2010 Wisconsin Code
Chapter 809. Rules of appellate procedure.
809.22 Rule (Oral argument).

809.22

809.22 Rule (Oral argument).

809.22(1)

(1) The court shall determine whether a case is to be submitted with oral argument or on briefs only.

809.22(2)

(2) The court may direct that an appeal be submitted on briefs only if:

809.22(2)(a)

(a) The arguments of the appellant:

809.22(2)(a)1.

1. Are plainly contrary to relevant legal authority that appear to be sound and are not significantly challenged;

809.22(2)(a)2.

2. Are on their face without merit and for which no supporting authority is cited or discovered; or

809.22(2)(a)3.

3. Involve solely questions of fact and the fact findings are clearly supported by sufficient evidence; or

809.22(2)(b)

(b) The briefs fully present and meet the issues on appeal and fully develop the theories and legal authorities on each side so that oral argument would be of such marginal value that it does not justify the additional expenditure of court time or cost to the litigant.

809.22(3)

(3) The court shall determine the amount of time for oral argument allowed to each party in a case either by general or special order.

809.22(4)

(4) On motion of any party or its own motion, the court may order that oral argument be heard by telephone.

809.22 - ANNOT.

History: Sup. Ct. Order, 83 Wis. 2d xiii (1978); Sup. Ct. Order, 141 Wis. 2d xiii (1987).

809.22 - ANNOT.

Judicial Council Committee's Note, 1978: The Supreme Court has for a number of years scheduled some cases for submission on briefs only without oral argument in an effort to accommodate its burgeoning caseload. The criteria by which the court decides whether a case is to have oral argument have never been formally adopted. This rule is a statement of those criteria. Counsel should address these criteria in their briefs in discussing the question of the need for oral argument. See Rule 809.19 (1) (c). Flexibility is provided by sub. (3) as to the length of oral argument in order to meet the needs of an individual case. It may be appropriate, for example, to have an oral argument for the sole purpose of allowing the court to ask questions of counsel. [Re Order effective July 1, 1978]

809.22 - ANNOT.

Judicial Council Note, 1988: Sub. (4) [created] authorizes oral arguments to be heard by telephone conference on motion of any party or the court of appeals. [Re Order effective Jan. 1, 1988]