Supreme Court Orders
The Wisconsin Supreme Court sets a public hearing
for Oct. 17 to consider a procedure to suspend law licenses or refuse
bar admission if the attorney or applicant is delinquent in making
court-ordered support payments or fails to comply with a subpoena or
warrant. The court also sets a public hearing for Oct. 23 to consider
the Judicial Council's proposed amendments to the rules of appellate
procedure. By its own motion, the court also has adopted fee increases
proposed by the Board of Bar Examiners.
Appellate Procedure - Proposed Changes
In the Matter of the Amendment of the Rules of Appellate Procedure:
Wis. Stat. §§ 808.04(1), (3) and (4); 808.07(6); 808.075(2)
and (8); 808.10; 809.01(5); 809.10(1); 809.107(5), (5m) and (6am);
809.11(4) to (8); 809.13; 809.14(1), (2) and (3); 809.15(2) to (5);
809.16; 809.17; 809.19(1), (3), (4), and (6) to (11); 809.24; 809.25(1)
and (3); 809.26; 809.30(1) to (4); 809.31(5); 809.32(1) to (4);
809.40(1), (3) and (4); 809.41(1) to (4); 809.43(1) and (2); 809.50(1),
(2) and (3); 809.51(2); 809.60(1) and (2); 809.62(3), (4) and (8);
809.64; 809.70(2); 809.80(1) and (3) to (5); 809.81(2) and (8);
809.82(2)(d); 809.83(2)
Order 00-02
On Feb. 2, 2000, the Judicial Council of Wisconsin filed a petition
seeking the amendment of numerous rules of appellate procedure provided
in Wis. Stat. chapters 808 and 809. The intended purpose of the proposed
amendments is set forth in the Comments of the Judicial Council, which
the Judicial Council asks be published with the amendments as Judicial
Council Committee Notes.
IT IS ORDERED that a public hearing on the petition shall be held in
the Supreme Court Hearing Room, 119 Martin Luther King Jr. Blvd.,
Madison, Wis., on Oct. 23, 2000, at 1:30 p.m.
IT IS FURTHER ORDERED that the court's conference in the matter shall
be held promptly following the public hearing and, if necessary,
continued on Oct. 24, 2000.
IT IS FURTHER ORDERED that notice of the hearing be given by
publication of a copy of this order and of the petition in the official
state newspaper once each week for three consecutive weeks and in an
official publication of the State Bar of Wisconsin not more than 60 days
nor less than 30 days before the date of the hearing.
Dated at Madison, Wis., this 28th day of April, 2000.
By the court:
Cornelia G. Clark, Clerk
Petition
The Judicial Council respectfully petitions this court for an order
pursuant to section 751.12, Stats., adopting the following amendments to
Chapter 808, Appeals and Writs of Error, and Chapter 809, Rules of
Appellate Procedure. This petition is explained in the comments to the
text that were supplied by the Judicial Council. The Judicial Council
further respectfully petitions this court to publish the comments as
Judicial Council Committee Notes to the adopted amendments.
SECTIONS 808.04 (1), (3) and (4) of the statutes are amended to
read:
808.04 Time for appeal to the court of appeals. (1) Initiating an
appeal. An appeal to the court of appeals must be initiated within 45
days of entry of a final judgment or order appealed from if
written notice of the entry of a final judgment or order is given
within 21 days of the final judgment or order as provided in s.
806.06(5), or within 90 days of entry if notice is not given, except as
provided in this section or otherwise expressly provided by law. Time
limits for seeking review of a non-final judgment or order are
established in s. 809.50.
(3) Except as provided in subs. (4) and (7), an appeal in a criminal
case, or a case under ch. 48, 51, 55
or, 938 or 980 or a proceeding under s.
971.17 shall be initiated within the time period specified in s.
809.30 or 809.32.
(4) Except as provided in sub. (7m), an appeal by the state in either
a criminal case under s. 974.05 or a case under ch. 48
or, 938 or 980 or a proceeding under s.
971.17 shall be initiated within 45 days of entry of the judgment or
order appealed from.
COMMENT to Section 808.04: The word "final" has been inserted
before "judgment or order" in sub. (1). The amendment specifies that the
45-day time limit applies in appeals from final orders and the 10-day
time limit in s. 809.50 applies to appeals from non-final orders. Subs.
