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Sanctions – Appellate Procedure

Thomas Vitrano v. Milwaukee Police Department, 2010AP1987, District 1, 1/11/11

court of appeals decision (1-judge, not for publication); pro se; case activity; Resp. Br.

footnote 2:

We note with some frustration that neither party included a single citation to the record in their respective briefs in violation of Wis. Stat. Rule 809.19(1)(d).  Record cites are helpful to the court and are required even when the record is not voluminous.  That the parties do not provide record cites is particularly troublesome to the court because both parties set forth numerous facts that are not located in the record, including mention of Vitrano’s purported previous petition to obtain his confiscated property.  Because the parties do not cite to the record and because this fact (and others) were not located in the record by the court, we do not consider the fact on appeal.  See Nelson v. Schreiner, 161 Wis. 2d 798, 804, 469 N.W.2d 214 (Ct. App. 1991) (“Assertions of fact that are not part of the record will not be considered.”).

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