Wisconsin Statutes 809.22 – Rule (Oral argument)
Current as of: 2023 | Check for updates
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Terms Used In Wisconsin Statutes 809.22
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
(1) The court shall determine whether a case is to be submitted with oral argument or on briefs only.
(2) The court may direct that an appeal be submitted on briefs only if:
(a) The arguments of the appellant:
1. Are plainly contrary to relevant legal authority that appear to be sound and are not significantly challenged;
2. Are on their face without merit and for which no supporting authority is cited or discovered; or
3. Involve solely questions of fact and the fact findings are clearly supported by sufficient evidence; or
(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.
(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.
(4) On motion of any party or its own motion, the court may order that oral argument be heard by telephone.