(3) and (4) have been modified to include appeals in ch. 980 cases and
s. 971.17 proceedings.
SECTION 808.07(6) of the statutes is amended to read:
808.07(6) Sureties on undertakings. A surety shall file with the
undertaking an affidavit that the surety has a net worth in property
within this state not exempt from execution which exceeds the amount of
the undertaking, except as provided in s. 632.17(2). The respondent may
by motion object to the sufficiency of a surety within
10 14 days after service of a copy of the
undertaking.
COMMENT to Section 808.07: This is the first of fifteen statutes
scattered throughout the rules in which a 10-day deadline is being
changed to a 14-day deadline. Also 7-day deadlines are being changed to
11-day deadlines. Many of the current deadlines in Chapter 809 are
either 7 or 10 days and are affected by s. 801.15(1)(b), which
excludes "Saturdays, Sundays and holidays" from time periods "less than
11 days." Additionally, many time periods in ch. 809 run from the
service of a document, and under s. 801.15(5)(a), when a document is
served by mail, 3 days are added to the prescribed period. The interplay
of s. 801.15 and ch. 809 causes many of the time periods in ch. 809
to be substantially longer than the number of days specified in the
Rules. The varying time periods have made automation of the court's
deadlines difficult.
The proposed amendment of all of the 7-day or 10-day deadlines to
11 and 14 days, respectively, will remove the impact of
s. 801.15(1)(b) on the Rules of Appellate Procedure. However, there
will be little adverse impact on the time actually given to parties. The
proposed change will greatly facilitate the court's calculation of
deadlines. If circumstances demand a different time period, the court
may set an appropriate deadline under s. 809.82(2)(a).
SECTION 808.075(2) of the statutes is amended to read:
808.075 (2) In a case appealed under s. 809.30, the circuit court
retains the power to act on all issues until the notice of appeal has
been filed with the clerk of the trial circuit
court, except that the circuit court may not act upon any motion to
extend a time limit that is specified in s. 809.30. Thereafter, the
circuit court may act only as provided in subs. (1) and (4).
SECTION 808.075(8) of the statutes is created to read:
808.075(8) If an appellate court remands the record to the circuit
court for additional proceedings under sub. (5) or (6), the appellate
court, in the pending appeal, may review the judgment or order that the
circuit court enters following remand. If any party is aggrieved by the
judgment or order of the circuit court, the party shall file in the
appellate court a written statement of its objections to the judgment or
order within 14 days after the record is returned to the clerk of the
appellate court. A party that files a statement of objections need not
file an additional notice of appeal or cross-appeal.
COMMENT to Section 808.075: The second sentence in sub. (2) is a
codification of State v. Harris, 149 Wis. 2d 943, 440 N.W.2d 364 (1989).
Subsection (8) is new and is intended to clarify procedure following a
remand and to eliminate an additional notice of appeal or
cross-appeal.
SECTION 808.10 of the statutes is amended to read:
808.10. Review by the supreme court. A decision of the court of
appeals is reviewable by the supreme court only upon a petition for
review granted by the supreme court. The petition for review shall be
filed in the supreme court within 30 days of the date of the decision of
the court of appeals, except as provided in s. 809.62(8).
COMMENT to 808.10: Section 808.10 is amended to cross-reference
statutory provisions modifying the time for filing a petition for review
when a party files a motion for reconsideration of a court of appeals
decision or order.
SECTION 809.01(5) of the statutes is amended to read:
809.01(5) "Cross-appellant" means a respondent who files a notice
of cross-appeal or a respondent who files a statement of objections
under s. 808.075(8).
SECTION 809.10(1) of the statutes is repealed and recreated to
read:
809.10(1) Notice of appeal. (a) Filing. A person shall
initiate an appeal by filing a notice of appeal with the clerk of the
circuit court in which the judgment or order appealed from was
entered.
(b) Content: The notice of appeal shall include all of the
following:
- The case name and number.
- An identification of the judgment or order from which the person
filing the notice intends to appeal and the date on which it was
entered.
- A statement whether the appeal is in one of the types of cases
specified in s.752.31(2).
- A statement whether the appeal is one of those to be given
preference in the circuit court or court of appeals pursuant to statute.
- If the appeal is under s. 809.30 or 809.32, a statement of the date
of service of the last transcript or copy of court record if no
post-conviction motion is filed, the date of the order deciding
postconviction motions, or the date of any other notice of appeal
deadline that was established by the court of appeals.
