Judicial Council Note, 2001: Subsection (2) is changed to allow appellate courts to sanction parties who violate court orders. If the court finds an appeal was taken for purposes of delay, it can impose one or more of the four types of penalties specified in sub. In the event of a rule violation, the court is authorized to take such action as it considers appropriate. Judicial Council Committee's Note, 1978: Former ss. Failure of a person to comply with a court order or with a requirement of these rules, other than the timely filing of a notice of appeal or cross-appeal, does not affect the jurisdiction of the court over the appeal but is grounds for dismissal of the appeal, summary reversal, striking of a paper, imposition of a penalty or costs on a party or counsel, or other action as the court considers appropriate. (b) A motion for costs, penalties, damages and fees under this subsection shall be filed no later than the filing of the respondent's brief or, if a cross-appeal is filed, the cross-respondent's brief. A penalty in addition to interest not exceeding 10 percent on the amount of the judgment affirmed. (a) If the court finds that an appeal was taken for the purpose of delay, it may award any of the following:Ģ. 809.83 Rule (Penalties for delay or noncompliance with rules).
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