S t a t e o f W i s c o n s i n
Office of The State Public Defender
Wisconsin Forward Award Mastery Recipient
Appellate Division
| 48.43 (6) | Judgments are final and appealable under s. 808.03 (1) (appeal as of right). |
| 809.107 (1) | Procedure applies to appeal of judgment under s. 48.43 and supersedes all inconsistent provisions of ch. 809. |
| 808.04 (7m) | Appeal from judgment or order granting or denying TPR shall be initiated by filing notice of intent (NOI) to pursue postdisposition or appellate relief under s. 809.107 (2) with the clerk of the circuit court within 30 days after the date of entry of the judgment or order appealed from. This time period may not be enlarged unless the petition to terminate was filed on or after April 21, 2006. See Rules 808.04 (7m), 809.82 and In the Interest of Christopher D., 191 Wis. 2d 681, 530 N.W.2d 34 (Ct. App. 1995). |
| 809.107 (3) | Within 5 days after NOI to appeal is filed, the clerk of circuit court must, if the person filing requests representation by the SPD, send to the SPD appellate intake office a copy of the NOI, a copy of the judgment or order specified in the NOI and a list of the court reporters for each proceeding in the action in which the judgment or order was entered. |
| 809.107 (4) | Within 15 days after filing the NOI, the person shall request a transcript of the reporter's notes and a copy of the court file. A person who is denied SPD representation must request transcripts and the court record within 30 days after filing the NOI. |
| 809.107 (4m) | Within 30 days after the request, the court reporter shall file the transcript with the trial court and serve a copy of the transcript on the person and the clerk of circuit court shall serve a copy of the court record on the person. |
| 809.107 (5) (a) | Within 30 days after service of the transcript or the court record, whichever is later, the person shall file and serve a notice of appeal (NOA) and a docketing statement as provided in s. 809.10 (1) (a). This time period may not be enlarged unless the petition to terminate was filed on or after April 21, 2006. See Rules 809.107 (5) (a) and 809.82 (2) (b) and In Interest of Estel A., 195 Wis. 2d 268, 536 N.W.2d 396 (Ct. App. 1995)(NOA deadline cannot be extended). |
| 809.107 (5) (am) | Within 30 days after service of the transcript or the court record, whichever is later, if the person who files a NOI decides not to file a NOA, that person must notify any party required to be served under Rule 809.107 (2) that the person has decided not to file a NOA. |
| 809.107 (5) (c) and (d) | Within 5 days after filing the NOA, the person must request copies of the transcripts for each of the parties to the appeal and make arrangements to pay for those copies, and must file a statement on transcript with the clerk of the court of appeals. |
| 809.107(5) (b) | Clerk of trial court shall transmit the record to the court of appeals as soon as the record is prepared but no later than 15 days after the filing of the NOA. |
| 809.107(6) | Law contains an abbreviated briefing schedule (15 days for brief-in-chief, 10 days for respondent's brief, and 10 days for reply brief) and requires a decision by the court of appeals (COA) within 30 days after the filing of the reply brief. See Christopher D., supra (deadlines for briefing and for COA decision may be enlarged under Rule 809.82(2)). |
| 809.107 (6) | Petition for review in the Supreme Court shall be filed within 30 days after the decision of the court of appeals. The Supreme Court shall give preference to these petitions, but no time limit for decision is imposed. |
| 809.107 (5m) | No Merit Report. A Rule 809.32 no merit report may be filed within 15 days after the filing of the record on appeal. Counsel must also serve a copy of the no merit report and a copy of the transcript and court record on the client-parent within 15 days after the filing of the court record. The client-parent may file a response within 10 days after service. The clerk shall send a copy of the response to counsel within 5 days after it is filed. Counsel may file a supplemental no merit report and affidavit within 10 days after receiving the response. |
| 9/2006 | |