- If counsel is appointed under ch. 977, a copy of the order
appointing counsel.
- (c) Copies of the notice. At the same time the person files
the notice of appeal, the person shall send a copy of the notice of
appeal to the clerk of the court of appeals.
(d) Docketing statement. The person shall also send the
court of appeals an original and one copy of a completed docketing
statement on a form prescribed by the court of appeals. The statement
shall accompany the court of appeals' copy of the notice of appeal. The
person shall also send a copy of the completed docketing statement to
opposing counsel. Docketing statements need not be filed in appeals
brought under ss. 809.32, 974.06(7), 809.105, 809.107, or in cases in
which a party appears pro se. Docketing statements need not be filed in
appeals brought under ss. 809.30 and 809.40, except that a docketing
statement shall be filed in cases arising under chs. 48, 51, 55 and
938.
(e) Time for filing. The notice of appeal must be filed
within the time specified by law. The filing of a timely notice of
appeal is necessary to give the court jurisdiction over the appeal.
(f) Error in content not jurisdictional defect. An
inconsequential error in the content of the notice of appeal is not a
jurisdictional defect.
COMMENT to Section 809.10: Former sub. (1)(a) has been repealed
and recreated as subs. (1)(a) to (d). Subsection 1(d) clarifies when a
docketing statement must be filed. Former sub. (1)(b) has been repealed
and recreated as sub. (1)(e). Subsection (1)(f) is new and codifies
existing law. See Northridge Bank v. Community Eye Care Ctr., 94 Wis. 2d
201, 203, 287 N.W.2d 810, 811 (1980); Carrington v. St. Paul Fire &
Marine Ins. Co., 169 Wis. 2d 211, 217 n.2, 485 N.W.2d 267, 269 n.2
(1992).
Note: Please see s. 809.32 for special requirements for a Notice
of Appeal in a No Merit Report appeal.
SECTION 809.107(5) of the statutes is repealed and recreated to
read:
809.107 (5) Notice of appeal; record.
(a) Filing; copy. Within 30 days after service of the transcript, the
person filing a notice of intent to appeal under sub. (2) shall file a
notice of appeal as provided in s. 809.10(1) and serve a copy of the
notice on the persons required to be served under sub. (2).
(b) Transmittal of record. The clerk of the trial court shall
transmit the record to the court of appeals as soon as the record is
prepared but in no event more than 15 days after the filing of the
notice of appeal.
(c) Ordering transcripts and court record. The appellant shall
request a copy of the transcript of the reporter's notes of the
proceedings for each of the parties to the appeal and make arrangements
to pay for the transcript and copies within 5 days of the filing of the
notice of appeal. The appellant may order a copy of the court record
within 5 days.
(d) Statement on transcript. The appellant shall file a statement on
transcript with the clerk of the court of appeals, and shall file a copy
of the statement on transcript with the clerk of the circuit court
within 5 days of the filing of the notice of appeal in the circuit
court. The statement on transcript shall either designate the portions
of the transcript that have been requested by the appellant or contain a
statement by the appellant that a transcript is not necessary for
prosecution of the appeal. If a transcript is necessary for prosecution
of the appeal, the statement on transcript shall also contain a
statement by the court reporter that the appellant has requested copies
of the transcript or designated portions thereof for each of the other
parties; that the appellant has made arrangements to pay for the
original transcript and for all copies for other parties; the date on
which the appellant requested the transcript and made arrangements to
pay for it; and the date on which the transcript must be served on the
parties.
(e) Service of transcript. The court reporter shall serve copies of
the transcript on the parties indicated in the statement on transcript
within 5 days after the date the appellant requested copies of the
transcript.
SECTION 809.107(5m) of the statutes is created to read:
(5m) No merit reports. A Rule 809.32 no merit report, response and
supplemental no merit report may be filed in an appeal from an order or
judgment terminating parental rights. The appointed attorney shall file
in the court and serve on the client parent the no merit report and
certification within the time period under sub. (6)(a). The parent may
file in the court and the clerk shall serve on the attorney a response
to the no merit report within the time period under sub. (6)(b). The
attorney may file a supplemental no merit report and affidavit(s) within
the time period under sub. (6)(c). After a no merit report has been
filed and upon request by the client parent, the attorney shall transmit
to the parent a copy of the transcript and the court record.
