Feb. 4, 2009 – On Jan. 6, 2009, the Wisconsin Supreme Court issued its order adopting a set of amendments to the Rules of Appellate Procedure that will usher in the electronic filing of briefs, no-merit reports, petitions for review, and appendices. The court approved these rule changes in principle at its open administrative conference on Oct. 28, 2008, and subsequently voted its final approval. The new rules go into effect on July 1, 2009.
The new rules represent an initial step toward appellate e-filing in that electronic copies of certain documents on appeal will be required in addition to the paper copies currently required. Under the new rules, the filing of an electronic copy of all briefs, no-merit reports, and petitions for review (and responses thereto) will be mandatory for attorneys and optional for the self-represented. Electronic versions of appendices to these documents may be submitted to the court, but will not be required.
Once submitted and accepted for filing, e-filed documents will be available online to judges, court staff, the parties and/or their attorneys, and, in the case of briefs, to the general public. To protect against the possibility of breaches of the confidentiality of personal information, appendices will not be available on-line.
The process for e-filing a document on appeal is straightforward and similar to the federal courts’ CM/ECF system. In order to use the system, attorneys will need a personal computer, Internet access, Adobe Reader software (available free at www.adobe.com), PDF conversion software (available for a fee from Adobe and free elsewhere), and a unique Wisconsin Court System login. To receive a login, attorneys must register with the courts’ e-filing system, which is accessible through the court’s website at www.wicourts.gov by clicking the button marked “Electronic Filing (eFiling) “on the right side of the screen. To register, select “Go to the eFiling Web site. “Once registered, attorneys will use this website to log on to the system and to e-file documents in circuit courts as well as the appellate courts. Please note that as of Jan. 1, 2009, e-filing is operational in the Washington County circuit courts only.
The deadline for the submission of an electronic document is the same as the deadline for the corresponding paper document. Thus, an electronic document should be submitted to the e-filing system on or before 5 p.m. on the date the paper version is due to be filed with the Clerk’s Office. If a filer is taking advantage of the provisions of 809.80(3)(b), which allow a brief to be timely filed when it is mailed or delivered to a third-party carrier (rather than when it is received by the Clerk’s Office), the filer must still meet the 5 p.m. deadline for submission of the electronic version of the brief.
Electronic briefs submitted to the appellate courts will be reviewed by the Clerk’s Office for compliance with the appellate rules, just as paper documents are reviewed today. If the document is accepted, the electronic copy is considered transmitted to the court at the time the original transmission to the electronic filing system was complete. Upon acceptance of the electronic copy, the e-filing system will issue a confirmation with the date and time of the original transmission. The confirmation receipt is the filer’s proof of the electronic transmission only. The filing date for the document remains the date on which the paper document is filed.
Under the new rules, the electronic versions of briefs must be in text-searchable Portable Document Format (PDF). A text-searchable PDF document is converted directly from a word processing program rather than scanned. In addition, the brief document must not contain the optional electronic copy of the appendix. If the filer provides an electronic copy of the appendix, it must be e-filed as a separate document and must be a PDF image document rather than text-searchable PDF. In addition, if the appendix is greater than 200 pages, the electronic version should be split into smaller documents.
Attorneys must certify (in both the electronic document and the paper document) that the text of the electronic copy of the brief, no-merit report, or petition for review (and responses thereto) is identical to the text of the paper copy. Also, unlike in the circuit court, where under 801.17(9) the electronic document is the official court record, under the new rules the paper copy of documents filed on appeal remains the official court record.
Attorneys who lack the technological capability to comply with the new rules may file a motion for relief from the electronic filing requirements. The motion must be filed at the time the attorney files the paper document, and in it the attorney must show good cause why it is not feasible for that attorney to comply.
In addition, attorneys should take notice that the e-filing system may not be used for the filing of documents on appeal other than those specifically provided for in the rules. No appeals may be initiated electronically, no motions will be accepted by e-filing, and filing fees may not be tendered electronically.
Attorneys are urged to contact the Clerk’s Office with any questions about these new procedures.
David R. Schanker is the Clerk of the Supreme Court/Court of Appeals, Madison
