Sign In
  • InsideTrack
    April 23, 2025
  • April 23, 2025

    Legal Research 101: Appellate Practice

    Appellate courts operate with different nuances in filing and appearance procedures in a different court system. Law librarian Elizabeth Manriquez discusses resources available for individuals appearing in appellate courts, both federal and Wisconsin.

    Elizabeth Manriquez

    stock image

    April 23, 2025 – There are multiple resources available to assist both attorneys and self-represented litigants on the procedures and forms required by the trial courts. Previous legal research articles in InsideTrack provide many of these resources organized by legal topic and jurisdiction.

    However, when a case proceeds to an appellate court, litigants and defendants must familiarize themselves with a new set of procedures and rules.

    Even seasoned trial attorneys must account for the nuances in filing and appearing in a higher-level court, and failing to do so may result in rejected briefs, wasted time, or even a fine.

    This article provides some of the resources available for individuals appearing in appellate courts, both federal and Wisconsin.

    Wisconsin Appellate Court Resources

    In Wisconsin, there is a wealth of information available on the state court websites, such as the Clerk of the Supreme Court and the Court of Appeals.

    Elizabeth Manriquez Elizabeth Manriquez is head of Reference and Scholarly Support at the University of Wisconsin Law School Library. She is a past president of the Law Librarians Association of Wisconsin (LLAW). LLAW's Public Relations Committee coordinates regular contributions by its members to InsideTrack.

    While the target audience for many of these publications are self-represented litigants, such as the Guide to Appellate Procedure for the Self-Represented Litigant, attorneys can also benefit from the concise and thorough guides available. Example resources include Wis. Stat. chapter 809 - Rules of Appellate Procedure, the Court of Appeals bank of forms, and information on the state’s required Appellate court eFiling system.

    If you are searching for examples when drafting your brief, the Brief Assistant from the State Bar of Wisconsin's Appellate Practice Section or the Wisconsin Briefs Collection at the University of Wisconsin Law School Library are great beginning points.

    Additional government resources are available outside the courts. The Wisconsin State Public Defender’s Office Appellate Division (SPD) provides information for both trial attorneys and appellate practitioners on their website.

    Available resources from the SPD include the handbook, Appellate Practice & Procedure for SPD-Appointed Counsel; the SPD Appellate Division Templates & Forms, and an Appeal Checklist for Trial Attorneys.

    In addition, the Wisconsin State Law Library provides links to controlling primary law and many of the resources discussed below in their research guide to Appellate Procedure.

    Federal Appellate Court Resources: Seventh Circuit

    On the federal level, the Seventh Circuit of the U.S. Court of Appeals also provides Forms, Fees and Guides; , Rules and Procedures; and Guides on its website, as well as the Practitioner’s Handbook for Appeals. Also available are example briefs and information on the federal court’s efiling system, PACER.

    The Library of the U.S. Courts of the Seventh Circuit provides recommended websites for primary and secondary sources. The William J. Campbell Headquarters Library in Chicago is open to the public conducting legal research, but many of the satellite branches, such as Madison, are not open to the local bar or public; attorneys must seek permission to use the library.

    Secondary Sources on Procedure

    While these free resources are essential, some standard secondary sources on procedure are available through a library or various vendors for those engaged in appellate practice. These secondary sources provide basic information and commentary necessary for appellate practice.

    An excellent example is Appellate Practice and Procedure in Wisconsin, published by State Bar of Wisconsin PINNACLE®. This publication presents step-by-step guidance for navigating both the Wisconsin Supreme Court and the Wisconsin Court of Appeals. Similarly, the Attorney's Guide to the Seventh Circuit Court of Appeals, also from State Bar PINNACLE, provides examples, context, and assistance navigating the various rules and procedures of federal filings.

    Two other guidebooks from State Bar PINNACLE are the Wisconsin Rules of Appellate Procedure and Related Supreme Court Rules 2025. And just off the press is Standards of Appellate Review in Wisconsin, a guide to help you pinpoint applicable standards of review and strengthen your arguments on appeal.

    You'll find more resources, including CLE programs, on the WisBar.org Marketplace website.

    There are several federal practice desk books available on the topic. One of the most well known is Wright & Miller’s Federal Practice and Procedure from Thomson Reuters. This comprehensive, multi-volume set is available through Westlaw Precision. Also available on Westlaw Precision are Federal Appeals Jurisdiction & Practice and Federal Court of Appeals Manual.

    Another seminal text on the subject is Moore’s Federal Practice and Procedure, available through Lexis+. Also available on Lexis+ is Federal Criminal Practice: Seventh Circuit Criminal Handbook and Appellate Practice in Federal and State Courts.

    Many of the above titles are also available at the Wisconsin State Law Library, Marquette’s Ray & Kay Eckstein Law Library, and the University of Wisconsin Law School Library; contact them directly for questions on currentness and availability.

    Blogs and Podcasts

    Even if you’ve been practicing appellate law for decades, it’s crucial to stay on top of recent developments. Blogs and podcasts are great mechanisms for staying current.

    The State Bar of Wisconsin’s Appellate Practice Section publishes Sua Sponte and the Wisconsin State Public Defender’s blog On Point frequently posts on current developments, both state and federal. Offering a different perspective from the practitioners', the Appellate Advocacy Blog is a member of the Law Professor Blogs Network, written primarily by legal scholars.

    In an ever-busier life, many turn to podcasts over blogs to consume the latest developments. Few of these podcasts are without political commentary, but most present important information and are available in a variety of viewpoints.

    Some notable podcasts on the topic of appellate law, are Strict Scrutiny, Short Circuits, Lady Justice: Women of the Court, Divided Argument, and Advisory Opinions.

    Boost Your Research with Help from a Law Librarian

    If you are feeling overwhelmed by the resources above or are still unsure where to start, contact a librarian! We are trained to assist patrons with finding and using the best resources for them and their unique legal research topics.

    Reach out and ask your local law librarian for help with your research, or at these libraries:

    Attorney General Kaul Discusses U.S. Supreme Court Decisions at AMC

    Wisconsin Attorney General Josh Kaul discusses relevant and timely decisions from the U.S. Supreme Court as this term comes to a close at the opening plenary at the Annual Meeting & Conference (AMC), June 18-20 in Madison.

    Visit the AMC website for more information on CLE programs, special events, and registration information.

    conference logo

     


Join the conversation! Log in to comment.

News & Pubs Search

-
Format: MM/DD/YYYY