SECTION 809.107(6)(am) of the statutes is created to read:
809.107(6)(am) Motion for remand. If the appellant intends to appeal
on any ground that may require post-judgment fact-finding, the appellant
shall file a motion in the court of appeals, within 15 days after the
filing of the record on appeal, raising the issue and requesting that
the court of appeals retain jurisdiction over the appeal and remand to
the circuit court to hear and decide the issue. If the court of appeals
grants the motion for remand, it shall set time limits for the circuit
court to hear and decide the issue, for the appellant to request
transcripts of the hearing and for the court reporter to file and serve
the transcript of the hearing, and the court of appeals shall extend the
time limit under par. (a) for the appellant to file a brief presenting
all grounds for relief in the pending appeal.
COMMENT to Section 809.107: Former sub. (5) has been recreated as
subs. (5)(a) and (b). Subsection (5)(c) is new and requires the
appellant to request a transcript for the other parties to the appeal.
Subsection (5)(d) is new and requires the appellant to file a statement
on transcript. Subsection (5)(e) is new and requires the court reporter
to serve copies of the transcript within 5 days after it is ordered.
Subsection (5m) is new and codifies Brown County v. Edward C.T., 218
Wis. 2d 160, 579 N.W.2d 293 (Ct. App. 1998), which extends the no merit
procedure to TPR cases. Subsection (6)(am) is new and provides a
procedure for ineffective assistance of counsel claims and other claims
that require fact-finding after the final judgment or order has been
entered.
SECTION 809.11(4) of the statutes is repealed and recreated to
read:
809.11(4) Requesting transcripts and filing statement on
transcript.
(a) The appellant shall request a copy of the transcript of the
reporter's notes of the proceedings for each of the parties to the
appeal and make arrangements to pay for the transcript and copies within
14 days of the filing of the notice of appeal.
(b) The appellant shall file a statement on transcript with the clerk
of the court of appeals, and shall file a copy of the statement on
transcript with the clerk of the circuit court within 14 days of the
filing of the notice of appeal in the circuit court. The statement on
transcript shall either designate the portions of the transcript that
have been ordered by the appellant or contain a statement by the
appellant that a transcript is not necessary for prosecution of the
appeal. If a transcript is necessary for prosecution of the appeal, the
statement on transcript shall also contain a statement by the court
reporter that the appellant has requested copies of the transcript or
designated portions thereof for each of the other parties; that the
appellant has made arrangements to pay for the original transcript and
for all copies for other parties; the date on which the appellant
requested the transcript and made arrangements to pay for it; and the
date on which the transcript must be served on the parties.
SECTIONS 809.11(5) to (8) of the statutes are created to read:
809.11(5) Additional Portions of Transcript. Within 14 days after
service of a statement on transcript as required by sub. (4), any other
party may file a designation of additional portions to be included in
the transcript. Within 14 days after the service of such a designation,
the appellant shall file the statement required by sub. (4)(b) covering
the other party's designation. If the appellant fails or refuses to
request the designated portions the other party may request the
portions, or move the circuit court for an order requiring the appellant
to do so.
(6) Cross Appeals. Subsections (4) and (5) apply to
cross-appellants.
(7) Reporter's obligations. (a) Service of transcript copies. The
reporter shall serve copies of the transcript on the parties to the
appeal, file the transcript with the trial court and notify the clerk of
the court within 60 days of the date the transcript was requested and
arrangements were made for payment. If supplementation or correction of
the record is ordered, the reporter shall serve copies of the
supplemental or corrected transcript on the parties to the appeal, file
the supplemental or corrected transcript with the trial court, and
notify the clerk of the court within 20 days of the order for
supplementation or correction, or within the time limit set by order of
the court.
(b) Return of statement regarding transcript arrangements. The
reporter shall sign and send to the appellant, within 5 days after
receipt, the statement regarding transcript arrangements and service
required under sub. (4)(a).
(c) Extensions. A reporter may obtain an extension for filing the
transcript only by motion showing good cause that is filed in the court
of appeals and served on all parties to the appeal.
(d) Sanctions. If a reporter fails to timely file a transcript, the
court may declare the reporter ineligible to act as an official court
reporter in any court proceeding and may prohibit the reporter from
performing any private reporting work until the overdue transcript is
filed.
