May 2, 2012 – The Appellate Practice Section has created an Appellate Brief Filing Checklist outlining requirements to help lawyers during the brief-writing process. The first section of the 13-page document, Appellate Brief Filing Checklist, includes considerations for the form of the brief and the appendix, filing and service of briefs and appendix, and additional considerations for reply and non-party briefs.

The second section, Appellate Brief Filing Checklist Outline, describes in detail the requirements of Wis. Stat. section 809.19. The outline 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• Citation of unpublished opinions

This document is for guidance and should not be considered a definitive statement of the rules. Users should always look at the rules, too.

Creating the Document

An ad hoc committee of the Appellate Practice Section members who practice in both civil law and criminal law – some work in the private sector (large, medium, and small firms) and others for governmental agencies – created the checklist. Two staff attorneys from the Wisconsin Court of Appeals reviewed the draft. Once the committee had arrived at a nearly final version, it was sent to all Appellate Practice Section members for review.

The Section thanks the following Appellate Practice Section members for their efforts for the last two years:

• Jennifer Andrews, Wisconsin Court of Appeals
• 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
• Roberta Heckes, Roberta Heckes Attorney at Law
• Anne Berleman Kearney, Appellate Consulting Group
• Kathryn Keppel, Gimbel, Reilly, Guerin & Brown LLP
• Jackie Kolitz, Wisconsin Court of Appeals
• 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

• Download the Appellate Brief Filing Checklist (PDF)