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Briefs – Appendix: Importance of, and Sanction for Falsely Certifying Compliance

Werner v. Hendry, 2009 WI App 103, PFR filed 7/17/09

Issue/Holding:

¶11      As a final matter, we observe that the appellant’s appendix fails to include the trial court’s reasoning. It is essential that the appendix include the record items truly relevant and essential to understanding the issues raised, particularly the trial court’s oral ruling. State v. Bons, 2007 WI App 124, ¶23, 301 Wis. 2d 227, 731 N.W.2d 367. Counsel for the appellant is sanctioned $150 for providing a false appendix certification and providing a deficient appendix. Id., ¶25. Counsel shall pay $150 to the clerk of this court within thirty days of the release of this opinion.

Just a friendly reminder to anyone filing an appellate brief: the court expects you to provide an adequate appendix, and it also takes the certification process very seriously. By the way, the court also dismissed Werner’s appeal on jurisdictional grounds, due to an untimely notice of appeal; the fine is insult added to injury.

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