(1) The court shall determine whether a case is to be submitted with oral argument or on briefs only.
809.22.Rule (Oral argument).
Ch. 809: Rules of Appellate Procedure · Last amended 1987 · Last verified July 15, 2026
In one sentenceSection 809.22 lets the court decide whether a case is submitted with oral argument or on briefs alone, listing when it may skip argument because the appellant’s position is clearly meritless, purely factual, or already fully developed in the briefs, and allowing argument to be held by telephone on motion or on the court’s own initiative.
Full Text of Section 809.22
(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.
Official Notes
Judicial Council Committee’s Note, 1978: The Supreme Court has for a number of years scheduled some cases for submission on briefs only without oral argument in an effort to accommodate its burgeoning caseload. The criteria by which the court decides whether a case is to have oral argument have never been formally adopted. This rule is a statement of those criteria. Counsel should address these criteria in their briefs in discussing the question of the need for oral argument. See Rule 809.19 (1) (c). Flexibility is provided by sub. (3) as to the length of oral argument in order to meet the needs of an individual case. It may be appropriate, for example, to have an oral argument for the sole purpose of allowing the court to ask questions of counsel. [Re Order effective July 1, 1978]
Judicial Council Note, 1988: Sub. (4) [created] authorizes oral arguments to be heard by telephone conference on motion of any party or the court of appeals. [Re Order effective Jan. 1, 1988]
Plain-English Summary
Section 809.22 leaves the choice of oral argument to the court. It decides whether a case is submitted with argument or on briefs only, rather than granting either side an automatic right to argue.
The section spells out when briefs-only submission is appropriate. That includes situations where the appellant’s arguments are plainly contrary to sound, unchallenged legal authority; are on their face without merit and unsupported by any authority found or cited; or turn solely on factual questions the evidence clearly supports. It also covers cases where the briefs already fully present and develop both sides’ theories and authorities, making argument of only marginal value against the added time and cost.
Where argument does happen, the court sets how much time each side gets, by general or special order. And on a party’s motion or its own initiative, the court can direct that the argument be held by telephone rather than in person.
Frequently Asked Questions
Do I have a right to oral argument in a Wisconsin appeal?
No. Section 809.22(1) leaves the decision whether a case is submitted with oral argument or on briefs only to the court.
When might the court decide my case on briefs only?
When the appellant’s arguments are plainly contrary to sound and unchallenged authority, are on their face without merit or authority, involve solely questions of fact clearly supported by the evidence, or when the briefs already fully present and develop the issues.
How much time do I get for oral argument?
The court determines the amount of time allowed to each party by general or special order.
Can oral argument happen by phone instead of in person?
Yes. On motion of any party or its own motion, the court may order that oral argument be heard by telephone.
What should my brief say about the need for oral argument?
Under section 809.19(1)(c), the brief must include a statement with reasons as to whether oral argument is necessary.
Amendment History
History: Sup. Ct. Order, 83 Wis. 2d xiii (1978); Sup. Ct. Order, 141 Wis. 2d xiii (1987).
Source & verification. Section text and official notes are
reproduced verbatim from the Wisconsin Statutes, published by the
Wisconsin Legislature (Legislative Reference Bureau). Last verified July 15, 2026.
· Official source
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