801.51 Challenges to improper venue. Any party may challenge venue, on the grounds of noncompliance with s. 801.50 or any other statute designating proper venue, by filing a motion for change of venue:
(1) At or before the time the party serves his or her first motion or responsive pleading in the action.
(2) After the time set forth in sub. (1), upon a showing that despite reasonable diligence, the party did not discover the grounds therefor at or before that time.
History: 1983 a. 228.
Judicial Council Note, 1983: This section sets forth the procedure for challenging the plaintiff's initial choice of venue on the grounds that it fails to comply with the provisions of s. 801.50 or any other statute specifying proper venue. The former statute's 2-stage proceeding was unnecessary and tended to create confusion for unwary litigants. [Bill 324-S]
This section and s. 801.50, the general venue statutes, do not apply to actions arising from consumer credit transactions. Rather, the venue provision in s. 421.401 applies. Brunton v. Nuvell Credit Corp., 2010 WI 50, 325 Wis. 2d 135, 785 N.W.2d 302, 07-1253.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 801 - Civil procedure — commencement of action and venue.
801.01 - Kinds of proceedings; scope of chs. 801 to 847.
801.02 - Commencement of action.
801.03 - Jurisdiction; definitions.
801.04 - Jurisdictional requirements for judgments against persons, status and things.
801.05 - Personal jurisdiction, grounds for generally.
801.06 - Personal jurisdiction, grounds for without service of summons.
801.07 - Jurisdiction in rem or quasi in rem, grounds for generally.
801.08 - Objection to personal jurisdiction.
801.09 - Summons, contents of.
801.10 - Summons, by whom served.
801.11 - Personal jurisdiction, manner of serving summons for.
801.13 - Summons; when deemed served.
801.14 - Service and filing of pleadings and other papers.
801.19 - Protected information in circuit court records.
801.20 - When documents may be filed as confidential.
801.50 - Venue in civil actions or special proceedings.
801.51 - Challenges to improper venue.
801.52 - Discretionary change of venue.
801.53 - Determination of motion for change of venue.
801.54 - Discretionary transfer of civil actions to tribal court.
801.56 - Change of venue if judge disqualified by interest.
801.58 - Substitution of judge.
801.61 - Proceedings after order for change of venue.
801.62 - Conclusiveness of change of venue; second motion.
801.63 - Stay of proceeding to permit trial in a foreign forum.