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. Am I required to file an electronic copy of a brief with the Court of Appeals?
4. What color covers must I use for my Court of Appeals brief?
5. When will the court issue a decision in my case?
6. How do I look up case information on cases pending in the Wisconsin Court of Appeals?
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:

• Attorneys representing parties on appeal and most self-represented litigants must file ten copies with the court, including the original, and serve three copies on each party.  Self-represented litigants who have been determined indigent under Wis. Stats. § 814.29 must file five copies of the brief.
• Attorneys representing parties on appeal and most self-represented litigants must serve three copies of a brief on each party.  Self-represented litigants who have been determined indigent under Wis. Stats. § 814.29 must serve one copy on each party.
• In a one-judge appeal, self-represented litigants who have been determined indigent under Wis. Stats. § 814.29 must file three copies of a brief with the court and serve one copy on each party.
• The appellant's brief must include an appendix; see Rule 809.19(2).
• For fastrack/expedited appeals, five copies are usually ordered, but review the court order placing the case on the Fastrack schedule to determine the correct number of copies.

3. Am I required to file an electronic copy of a brief with the Court of Appeals?
The filing of an electronic copy of a brief is mandatory for attorneys and optional for self-represented litigants.  The filing of an electronic copy of an appendix is optional for both attorneys and self-represented parties. 

4. 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.

5. 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.

6. 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.

7. Can I file papers via facsimile (fax)?
Yes, the Clerk's Office accepts some filings by fax. You cannot, however, file by fax any paper that requires a filing fee, including the Notice of Appeal, and briefs cannot be filed by fax.  The most common document filed 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 should NOT also send the motion by 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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