Wisconsin: Supreme Court citation practice | Citation rule(s)


Examples from State v. T.J. Int'l, Inc., 2001 WI 76, 244 Wis. 2d 481, 628 N.W.2d 774

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¶4 We conclude that the definition of "business closing" in Wis. Stat. § 109.07(1)(b) does not include the sale of business assets where there is no actual operational shutdown--permanent or temporary--of the employment site. Where, as here, the transfer of ownership continues rather than interrupts or ceases the operation of the employment site, there is no "business closing" under the statute, and no 60-day notice of the sale is required. Accordingly, we affirm the court of appeals' reversal of the judgment of the circuit court.

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¶18 The court of appeals reversed, concluding that the plain language of the statute's definition of "business closing" required a "permanent or temporary shutdown of an employment site," and because the Hawkins plant never shut down, there was no "business closing" within the meaning of the statute. State v. T.J. Int'l, Inc., 2000 WI App 181, ¶10, 238 Wis. 2d 173, 617 N.W.2d 256. We accepted the State's petition for review.

¶19 We review a circuit court order granting or denying a motion for summary judgment independently, using the same methodology as the circuit court. Jankee v. Clark County, 2000 WI 64, ¶48, 235 Wis. 2d 700, 612 N.W.2d 297. Summary judgment is appropriate when there are no genuine issues of material fact in dispute and the moving party is entitled to judgment as a matter of law. Wis. Stat. § 802.08(2).

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¶32 We note that Wis. Admin. Code § DWD 279.002 (Apr., 2001), entitled "Interpretation" specifies that "whenever possible, this chapter will be interpreted in a manner consistent with the Federal Worker Adjustment and Retraining Notification Act, 29 USC 2101 et seq., the federal regulations and court decisions interpreting that Act to the extent that the provisions of federal and state law are the same." Both defendants cite federal cases interpreting the WARN Act in support of their positions. We agree with the State that none of these cases is particularly helpful to our analysis of the Wisconsin law.

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Wis. App. P. R. 809.19, http://docs.legis.wisconsin.gov/statutes/statutes/809.pdf.

Rule 809.19. Briefs and Appendix

(1) Brief of appellant. The appellant shall file a brief within 40 days of the filing in the court of the record on appeal. The brief must contain:

(a) A table of contents with page references of the various portions of the brief, including headings of each section of the argument, and a table of cases arranged alphabetically, statutes and other authorities cited with reference to the pages of the brief on which they are cited.

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(e) An argument, arranged in the order of the statement of issues presented. The argument on each issue must be preceded by a one sentence summary of the argument and is to contain the contention of the appellant, the reasons therefor, with citations to the authorities, statutes and parts of the record relied on as set forth in the Uniform System of Citation and SCR 80.02.

Wis. Sup. Ct. R. chapt. 80, http://www.wicourts.gov/supreme/sc_rules.jsp.

SCR 80.001 Definition.

In this chapter, "public domain citation" means the calendar year in which an opinion, rule, order, or other item that is to be published is issued or ordered to be published, whichever is later, followed by the designation of the court issuing the opinion, rule, order, or other item, followed by the sequential number assigned to the opinion, rule, order, or other item by the clerk of the court, in the following form:

2000 WI 14
2001 WI App 9

SCR 80.01 Official publications.

(1) The supreme court designates the Wisconsin Reports as published by Lawyers Cooperative Publishing and the Wisconsin Reporter edition of the North Western Reporter published by West Group as official publications of the opinions, rules, and orders of the court of appeals and the supreme court and other items designated by the supreme court. If any authorized agency of this state publishes the opinions, rules, orders, and other matters of the court of appeals and the supreme court in a format approved by the supreme court after January 1, 1979, that publication shall also be designated as an official publication.

(2) The official publication of each opinion, rule, order, and other item of the supreme court issued on or after January 1, 2000, shall set forth the public domain citation of the opinion, rule, order, or other item and shall include the paragraph numbering of the opinion.

(3) The official publication of each opinion, rule, order, and other item of the court of appeals ordered to be published on or after January 1, 2000, shall set forth the public domain citation of the opinion, rule, order, or other item and shall include the paragraph numbering of the opinion.

SCR 80.02 Proper citation.

(1) The citation of any published opinion of the court of appeals or the supreme court in the table of cases in a brief and the initial citation in a memorandum or other document filed with the court of appeals or the supreme court shall include, in the order set forth, a reference to each of the following:

(a) the public domain citation, if it exists;

(b) the volume and page number of the Wisconsin Reports in which the opinion is published;

(c) the volume and page number of the North Western Reporter in which the opinion is published;

(2) Subsequent citations shall include at least one of the references in sub. (1) and shall be internally consistent.

(3)

(a) Citation to specific portions of an opinion issued or ordered to be published prior to January 1, 2000, shall be by reference to page numbers, in the following form:

Smith v. Jones, 214 Wis. 2d 408, 412.
Doe v. Roe, 595 N.W.2d 346, 352.

(b) Citation to specific portions of an opinion issued on or after January 1, 2000, shall be by reference to paragraph numbers, in the following form:

Smith v. Jones, 2000 WI 14, ¶6
Smith v. Jones, 214 Wis. 2d 408, ¶12
Doe v. Roe, 2001 WI App 9, ¶17
Doe v. Roe, 595 N.W.2d 346, ¶27

(c) Citation to specific portions of an opinion issued prior to January 1, 2000, and ordered to be published after January 1, 2000, shall be by reference to paragraph numbers if they exist or to page numbers if paragraph numbers do not exist.