813.025 Ex parte restraining orders; right of review of certain orders.
(1) No circuit or supplemental court commissioner may issue any injunction or order suspending or restraining the enforcement or execution of any statute of the state or of any order of an administrative officer, board, department, commission or other state agency purporting to be made pursuant to the statutes of the state. If so issued, the injunction or order shall be void.
(2) The application for such an injunction or restraining order made to a court shall not be heard except upon notice to the attorney general and to such other persons as may be defendants in the action; but if the court is of the opinion that irreparable loss or damage will result to the applicant unless a temporary restraining order is granted, the court may grant such temporary restraining order at any time before such hearing and determination of the application for an interlocutory injunction. However, such temporary restraining order shall be effective only for 5 days unless extended after notice and hearing thereon, or upon written consent of the parties or their attorneys, and in no event shall such temporary restraining order remain in force beyond the time of the determination of the application for an interlocutory injunction.
(3) If a circuit court or a court of appeals enters an injunction, a restraining order, or any other final or interlocutory order suspending or restraining the enforcement of any statute of this state, the injunction, restraining order, or other final or interlocutory order is immediately appealable as a matter of right.
History: Sup. Ct. Order, 67 Wis. 2d 585, 760 (1975); Stats. 1975 s. 813.025; 1979 c. 111; 1983 a. 204; 2001 a. 61; 2013 a. 156.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 813 - Injunctions, ne exeat and receivers.
813.01 - Order substituted for injunction.
813.015 - Subject matter jurisdiction.
813.02 - Temporary injunction; when granted.
813.025 - Ex parte restraining orders; right of review of certain orders.
813.026 - Remedy against heirs and legatees; temporary injunction; receivership; judgment.
813.03 - When granted defendant.
813.04 - Same; when granted; Sunday or holiday.
813.06 - Security for damages.
813.07 - Assessment of damages; bill of particulars; costs.
813.08 - Injunction, defendant may be heard before enjoined.
813.11 - Injunction, additional security.
813.115 - Service notification system.
813.12 - Domestic abuse restraining orders and injunctions.
813.122 - Child abuse restraining orders and injunctions.
813.123 - Restraining orders and injunctions for individuals at risk.
813.125 - Harassment restraining orders and injunctions.
813.126 - New hearing or petition for review.
813.127 - Combined actions; domestic abuse, child abuse and harassment.
813.128 - Uniform interstate enforcement of domestic violence protection orders act.
813.1283 - Uniform Recognition and Enforcement of Canadian Domestic Violence Protection Orders Act.
813.1285 - Notice and process for firearm surrender.
813.129 - Global positioning system tracking.
813.17 - Receiver; payment of employees' wages.
813.23 - Receiver may be appointed when.
813.26 - Final hearing and finding.
813.27 - Claim of absentee barred.
813.28 - Termination of receivership and disposition of property of absentee.
813.29 - Distribution of property of absentee.
813.31 - Absentee insurance fund.
813.32 - Uniformity of interpretation.