This article was authored by our managing attorney Kimberly Alderman and recently published in the Wisconsin Law Journal. Wisconsin statutes are clear that a final judgment or order is appealable as a matter of right, unless an exception applies. So the Court of Appeals is required to consider a losing party’s request for review of […]
All cases begin and end at the trial court level. Even where a litigant appeals the trial level outcome to a higher court, the higher court can only review the issues presented to it. For example, if an appellate court reverses the findings of a trial court, the appellate court must send the case back […]
First of all — if the supreme court has granted your petition for review — congratulations are in order. In most states, fewer than 10 percent of petitions for review are granted. Unlike in the court of appeals, where the court is required to hear your case, the state supreme court gets to choose which […]
When you relocate while your appeal is still pending, it is important to change your address on file with the responsible court. This is imperative if you are representing yourself (i.e. if you are a pro se litigant). While most governmental institutions accept change of address information over the phone, the process for changing your […]
Whether you are a pro se litigant or a seasoned appellate attorney, the nature of appellate briefing often necessitates asking the court for at least one deadline extension. Luckily, most Appellate Courts have a procedure through which litigants can ask for extra time. Although it is possible to ask for an extension in most cases, […]
Most Courts of Appeals have strict rules concerning the color of appellate brief covers. Although briefs filed with the wrong color cover may still be filed, the court may also decide to return the brief for correction. If you are filing your brief close to the deadline, a returned brief may have damaging consequences. For […]
Written by Managing Attorney Kimberly Alderman and published in the June 2014 edition of Wisconsin Lawyer: A trial attorney may have good reasons for wanting to handle appeals for his or her own cases. It’s only natural to want to finish what one started, and it may seem impossible to get an appellate attorney up […]
One of the most frequently asked questions that courts receive concerning appeals is also one of the most simple, “Did the court get my brief?” Most states provide free online access to public court records. For example, the Wisconsin Court of Appeals has a website wherein anyone can search for a case using a multitude […]
Sometimes, after everything is said and done in a particular case, a piece of extremely relevant — yet somehow undiscovered — evidence comes to light. If the newly discovered evidence is persuasive enough, a the losing party may be able to convince the court to grant him a new trial. In order to successfully request […]
Sometimes, a case presents a matter of law that would be better answered by the courts of another state or jurisdiction. This often occurs when federal courts are asked to decide an issue that turns on state law. When this occurs, the reviewing court may ask a court within another jurisdiction or state to consider […]