WLJ Appellate Law - 2008 News

When laying out your appellate case, keep it brief

Mon, 17 Mar 2008 08:28:38 CDT

It would be called a “long” if that’s what judges wanted. Instead, it’s called a “brief.”
Barbara J. Janaszek, chairperson of the State Bar’s Appellate Practice Section, explains, “I operate with one overriding assumption, and that’s who my audience is: busy appellate judges with a heavy docket, who probably will review my brief only once. That translates into making sure that every single thing in that brief is clear, concise and understandable.”

Stand and be heard

Mon, 17 Mar 2008 08:23:22 CDT

When it comes to oral argument, no man is an island.

Disorder in the court: Oral arguments gone awry

Mon, 17 Mar 2008 08:19:53 CDT

There’s an old joke about a lawyer who passes out during oral argument. The judge rushes down from the bench and says, “Are you all right?”

Inside the appellate judges head

Mon, 17 Mar 2008 08:16:36 CDT

The grim reality is that most appeals fail. According to the Wisconsin Court of Appeals’ statistics for 2006, only 26 percent of civil appeals and 17 percent of criminal appeals yielded reversals. Lawyers and clients would do well to get inside the appellate judge’s head in order to understand the obstacles to reversal and, to the extent possible, give the court what it needs to reverse in their particular appeal.

Final for purposes of appeal: Making sense of the exception to clarity in Wambolt and Tyler

Mon, 17 Mar 2008 08:13:18 CDT

One of the first issues facing attorneys in an appeal as of right is whether the judgment or order appealed from is final for purposes of appeal. According to the Wisconsin Statutes sec. 808.03(1), a final judgment or order is one that disposes of the entire matter in litigation as to one or more of the parties and has been entered.

State Supreme Court has Rich resource

Mon, 17 Mar 2008 08:07:01 CDT

When Wisconsin Supreme Court Commissioner Julie Anne Rich reads and reviews more than 1,000 cases annually, she is well aware that only a small percentage will actually make it to court. About “95 percent” of her work ends up in the recycling bin, but that comes with job, according to Rich, who has held the position since 2001.

The appendix: More than a formality

Mon, 17 Mar 2008 08:02:34 CDT

In the appellate practice of law, the appendix is essential. To be sure, no one would suggest that it is as important as the brief. But, as a means of supporting or supplementing the arguments in an appellate brief, the appendix merits attention and thought in all cases.

Directory Listing

Mon, 17 Mar 2008 07:54:03 CDT