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  • February 07, 2019

    Update to 'Appellate Filers Beware': More Changes for Electronic Records on Appeal

    In November 2018, Sarah Zylstra warned lawyers filing appellate briefs that the Wisconsin Court of Appeals computer system was reordering the record, making the record identifications in the clerk of circuit court's certification incorrect. The issue has been fixed for records transmitted on or after Dec. 21, 2018, says Zylstra.

    Sarah A. Zylstra

    In November, I wrote a blog article ("Appellate Filers Beware: Electronic Changes to the Record on Appeal") about electronic changes made to the circuit court record when circuit court clerks electronically transmit the record to the appellate court.

    As an unintended consequence, the computer system of the Court of Appeals’ clerk’s office was reordering that record. After the circuit court clerk’s certification, it moved all transcripts to the bottom of the list, thereby making the record identifications in the clerk of circuit court’s certification – required by Wis. Stat. section 809.15 – incorrect.

    I am happy to report that the problem has been rectified. For those records transmitted on or after Dec. 21, 2018, the computer system of the Court of Appeals’ Clerk’s office is no longer moving the transcripts in the record after the official certification.

    Therefore, counsel once again should be able to rely on the certification from the clerks of the circuit courts, which should match the record at the appellate level.

    Verification Still Advised

    As I detailed in my last blog article, counsel can and should still verify what constitutes the appellate record.

    To access a listing of the record electronically, counsel should log onto the Appellate Court e-filing system, click on “My Cases” and under each case listed, you will see three links:

    • View documents

    • View parties

    • View appeals document index

    Clicking on “View appeals document index” provides the listing of the appellate record as it stands at the Court of Appeals.

    For appellate records filed on or after Dec. 21, 2018, that list should match the clerk of the circuit court’s certification of the record.

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    Litigation Section Blog is published by the State Bar of Wisconsin; blog posts are written by section members. To contribute to this blog, contact Matthew Lein and Heather L. Nelson and review Author Submission Guidelines. Learn more about the Litigation Section or become a member.

    Disclaimer: Views presented in blog posts are those of the blog post authors, not necessarily those of the Section or the State Bar of Wisconsin. Due to the rapidly changing nature of law and our reliance on information provided by outside sources, the State Bar of Wisconsin makes no warranty or guarantee concerning the accuracy or completeness of this content.

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