809.26 – Rule (Remittitur).
809.26 Rule (Remittitur). (1) The clerk of the court of appeals shall transmit to the circuit court the judgment and decision or order of the court and the record in the case filed pursuant to s. 809.15 31 days after the filing of the decision or order of the court, or as soon thereafter as […]
809.23 – Rule (Publication of opinions).
809.23 Rule (Publication of opinions). (1) Criteria for publication. (a) While neither controlling nor fully measuring the court’s discretion, criteria for publication in the official reports of an opinion of the court include whether the opinion: 1. Enunciates a new rule of law or modifies, clarifies or criticizes an existing rule; 2. Applies an established […]
809.24 – Rule (Reconsideration).
809.24 Rule (Reconsideration). (1) Except as provided in sub. (4), a party may file a motion for reconsideration in the court of appeals within 20 days after the date of a decision issued pursuant to s. 752.41 (1). The motion must state with particularity the points of law or fact alleged to be erroneously decided […]
809.25 – Rule (Costs and fees).
809.25 Rule (Costs and fees). (1) Costs. (a) Costs in a civil appeal are allowed as follows unless otherwise ordered by the court: 1. Against the appellant before the court of appeals when the appeal is dismissed or the judgment or order affirmed. 2. Against the respondent before the court of appeals when the judgment […]
809.21 – Rule (Summary disposition).
809.21 Rule (Summary disposition). (1) The court upon its own motion or upon the motion of a party may dispose of an appeal summarily. (2) A party may file at any time a motion for summary disposition of an appeal. Section 809.14 governs the procedure on the motion. History: Sup. Ct. Order, 83 Wis. 2d […]
809.22 – Rule (Oral argument).
809.22 Rule (Oral argument). (1) The court shall determine whether a case is to be submitted with oral argument or on briefs only. (2) The court may direct that an appeal be submitted on briefs only if: (a) The arguments of the appellant: 1. Are plainly contrary to relevant legal authority that appear to be […]
809.15 – Rule (Record on appeal).
809.15 Rule (Record on appeal). (1) Composition of record. (a) The record on appeal consists of the following unless the parties stipulate to the contrary: 1. The initiating document by which the action or proceeding was commenced; 2. Proof of service of summons or other process; 3. Answer or other responsive pleading; 4. Instructions to […]
809.17 – Rule (Expedited appeals program, voluntary alternative dispute resolution and presubmission conference).
809.17 Rule (Expedited appeals program, voluntary alternative dispute resolution and presubmission conference). (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 […]
809.18 – Rule (Voluntary dismissal).
809.18 Rule (Voluntary dismissal). (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 […]
809.19 – Rule (Briefs and appendix).
809.19 Rule (Briefs and appendix). (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: (a) A table of contents with page references of the various portions of the brief, including headings of each section of the […]