809.15(5)
(5) Agreed statement in lieu of record. The parties may file in the court within the time prescribed by
sub. (4) an agreed statement of the case in lieu of the record on appeal. The statement must:
809.15(5)(a)
(a) Show how the issues presented by the appeal arose and were decided by the trial court; and
809.15(5)(b)
(b) Recite sufficient facts proved or sought to be proved as are essential to a resolution of the issues presented.
809.15 History
History: Sup. Ct. Order, 83 Wis. 2d xiii; Sup. Ct. Order, 104 Wis. 2d xi; Sup. Ct. Order, 141 Wis. 2d xiii (1987);
1987 a. 403; 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.
809.15 Note
Judicial Council Committee's Note, 1978: Sub. (1) substantially embodies former s. 251.25. It also permits the filing of a photocopy instead of the original record but only with the approval of the Court of Appeals, changing to some extent prior Rules 251.25 (13) and 251.27. Under this section the parties can stipulate to exclude some items from the record, but this should be done before the clerk assembles the record.
809.15 Annotation
Sub. (2). The responsibility for having the record assembled and transmitted to the Court of Appeals is transferred from the appellant to the clerk of the trial court. It is not necessary to have the attorneys present at the pagination of the record. The federal procedure set forth in Rule 11 (b), FRAP, under which the clerk assembles the record and then notifies the parties so that they can inspect the record prior to it being sent to the Court of Appeals is adopted. Also adopted is the federal procedure of the clerk preparing a list of all the papers in the record. The former system of numbering each page in the record consecutively is abandoned for the simpler practice of assigning a letter or number to each document and using its internal page reference. Thus, the reference to the third page of the first document would be A-3 and to the fifth page of the second document B-5.
809.15 Annotation
Sub. (3). This provision replaces former Rule 251.30 and s. 817.117.
809.15 Annotation
Subs. (4) and (5). The provisions of former Rules 251.29 and 251.28 are included in these subsections. [Re Order effective July 1, 1978]
809.15 Note
Judicial Council Committee's Note, 1981: Sub. (4) is amended to provide for an expedited transmittal of the record for appeals in which a transcript is not necessary for prosecution of the appeal or a transcript is filed in less than the maximum time period permitted by ch. 809. [Re Order effective Jan. 1, 1982]
809.15 Note
Judicial Council Note, 1988: Sub. (3) is amended to allow motions to correct the record to be heard by telephone conference. [Re Order effective Jan. 1, 1988]
809.15 Note
Judicial Council Note, 2001: Subsection (2) requires that numbers be used to identify the contents of the record. Subsection (4) (a) recreates the general rule for record transmittal from former sub. (4). Exceptions to the general rule are set forth in subs. (4) (b) and (c). Subsection (4m) recreates the last sentence of former sub. (4). [Re Order No. 00-02 effective July 1, 2001]
809.15 Annotation
An appellant's failure to file a motion under sub. (3) did not constitute waiver of the right to challenge the adequacy of the transcript. State v. Perry,
136 Wis. 2d 92,
401 N.W.2d 748 (1987).
809.15 Annotation
It is the appellant's responsibility to assure that the record is complete. If the record is incomplete, it is assumed that the missing material supports the trial court's ruling. Fiumefreddo v. McLean,
174 Wis. 2d 10,
496 N.W.2d 226 (Ct. App. 1993).
809.17
809.17
Rule (Expedited appeals program, voluntary alternative dispute resolution and presubmission conference). 809.17(1)(1) In order to minimize appellate delay and reduce its backlog, the court of appeals may develop an expedited appeals program. The program may involve mandatory completion of docketing statements by appellant's counsel and participation in presubmission conferences at the direction of the court, but participation in the court's accelerated briefing and decision process is voluntary. The rules and procedures governing the program shall be set forth in the court of appeals' internal operating procedures.
809.17(2)
(2) The court of appeals may require all attorneys of record in any appeal to participate in a presubmission conference, either by telephone or in person, with an officer of the court. An attorney of record with no direct briefing interest in the appeal may waive his or her participation in the conference by written notice to the court.
809.17(2m)
(2m) The court of appeals may establish an appellate mediation program and make and enforce all rules necessary for the prompt and orderly dispatch of the business of the program. Participation in the appellate mediation program is voluntary, but the program may involve mandatory participation in the presubmission conferences at the direction of the court. Only those cases in which a docketing statement is required to be filed under
s. 809.10 (1) (a) are eligible for participation in the appellate mediation program. The parties to the appeal shall pay the fees of a mediator providing services under the program, unless those fees are waived or deferred by the court. The rules and procedures governing the program shall be set forth in the court of appeals' internal operating procedures.
809.17 History
History: Sup. Ct. Order, 83 Wis. 2d xiii (1978); Sup. Ct. Order, 131 Wis. 2d xvi (1986); Sup. Ct. Order No.
