disposition thereof.

CT APP IOP VII. VII. EXPEDITED APPEALS.

CT APP IOP VII. (1) (1) Eligible Cases. All appeals in the Court of Appeals shall be eligible for the expedited appeals program except for the following: (1) appeals brought under Wis. Stat. s. 809.105; (2) appeals brought under Wis. Stat. s. 809.107; (3) no merit appeals brought under Wis. Stat. Rule s. 809.32; (4) appeals brought under Wis. Stat. s. 974.06 (7); (5) appeals in which a party represents himself or herself; and (6) appeals brought under Wis. Stat. Rules s. 809.30 or 809.40 (1) except for cases arising under chs. 48, 51, 55, or 938.

CT APP IOP VII. (2) (2) Docketing Statement.

CT APP IOP VII. (2) (a) (a) In all eligible cases, the appellant shall file in the Court of Appeals an original and one copy of a completed docketing statement and serve one copy of the completed docketing statement on each respondent. The completed docketing statement shall be submitted along with the notice of appeal sent to the Court of Appeals by the appellant, pursuant to Wis. Stat. Rule s. 809.10 (1) (a). The respondent need not fill out a docketing statement but may file a response as outlined in paragraph (2) (e). Filing of the docketing statement with Court of Appeals constitutes certification of service on the respondents. Wis. Stat. Rules ss. 809.80 (2) and 801.14 (4). The respondents must therefore be provided with a completed docketing statement by the appellant.

CT APP IOP VII. (2) (b) (b) The statement must be fully filled out and must accurately describe the jurisdictional facts, nature of trial court proceedings, issues on appeal, and standards of review applicable to those issues. Failure to include any matter in the docketing statement does not constitute a waiver. The court may, however, impose sanctions on counsel or appellant if it appears that available information has been withheld. Wis. Stat. Rule s. 809.83 (2). The appellant must attach to the docketing statement a copy of the judgment or order appealed from and any findings of fact, conclusions of law or memorandum decision or opinion upon which the order or judgment is based.

CT APP IOP VII. (2) (c) (c) Failure to file a docketing statement within the time set forth above will be grounds for sanctions, including dismissal of the appeal, under Wis. Stat. Rule s. 809.83 (2).

CT APP IOP VII. (2) (d) (d) A motion for extension of time within which to file the docketing statement will be granted only for the most compelling reasons. Counsel who filed the notice of appeal is responsible for insuring that the docketing statement is timely filed in this court even if new counsel will actually handle the appeal. Only one docketing statement may be filed for each notice of appeal; if there is more that one appellant, appellants must consult and decide jointly who is responsible for filing the single docketing statement.

CT APP IOP VII. (2) (e) (e) Respondent, within 7 days of receipt of the docketing statement, may file an original and one copy of a single-page response if respondent strongly disagrees with appellant's statement of the case or the issues on appeal. The response must be sent to all other counsel. If respondent believes there is a jurisdictional defect, respondent should file a motion to dismiss. Multiple respondents should consult on the nature of the response to appellant's docketing statement and, if they decide to file a response, file only one response.

CT APP IOP VII. (2) (f) (f) Respondent must file a separate docketing statement if a cross-appeal is filed. The prior paragraph applies to appellants who are also cross-respondents. Cross-appellants and cross-respondents are subject to the same above provision as are appellants and respondents.

CT APP IOP VII. (2) (g) (g) If a docketing statement indicates a jurisdictional defect, the Presiding Judge may direct the parties by order to address the question of jurisdiction in a specific form and time period.

CT APP IOP VII. (3) (3) Time Limits for Records and Briefs. Unless ordered otherwise by the court, the time for designating, ordering, preparing, serving and filing the transcripts, preparing and filing the record, and filing the briefs established by the Rules of Appellate Procedure, ch. 809, shall not be affected by the provisions of these procedures.

CT APP IOP VII. (4) (4) Presubmission Conference.

CT APP IOP VII. (4) (a) (a) In any eligible case, the court may, at its option, require counsel to attend, either by telephone or in person, a presubmission conference with a senior staff attorney of the court designated as a conference attorney.

