Wisconsin statutes provide strict deadlines for filing documents and taking other actions throughout the appellate process. For instance, an appellant must file his brief and appendix within 40 days of the filing in the court of the record on appeal. Wis. Stat. 809.19(1). By filing a motion for extension of time, a party requests that the court enlarge a specific deadline. According to Wis. Stat. 809.82(2):
[quote]Except as provided in this subsection, the court upon its own motion or upon good cause shown by motion, may enlarge or reduce the time prescribed by these rules or court order for doing any act, or waive or permit an act to be done after the expiration of the prescribed time.[/quote]The statute outlines certain deadlines that may not be extended. For example, a party may not extend the time for filing an appeal or cross-appeal in a civil case. Conversely, the deadline for filing a notice of appeal can be enlarged in most criminal cases. In both criminal and civil cases, parties may file a motion for extension of time to file their appellate briefs. In a motion to extend time, a party must explain to the court why an extension is appropriate and how long of an extension they would like.
Not all deadlines can be extended, however. For instance, the deadline to file a petition for review to the Wisconsin Supreme Court must be filed within the 30-day period following entry of the Court of Appeals’ decision. Any petitions for review to the Wisconsin Supreme Court filed after this deadline will be automatically dismissed for lack of subject matter jurisdiction.
If you are interested in hiring a Wisconsin appeals lawyer to assist with your appeal, please contact the Alderman law Firm today for your free consultation by calling 720-588-3529 (CO) or 608-620-3529 (WI).