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New checklist assists lawyers, litigants in filing appellate briefs

Madison, Wisconsin - June 7, 2012

An ad hoc committee of the State Bar of Wisconsin’s Appellate Practice Section has created a checklist to assist lawyers and litigants in writing and filing briefs with the Wisconsin Court of Appeals.

The checklist is among three related documents now posted on the Clerk of Supreme Court and Court of Appeals portion of the Wisconsin Court System website at:  www.wicourts.gov/courts/offices/clerk.htm

The documents, located under the Appellate eFiling section of the website, include:

The checklist was developed during the last two years and addresses: the form of the brief and the appendix; filing and service of briefs and appendices; and additional considerations for reply and non-party briefs.

“I think this is going to be an excellent resource, not only for attorneys who specialize in appellate practice, but for all attorneys who work on appeals,” said Diane Fremgen, clerk of the Wisconsin Supreme Court and Court of Appeals. “Thanks to the committee’s work, the checklist concisely answers many questions my office now receives about the structure and format of appellate briefs.”

The Appellate Brief Filing Checklist Outline describes in detail the requirements of Wis. Stat. section 809.19 and includes specific information regarding:

  • Covers, captions, table of contents, and brief binding
  • Statement of issues for review, oral argument, and publication
  • Case, argument, and conclusion
  • Signature
  • Form and length requirements and certification
  • Appendix and certification
  • Mailing certification or affidavit
  • Number of paper copies required for filing and service
  • Electronic brief requirements and appendix
  • Citation of unpublished opinions

Wisconsin Court of Appeals Chief Staff Attorney Jennifer Andrews and Assistant Deputy Clerk Jackie Widing assisted in reviewing the checklist, which is intended for guidance and should not be considered a definitive statement of the rules.

Appellate Practice Section members who helped develop the checklist during the last two years include:

  • Timothy Barber, Axley Brynelson LLP
  • Dorothy Dey, Beck, Chaet, Bamberger & Polsky S.C.
  • William Gansner, Wisconsin Department of Justice
  • G. Michael Halfenger, Foley & Lardner LLP
  • Ellen Henak, Wisconsin State Public Defender’s Office
  • Roberta Heckes, Roberta Heckes Attorney at Law
  • Anne Berleman Kearney, Appellate Consulting Group
  • Kathryn Keppel, Gimbel, Reilly, Guerin & Brown LLP
  • Lisa Lawless, Whyte Hirschboeck Dudek S.C.
  • Korey Lundin, Legal Action of Wisconsin Inc.
  • Todd Smith, Godfrey & Kahn SC
  • Katherine Stadler, Godfrey & Kahn S.C.
  • Urszula Tempska, Law Office of Urszula Tempska
  • Nicholas Zales, Zales Law Office

Tom Sheehan
Court Information Officer
(608) 261-6640

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