eFiling pilot instructions & FAQs–Filing an appeal

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Q. How do I enter my appeal in the voluntary eFiling pilot program?

When you file your notice of appeal in the circuit court, state in bold and capital letters on the notice that you want the appeal to be placed in the pilot program. In the pilot program, you must still send a copy of the notice of appeal to the Clerk of the Court of Appeals. In appeals where the Attorney General must be served with the notice of appeal under Wis. Stat. Rule 809.80(2)(b), you must still send a copy of the notice of appeal to the Attorney General.

Q. How do I know my appeal has been docketed and what the appellate case number is?

The Clerk of the Court of Appeals will send you and the respondent(s) a notice of docketing that will include information about how to opt-in on the appellate case. The clerk will also give notice of docketing to the Attorney General when service on the Attorney General is required by Wis. Stat. Rule 809.80(2)(b). Upon receipt of the notice of docketing, you should opt-in on the appellate case to start receiving electronic notifications and access to the appellate case.

Q. Where and how do I file the docketing statement required by Wis. Stat. Rule 809.10(1)(d)?

During the pilot, you must still submit the completed docketing statement with the copy of the notice of appeal that is provided to the Clerk of the Court of Appeals. The docketing statement must be served by traditional methods on the respondent(s).

Q. How do I file a motion for a 3-judge panel or for hearing in county of origin?

During the pilot, an appellant who wants to file motions under Wis. Stat. Rule 809.41 must file the motion with the Clerk of the Court of Appeals with the copy of the notice of appeal that is provided to the Clerk of the Court of Appeals. The appellant must also serve the motion on the respondent(s) by traditional methods. A respondent who wants to file motions under Rule 809.41 may opt-in on the appellate case and file the motions electronically.

Q. Where and how do I file the statement on transcript?

The appellant should opt-in on the appellate case and file the statement on transcript electronically. If the statement on transcript is filed before the appellant receives notice that the respondent(s) has opted-in on the appellate case, the statement on transcript must be served on the respondent(s) by traditional methods. A copy of the statement on transcript must still be submitted to the clerk of circuit court.

Q. I am a respondent and received a notice of docketing that states the appeal is part of the voluntary appellate eFiling pilot. What do I next?

It is preferred but not required that you opt-in on the appellate case as soon as possible. You will then have access to the appellate filings and will begin to receive electronic notices. If you opt in, you will no longer receive paper copies of any filing. Respondents are not required to participate as electronic parties and attorney participation is voluntary. Respondents who receive a notice of appeal and parties on existing cases can opt in to eFiling by sending a request by fax or mail to the Office of the Clerk of the Supreme Court and Court of Appeals.

Q. Can I file a motion electronically in an appeal that is part of the appellate eFiling pilot?

Once you opt-in on the appellate case, you may file any other document, motions or notices electronically. You need not file with the Clerk of the Court of Appeals any paper copies of subsequent documents filed electronically.

Q. How do I know when the record has been transmitted to the Court of Appeals?

If you have opted in on the appellate case, you will receive notice from the Clerk of the Court of Appeals electronically.

Q. Do I file my brief and appendix electronically only?

Yes, you file your brief and any appendix electronically only. The requirements for color covers and for multiple copies are waived. It is preferred but not required that the table of contents of your brief include bookmarks to the corresponding portion of the brief. It is preferred but not required that the appendix be filed as a single paginated document, and that the table of contents include bookmarks to each corresponding item in the appendix. You must comply with all other requirements of Wis. Stat. Rule 809.19. You must serve by traditional methods one copy of the brief and any appendix on any party who has not opted-in on the appellate case.

Q. If I file my brief and appendix electronically, what should I state in the certification?

When filing a brief in a pilot case, in place of the certification required by Rule 809.19(12)(f), use the following:

I hereby certify that:

I have submitted an electronic copy of this brief, excluding the appendix, if any, which complies with the requirements of the Interim Rule for Wisconsin’s Appellate Electronic Filing Project, Order No. 19-02.

I further certify that a copy of this certificate has been served with this brief filed with the court and served on all parties either by electronic filing or by paper copy.

Electronically signed by:
[Name]

When filing an appendix or supplemental appendix in a pilot case, in place of the certification required by Rule 809.19(13)(f), use the following:

I hereby certify that:

I have submitted an electronic copy of this appendix which complies with the requirements of the Interim Rule for Wisconsin's Appellate Electronic Filing Project, Order No. 19-02.

I further certify that a copy of this certificate has been served with this appendix filed with the court and served on all parties either by electronic filing or by paper copy.

Electronically signed by:
[Name]

Q. How do I get the court's decision?

You will receive the Court of Appeals decision electronically. No paper copy of the decision will be mailed to you.