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Vol. 73, No. 8, August 2000 |
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.
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(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.
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