Friday, April 15, 2011

Certain Flaws But No Sanction....Yet

The Wisconsin Court of Appeals affirmed the dismissal of a civil case with the following admonitory language to plaintiff/appellant's counsel:

For future reference of appellant’s counsel, we also note certain flaws in the brief.  The brief lacked sufficient citations to the record.  See Wis. Stat. Rule 809.19(1)(d) and (1)(e).  This deficiency makes the work of opposing counsel and the court more difficult than it should be.  If the deficiency had been brought to our attention earlier by a motion to strike, we likely would have rejected the brief.  The brief’s appendix also fails to provide the decision of the trial court, as required by Wis. Stat. Rule 809.19(2)(a).  In spite of that obvious deficiency, appellant’s counsel signed a certification stating specifically, but inaccurately, that the appendix contained “the findings or opinion of the circuit court” and “oral or written rulings or decisions showing the circuit court’s reasoning regarding” the issues raised.  We exercise our discretion not to impose a monetary sanction in this case, but caution counsel that similar filing in the future may lead to sanctions. 

Fair warning. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2011/04/the-wisconsin-court-of-appeals-affirmed-the-dismissal-of-a-civil-case-with-the-following-admonitory-language-to-plaintiffapp.html

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