Court of Appeals filing frequently asked questions

1. How do I file an appeal?
2. How many copies of a brief do I have to file with the Court of Appeals?
3. What color covers must I use for my Court of Appeals brief?
4. When will the court issue a decision in my case?
5. How do I look up case information on cases pending in the Wisconsin Court of Appeals?
6. Can I communicate electronically with the court?
7. Can I file papers via facsimile (fax)?
8. What are the office hours for the Court of Appeals Clerk's Office?

1. How do I file an appeal?
An appeal of a final circuit court judgment or order can be initiated with the Wisconsin Court of Appeals by filing a notice of appeal with the clerk of the circuit court for the county in which the judgment or order being appealed was entered.

Please refer to the Rules of Appellate Procedure, Chapter 809 of the Wisconsin Statutes, for specific information on initiating the appeal process. A handbook entitled The Guide to Appellate Procedure for the Self-Represented that provides simplified information on initiating an appeal is also available. A copy of the Rules of Appellate Procedure and the guide can be obtained from the Clerk's Office.

2. How many copies of a brief do I have to file with the Court of Appeals?
Several factors determine how many copies of a brief must be filed, but the following apply in most situations:

• File ten copies with the court, includes the original, and serve three copies on each party. If you are representing yourself and have been determined indigent under Wis. Stats. § 814.29, five copies are required. Three copies of a brief are to be served on each party, or if indigent under Wis. Stats. § 814.29, one copy is is served on each party.
• If you are representing yourself in a one-judge appeal, and have been determined indigent under Wis. Stats. § 814.29, file three copies with the court, and serve one copy on each party.
• The appellant's brief must include an appendix; see Rule 809.19(2).
• Fastrack/expedited appeals – generally, five copies are ordered, but review the court order placing the case on the Fastrack schedule to be sure.

3. What color covers must I use for my Court of Appeals brief?

• Appellant's brief – Blue
• Respondent's brief – Red
• Reply brief – Gray
• Combined respondent-cross appellant's brief – Red with a Blue divider page separating the two portions of the brief.
• Combined reply-cross respondent's brief - Gray with a Red divider page separating the two portions of the brief.
• A front and back cover is required.

4. When will the court issue a decision in my case?
It is not possible to know exactly how long the appeal process will take in a particular case. The most recent statistics, however, indicate that the average appeal time, from the filing of the notice of appeal to the court's decision, is slightly less than 10 months. To obtain more specific statistical information regarding appeal times, you can download the Court of Appeals' Annual Report.

5. How do I look up case information on cases pending in the Wisconsin Court of Appeals?
Case information is available online. You may also telephone the Clerk's Office at (608) 266-1880 for the status of a case. It is helpful if you have the appellate court case number available.

6. Can I communicate electronically with the court?
No. The court does not currently accept documents electronically. You must use the postal service, a delivery service, or if the statutes permit, send your documents by facsimile transmission to the Clerk's Office.

7. Can I file papers via facsimile (fax)?
Yes, in some instances. The court does accept some fax filings. You cannot, however, file by fax any paper that requires a filing fee even if the filing fee is waived in your particular case. Essentially, this means that a new action cannot be initiated by fax. You also cannot file briefs by fax due to the requirement for specific brief cover colors. One example of a paper you can file by fax is a motion. When filing a motion by fax, you must fax the number of copies of the paper required by the rules and you do not need to also send the paper via mail. The Clerk's Office fax number is (608) 267-0640.

8. What are the office hours for the Clerk's Office?
The Clerk's Office is open from 7:15 a.m. to 5:00 p.m., Monday through Friday. Papers filed with the Clerk's Office must be delivered during the open hours of the office, as there is no drop-off receptacle. The office also serves as the Clerk's Office for the Wisconsin Supreme Court. Please telephone the Clerk's Office at (608) 266-1880 to obtain information on holiday closings.

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