COMMENT to Section 809.11: The revision places all of the rules
concerning transcript preparation and service in one statute, and
eliminates the need for former s. 809.16. Subsection (4) combines and
recreates former s. 809.11(4) and the first sentence of former s.
809.16(1). Subsection (5) recreates the remaining portions of former s.
809.16(1). The time limits in subs. (4) and (5) are changed from 10 to
14 days. See the comment to s. 808.07(6) concerning time limits. No
other substantive changes in subs. (4) and (5) were intended. Subsection
(6) recreates former s. 809.16(2). Subsection (7)(a) recreates former s.
809.16(3). Subsection (7)(b) is created to specify a time within which
the court reporter must furnish a statement regarding transcript
arrangements to the appellant or cross-appellant. Subsection (7)(c)
recreates former s. 809.16(4). Subsection (7)(d) recreates former s.
809.16(5).
SECTION 809.13 of the statutes is amended to read:
809.13 Rule (Intervention). A person who is not a party to an appeal
may file in the court a petition to intervene in the appeal. A party may
file a response to the petition within seven (7)
11 days after service of the petition. The court may grant the
petition upon a showing that the petitioner's interest meets the
requirements of s. 803.09(1) or (2).
COMMENT to Section 809.13: The 7-day time limit has been changed
to 11 days. Please see the comment to s. 808.07(6) concerning time
limits.
SECTIONS 809.14(1) and (2) of the statutes are amended to read:
809.14 (1) A party seeking an order or other relief in a case shall
file a motion for the order or other relief. The motion must state the
order or relief sought and the grounds on which the motion is based and
may include a statement of the position of other parties as to the
granting of the motion. A motion may be supported by a memorandum. Any
other party may file a response to the motion within 7
11 days after service of the motion.
(2) A motion for a procedural order may be acted upon without a
response to the motion. A party adversely affected by a procedural order
entered without having had the opportunity to respond to the motion may
move for reconsideration of the order within 7
11 days after service of the order.
SECTION 809.14(3) is repealed and recreated to read:
809.14 (3)(a) The filing of a motion seeking an order or other relief
which may affect the disposition of an appeal or the content of a brief,
or a motion seeking consolidation of appeals, automatically extends the
time for performing an act required by these rules for a period
coextensive with the time between the filing of the motion and its
disposition.
(b) The filing of a motion to supplement or correct the record
automatically extends the time for performing an act required by these
rules for a period coextensive with the time between the filing of the
motion and its disposition. If a motion to correct or supplement the
record is granted, time limits for performing an act required by these
rules shall be tolled from the date on which the motion was filed until
the date on which the supplemental or corrected record return is filed,
except that the time for preparation of supplemental or corrected
transcripts is governed by s. 809.11(6)(a).
(c) The clerk of the circuit court shall be served with a copy of any
motion filed under this subsection.
COMMENT to Section 809.14: The 7-day time limits in subs. (1) and
(2) have been changed to 11 days. Please see the comment to s. 808.07(6)
concerning time limits. Subsection (3)(a) was revised to include
consolidation motions within the tolling provision. Subsection (3)(b)
creates a tolling provision when a motion to supplement or correct the
record is filed. Subsection (3)(c) creates a service requirement for
motions affecting the time limits for transmittal of the
record.
SECTION 809.15(2) of the statutes is amended to read:
(2) Compilation and approval of the record. The clerk of the
trial circuit court shall assemble the record in
the order set forth in sub. (1)(a), identify by number or
letter each paper, and prepare a list of the numbered
or lettered papers. At least 10 days prior to the due
date for filing the record in the court, the clerk shall notify in
writing each party appearing in the trial
circuit court that the record has been assembled and is available
for inspection. The clerk shall include with the notice the list of the
papers constituting the record.
SECTION 809.15(3) of the statutes is amended to read:
809.15(3) Defective record. A party who believes that the
record, including the transcript of the reporter's notes, is defective
or that it does not accurately reflect what occurred in the
trial circuit court may move the court in which
the record is located to supplement or correct the record.
Motions under this subsection may be heard under s. 807.13.
