How Do I Appeal the Dismissal of my Case?

If you believe your case was prematurely dismissed, you can ask the court of appeals to review the dismissal. This is a type of appeal, and it requires several steps.

File a Notice of Appeal

The first step is filing your Notice of Appeal (“NOA”). The NOA lets the court know that you wish to appeal a certain decision. You must file the NOA in two places:

(1)  With the Clerk of the Circuit Court in which your case was decided.

(2)  With the Clerk of the Court of Appeals

If you are represented by an attorney, you will need file a Docketing Statement along with your Notice of Appeal to the Court of Appeals.

File a Statement on Transcript

Within 14 days after you have filed your Notice of Appeal, you must file a Statement on Transcript (“SOT”). Importantly, you must calculate and manage this and other deadlines on your own. If you are unsure of what date you filed your Notice of Appeal, you may look up your case via the Wisconsin Court System Supreme Court and Court of Appeals Access.

The SOT indicates what transcripts, if any, will be necessary for your argument on appeal. You must order necessary transcripts before filing the SOT. Within your appeal, you cannot reference any statement made in court without first requesting a copy of the corresponding transcript. To order transcripts, determine who the responsible court reporter(s) are (this information is often available on CCAP, linked above), contact them, and arrange payment.

File Appellate Briefs

After receiving the SOT, the Clerk of the Circuit Court will compile the Record on Appeal (“ROA”). The ROA is simply all documents that have been filed with the Circuit Court in your case. You have 45 days from when the Record on Appeal is filed to file your Appellate Brief. The opposing party will likely file a “Brief of Respondent,” which opposes your brief. After this filing, you will have 15 days to file a brief replying to the “Brief of Respondent.”