00-02, 2001 WI 39, 242 Wis. 2d xxvii.
809.17 Note
Court of Appeals Note, 1986: Section (Rule) 809.17 is repealed and recreated to give the court of appeals authority to administer its expedited appeals program pursuant to Section VII, Expedited Appeals, of the Court of Appeals Internal Operating Procedures (amended 1986). The rule replaces a similar delegation of authority to the chief judge of the court of appeals by order of the supreme court dated December 19, 1983. [Re Order effective January 1, 1987]
809.18
809.18
Rule (Voluntary dismissal). 809.18(1)
(1) An appellant may dismiss a filed appeal by filing a notice of dismissal in the court or, if the appeal is not yet filed, in the circuit court. The dismissal of an appeal by the appellant or by agreement of the parties or their counsel does not affect the status of a lower court decision, the status of a cross-appeal, or the right of a respondent to file a cross-appeal.
809.18(2)
(2) If the parties compromise or otherwise settle the entire matter in litigation prior to the issuance of the decision of the court of appeals, the appellant shall immediately inform the court in writing, signed by all parties, that the matter has been compromised or settled. Upon receipt of such information, the court shall dismiss the appeal in accordance with
sub. (1).
Effective date note
History: Sup. Ct. Order, 83 Wis. 2d xiii (1978);
1995 a. 224; Sup. Ct. Order No.
01-15, 2003 WI 94, 261 Wis. 2d xxxvii; Sup. Ct. Order No.
07-15, 2008 WI 27, filed 4-2-08, eff. 7-1-08.
809.18 Note
Judicial Council Committee's Note, 1978: An appeal may be dismissed by the appellant at any time prior to a court decision on the appeal without approval of the court or the respondent. This changes the former procedure and modifies Rule 42, FRAP. The Rule specifically protects a respondent who has or intends to file a cross-appeal, and for this reason the appellant is authorized to dismiss the appeal at will. The filing of a notice of dismissal does not affect the liability of the appellant for costs or fees, or the power of the court to impose penalties under Rule 809.83 (1). [Re Order effective July 1, 1978]
809.18 Annotation
This section does not require the dismissal of a petition for a supervisory writ upon the filing of a notice of voluntary dismissal. A petition for a supervisory writ is not an "appeal." Interest of Peter B.
184 Wis. 2d 57,
616 N.W.2d 746 (Ct. App. 1994).
809.18 Annotation
The court of appeals must dismiss an appeal when an appellant files a notice of voluntary dismissal before the court issues its decision on the appeal. State v. Lee,
197 Wis. 2d 960,
542 N.W.2d 143 (1996).
809.18 Annotation
The date stamped on a court of appeals decision or order is the date it is issued and filed. That the clerk's office mails appellate decisions to the parties the day before they are dated and filed does not mean that decisions are to be deemed to have been issued on the mailing date. A notice of voluntary dismissal filed on the day prior to an opinion being issued operates to automatically dismiss the appeal. State v. Jones, 2002 WI 53,
252 Wis. 2d 592,
645 N.W.2d 610,
01-1155.
809.19
809.19
Rule (Briefs and appendix). 809.19(1)
(1)
Brief of appellant. The appellant shall file a brief within 40 days of the filing in the court of the record on appeal. The brief must contain:
809.19(1)(a)
(a) A table of contents with page references of the various portions of the brief, including headings of each section of the argument, and a table of cases arranged alphabetically, statutes and other authorities cited with reference to the pages of the brief on which they are cited.
809.19(1)(b)
(b) A statement of the issues presented for review and how the trial court decided them.
809.19(1)(c)
(c) A statement with reasons as to whether oral argument is necessary and a statement as to whether the opinion should be published and, if so, the reasons therefor.
809.19(1)(d)
(d) A statement of the case, which must include: a description of the nature of the case; the procedural status of the case leading up to the appeal; the disposition in the trial court; and a statement of facts relevant to the issues presented for review, with appropriate references to the record.
809.19(1)(e)
(e) An argument, arranged in the order of the statement of issues presented. The argument on each issue must be preceded by a one sentence summary of the argument and is to contain the contention of the appellant, the reasons therefor, with citations to the authorities, statutes and parts of the record relied on as set forth in the Uniform System of Citation and
SCR 80.02.
809.19(1)(f)
(f) A short conclusion stating the precise relief sought.
809.19(1)(g)
(g) Reference to an individual by first name and last initial rather than by his or her full name when the record is required by law to be confidential.
809.19(1)(h)
(h) The signature of the attorney who files the brief; or, if the party who files the brief is not represented by an attorney, the signature of that party.
809.19(1)(i)
(i) Reference to the parties by name, rather than by party designation, throughout the argument section.