SECTION 809.15(4) of the statutes is repealed and recreated to
read:
809.15(4)(a) Transmittal of the record. The clerk of the circuit
court shall transmit the record to the court within 20 days after the
date of the filing of the transcript designated in the statement on
transcript or within 20 days after the date of the filing of a statement
on transcript indicating that no transcript is necessary for prosecution
of the appeal, unless the court extends the time for the transmittal of
the record or the tolling provisions of s. 809.14(3) extend the time for
transmittal of the record.
(b) Late transcript. If the reporter fails to file the transcript
within the time limit specified in the statement on transcript, the
clerk of the circuit court shall transmit the record not more than 90
days after the filing of the notice of appeal, unless the court extends
the time for the filing of the transcript of the reporter's notes. If
the court extends the time for the filing of the transcript of the
reporter's notes, the clerk of the circuit court shall transmit the
record within 20 days after the date of the filing of the
transcript.
(c) Supplementation or correction of record. Notwithstanding (a) and
(b), if a motion to supplement or correct the record is filed in the
circuit court, the clerk of the circuit court may not transmit the
record until the motion is determined. A copy of any motion to
supplement or correct the record that is filed in the circuit court
shall be sent to the clerk. The circuit court shall determine by an
order the motion to supplement or correct the record within 14 days of
its filing or the motion is considered to be denied and the clerk of the
circuit court shall immediately enter an order denying the motion and
shall transmit the record to the court within 20 days after entry of the
order. If the court grants the motion, the clerk of the circuit court
shall transmit the supplemented or corrected record to the court within
20 days after the entry of the order or the filing of the supplemental
or corrected record, whichever is later.
SECTION 809.15(5) of the statutes is created to read:
809.15(5) Notice of filing of record. The clerk of the court shall
notify the clerk of the circuit court and all parties appearing in the
circuit court of the date the record was filed.
COMMENT to Section 809.15: Subsection (2) was amended to require
that numbers be used to identify the contents of the record. Subsection
(4)(a) recreates the general rule for record transmittal from former
sub. (4). Exceptions to the general rule are set forth in subs. (4)(b)
and (c). Subsection (5) recreates the last sentence of former sub.
(4).
SECTION 809.16 of the statutes is repealed.
COMMENT: This entire section has been eliminated and consolidated
into the revision to s. 809.11.
SECTION 809.17 of the statutes is amended to read:
809.17 (title) Expedited appeals program, voluntary alternative
dispute resolution and presubmission conference.
(1) In order to minimize appellate delay and reduce its backlog, the
court of appeals may develop an expedited appeals program. The program
may involve mandatory completion of docketing statements by appellant's
counsel and participation in presubmission conferences at the direction
of the court, but participation in the court's accelerated briefing and
decision process is voluntary. The rules and procedures governing the
program shall be set forth in the court of appeals' internal operating
procedures.
(2) The court of appeals may establish an appellate mediation
program and make and enforce all rules necessary for the prompt and
orderly dispatch of the business of the program. Participation in the
appellate mediation program is voluntary, but the program may involve
mandatory participation in the presubmission conferences at the
direction of the court. Only those cases in which a docketing statement
is required to be filed under s. 809.10(1)(a) are eligible for
participation in the appellate mediation program. The parties to the
appeal shall pay the fees of a mediator providing services under the
program, unless those fees are waived or deferred by the court. The
rules and procedures governing the program shall be set forth in the
court of appeals' internal operating procedures.
(3) The court of appeals may require all attorneys of record
in any appeal to participate in a presubmission conference, either by
telephone or in person, with an officer of the court. An attorney of
record with no direct briefing interest in the appeal may waive his or
her participation in the conference by written notice to the court.
SECTION 809.19(1)(h) and (i) of the statutes are created to read:
(h) The attorney who files a brief shall sign it. If a party who is
not represented by an attorney files a brief, that party shall sign
it.
(i) Briefs shall refer to parties by name, rather than by party
designation, throughout the argument section.
SECTION 809.19(3)(a) of the statutes is amended to read:
809.19(3) Respondent's brief. (a) The respondent shall file a brief
within 30 days after the later of the following events: the date
of the service of the appellant's brief or the date
on which the court accepts the appellant's brief for filing. If the date
of service is later than the date of filing and if service is
accomplished by mail, 3 additional days shall be added to the 30-day
period for filing the respondent's brief, under s. 801.15(5)(a). The
brief must conform with sub. (1), except that the statement of issues
and the statement of the case may be excluded.