CT APP IOP VII. (4) (b) All attorneys of record are required to participate in the conference unless they notify the conference attorney that they are waiving their briefing rights. Failure to attend the conference may result in the imposition of sanctions pursuant to Wis. Stat. Rule s. 809.83 (2). The purposes of a conference are to determine: (a) whether the appeal can be adequately briefed in fewer than the maximum number of pages permitted by Wis. Stat. Rule s. 809.19; (b) whether the submission and decision of the appeal can be expedited by a reduced briefing schedule, by summary disposition, or by other expedited means permitted under the Rules of Appellate Procedure; (c) what the issues are on appeal and the standards of review for those issues; (d) whether it is possible to narrow the issues on appeal; (e) whether the transcripts and record can be reduced and whether a statement in lieu of a portion of the record or a transcript can be agreed upon under Wis. Stat. Rule s. 809.15 (5); (f) whether oral argument and/or a published opinion is likely to result in the appeal; (g) whether joint briefing by multiple parties is practical; (h) whether opposing counsel, after having an opportunity to discuss the case, may be able to reach a settlement; and (i) whether the processing of the appeal can be simplified or expedited in any other way.

CT APP IOP VII. (4) (c) (c) The ultimate objectives of the conference will be to reduce the time between the filing of the notice of appeal and the decision of the Court of Appeals while, at the same time, permitting the Court of Appeals to address its increasing workload and to reduce the expense of appeals to the litigants while providing alternative methods for expediting appeals. An order will be entered by the Presiding Judge upon recommendation of the conference attorney after the conference incorporating any matters resolved or identified at the conference.

CT APP IOP VII. (4) (d) (d) Conferences must be attended by counsel with responsibility for the appeal and authority to make decisions about any aspect of the appeal covered by these procedures. If lead counsel cannot attend, that attorney must: (1) appoint a substitute attorney to attend the conference; (2) delegate to the attending attorney the broadest feasible authority to narrow the appeal or agree on case processing matters; and (3) be available at the time of the conference. The parties to an appeal may be required to attend a conference. When the business office of counsel is not in the vicinity of the conference site, or for any other reason, the court may, at its option, hold any conference by telephone conference call.

CT APP IOP VII. (4) (e) (e) The conference date will be set by telephone with written confirmation or in a written notice informing counsel that a conference will be held. Unless counsel already has a directly conflicting court date, a request to alter the date will be disfavored. If a scheduled conference unavoidably conflicts with any counsel's schedule, he or she is obliged to contact all opposing counsel to determine alternative dates before contacting the conference attorney's secretary to reschedule.

CT APP IOP VII. (4) (f) (f) All matters discussed at the conference are completely confidential and will not be disclosed by the conference attorney except as embodied in the conference attorney's recommendation to the Presiding Judge for an order concerning further proceedings in the appeal or to the judge reviewing a request for reconsideration.

CT APP IOP VII. (4) (g) (g) The costs of preparing and filing a docketing statement are not taxable.

CT APP IOP VII. (4) (h) (h) In a case in which, after review of the docketing statement, the court finds a conference unnecessary or inappropriate, the court may on its own motion issue an order limiting the length of briefs, requiring joint briefing, setting the schedule for filing the record and briefs, or regulating any other aspect of the appeal that could be handled at a conference. Wis. Stat. Rules ss. 809.20, 809.21 (1) and 809.82 (2).

CT APP IOP VII. (4) (i) (i) Any order issued by a Presiding Judge upon the recommendation of the conference attorney is subject to reconsideration upon filing of an appropriate motion within 5 days of the date of the order.

CT APP IOP VII. (4) (j) (j) If the case is expedited per agreement reached at the presubmission conference, the clerk's office will not send notice of receipt of briefs or notice of submission. The timing and length of briefs will be detailed in the order expediting the case.

aboutib




Wisconsin Supreme Court
Rules and Operating Procedures

The rules on this release of WisLaw® are current through November 30, 2006.

This infobase is one of several infobases listed in the WisLaw®directory. In using any of the infobases, the user is urged to use the on-line help features to learn the basics about the search and retrieval software.