809.19(2)(a)(a) Contents. The appellant's brief shall include a short appendix containing, at a minimum, the findings or opinion of the circuit court, limited portions of the record essential to an understanding of the issues raised, including oral or written rulings or decisions showing the circuit court's reasoning regarding those issues, and a copy of any unpublished opinion cited under
s. 809.23 (3) (a) or
(b). If the appeal is taken from a circuit court order or judgment entered in a judicial review of an administrative decision, the appendix shall also contain the findings of fact and conclusions of law, if any, and final decision of the administrative agency. The appendix shall include a table of contents. If the record is required by law to be confidential, the portions of the record included in the appendix shall be reproduced using first names and last initials instead of full names of persons, specifically including juveniles and parents of juveniles, with a notation that the portions of the record have been so reproduced to preserve confidentiality and with appropriate references to the record.
809.19(2)(b)
(b) Certification. An appellant's counsel shall append to the appendix a signed certification that the appendix meets the content requirements of
par. (a) in the following form:
I hereby certify that filed with this brief, either as a separate document or as a part of this brief, is an appendix that complies with
s. 809.19 (2) (a) and that contains, at a minimum: (1) a table of contents; (2) the findings or opinion of the circuit court; (3) a copy of any unpublished opinion cited under
s. 809.23 (3) (a) or
(b); and
(4) portions of the record essential to an understanding of the issues raised, including oral or written rulings or decisions showing the circuit court's reasoning regarding those issues.
I further certify that if this appeal is taken from a circuit court order or judgment entered in a judicial review of an administrative decision, the appendix contains the findings of fact and conclusions of law, if any, and final decision of the administrative agency.
I further certify that if the record is required by law to be confidential, the portions of the record included in the appendix are reproduced using first names and last initials instead of full names of persons, specifically including juveniles and parents of juveniles, with a notation that the portions of the record have been so reproduced to preserve confidentiality and with appropriate references to the record.
Signed: ....
Signature
809.19(3)(a)1.1. The respondent shall file a brief within the later of any of the following:
809.19(3)(a)1.a.
a. Thirty days after the date of service of the appellant's brief, and 3 additional days under
s. 801.15 (5) (a) if service is accomplished by mail.
809.19(3)(a)1.b.
b. Thirty days after the date on which the court accepts the appellant's brief for filing.
809.19(3)(a)1.c.
c. Thirty days after the date on which the record is filed in the office of the clerk.
809.19(3)(a)2.
2. The brief must conform with
sub. (1), except that the statement of issues and the statement of the case may be excluded.
809.19(3)(a)3.
3. Within the time limits for filing a respondent's brief, a party who has been designated as a respondent may file a statement with the court that it will not be filing a brief because its interests are not affected by the issues raised in the appellant's brief or because its interests are adequately represented in another respondent's brief.
809.19(3)(b)
(b) The respondent may file with his or her brief a supplemental appendix. If the record is required by law to be confidential, the supplemental appendix must comply with the confidentiality requirements under
sub. (2) (a). Any supplemental appendix shall include a table of contents, a copy of any unpublished opinion cited under
s. 809.23 (3) (a) or
(b), and a signed certification that the appendix complies with the confidentiality requirements under
sub. (2) (a) in a form substantially similar to the confidentiality provision under
sub. (2) (b).
809.19(4)(a)(a) The appellant shall file a reply brief, or a statement that a reply brief will not be filed, within the later of:
809.19(4)(a)1.
1. Fifteen days after the date of service of the respondent's brief, and 3 additional days under
s. 801.15 (5) (a) if service is accomplished by mail; or
809.19(4)(a)2.
2. Fifteen days after the date on which the court accepts the respondent's brief for filing.
809.19(4)(b)
(b) The reply brief under
par. (a) shall comply with
sub. (1) (e) and
(f). If an unpublished opinion is cited under
s. 809.23 (3) (a) or
(b), a copy of the opinion shall be provided in an appendix to the reply brief.
809.19(5)
(5) Consolidated and joint appeals. Each appellant in consolidated appeals or a joint appeal and each co-appellant may file a separate brief or a joint brief with another appellant or co-appellant. A joint brief must not exceed the page allowance for a single appellant.
809.19(6)
(6) Cross-appeal. Briefing in a cross-appeal shall be as follows:
809.19(6)(a)
(a) An appellant-cross-respondent shall file a brief titled "Appellant's Brief" within the time specified by, and in compliance with, the requirements of
subs. (1) and
(2).
809.19(6)(b)1.1. A respondent-cross-appellant shall file a brief titled "Combined Brief of Respondent and Cross-Appellant" within the later of any of the following:
809.19(6)(b)1.a.
a. Thirty days after the date of service of the appellant-cross-respondent's brief, and 3 additional days under
s. 801.15 (5) (a) if service is accomplished by mail.
809.19(6)(b)1.b.
b. Thirty days after the date on which the court accepts the appellant-cross-respondent's brief for filing.
809.19(6)(b)1.c.
c. Thirty days after the date on which the record is filed in the office of the clerk.
809.19(6)(b)2.
2. The front and back covers of the combined brief shall be red. The respondent portion of the combined brief shall comply with the requirements of this section for a respondent's brief, including the length limitation for such a brief set forth in
sub. (8) (c) 1. The cross-appellant portion of the combined brief shall comply with the requirements of
subs. (1) and
(2) for an appellant's main brief, including the length limitation for such a brief set forth in
sub. (8) (c) 1., except that the requirements of
sub. (1) (c) and
(d) may be omitted, the cross-appellant portion of the combined brief shall be preceded by a blank blue cover, and a signature shall be required only at the conclusion of the cross-appellant portion of the combined brief.
809.19(6)(c)1.1. An appellant-cross-respondent shall file a brief titled "Combined Brief of Appellant and Cross-Respondent" within the later of:
809.19(6)(c)1.a.
a. Thirty days after the date of service of the respondent-cross-appellant's brief, and 3 additional days under
s. 801.15 (5) (a) if service is accomplished by mail; or
809.19(6)(c)1.b.
b. Thirty days after the date on which the court accepts the respondent-cross-appellant's brief for filing.
809.19(6)(c)2.
2. The front and back covers of the combined brief shall be gray. The appellant portion of the combined brief shall comply with the requirements of
sub. (4) for a reply brief, including the length limitation for such a brief set forth in
sub. (8) (c) 2. The cross-respondent portion of the combined brief shall comply with the requirements of
sub. (3) for a respondent's brief, including the length limitation for such a brief set forth in
sub. (8) (c) 1., except that the requirement of
sub. (1) (c) may be omitted, the cross-respondent portion of the combined brief shall be preceded by a blank red cover, and a signature shall be required only at the conclusion of the cross-respondent portion of the combined brief.
809.19(6)(d)
(d) A respondent-cross-appellant shall file either a reply brief titled "Reply Brief of Cross-Appellant" in the form required by
sub. (4) for reply briefs, or a statement that a reply brief will not be filed, within the later of:
809.19(6)(d)1.
1. Fifteen days after the date of service of the appellant-cross-respondent's brief, and 3 additional days under
s. 801.15 (5) (a) if service is accomplished by mail; or
809.19(6)(d)2.
2. Fifteen days after the date on which the court accepts the appellant-cross-respondent's brief for filing.
809.19(6)(e)
(e) Each part of a combined brief shall comply with the form and length certification requirements of
sub. (8) (d).
809.19(6)(f)
(f) A respondent-cross-appellant must comply with the same appendix rules as an appellant under
sub. (2) (a) and
(b), except that a respondent-cross-appellant shall not be required to include materials that are contained in the appellant's appendix.
809.19(7)(a)(a) A person not a party may by motion request permission to file a brief. The motion shall identify the interest of the person and state why a brief filed by that person is desirable.
809.19(7)(b)
(b) If the brief will support or oppose a petition under
s. 809.62 or
809.70, the brief shall accompany the motion and shall be filed within the time permitted for the opposing party to file a response to the petition. If an unpublished opinion is cited under
s. 809.23 (3) (a) or
(b), a copy of the opinion shall be provided in an appendix to the brief.
809.19(7)(c)
(c) Except as provided in
par. (b), the motion shall be filed not later than 14 days after the respondent's brief if filed, and the brief shall be filed within the time specified by the court. If an unpublished opinion is cited under
s. 809.23 (3) (a) or
(b), a copy of the opinion shall be provided in an appendix to the brief.
809.19(8)
(8) Number, form and length of briefs and appendices. 809.19(8)(a)1.1. A person shall file either 22 copies of a brief or appendix in the supreme court or the number that the court directs and shall serve 3 copies on each party.
809.19(8)(a)2.
2. Except as provided in
subd. 3. and
s. 809.43, a person shall file either 10 copies of a brief or appendix in the court of appeals or the number that the court directs and shall serve 3 copies on each party.
809.19(8)(a)3.
3. Except as provided in
s. 809.43, a person who is found indigent under
s. 814.29 (1) and who is not represented by counsel shall file 5 copies of a brief or appendix in the court of appeals and shall serve one copy on each party. A prisoner who has been granted leave to proceed without prepayment of fees under
s. 814.29 (1m) and who is not represented by counsel shall file 5 copies of a brief or appendix in the court of appeals and shall serve one copy on each party.
809.19(8)(a)4.
4. In addition to the copies required in
subds. 1.,
2., and
3., all parties represented by counsel shall file one electronic copy of each brief as provided in
s. 809.19 (12) and may file one electronic copy of each appendix as provided in
s. 809.19 (13).
