893.14 Limitation on use of a right of action as a defense or counterclaim. Unless otherwise specifically prescribed by law, the period within which a cause of action may be used as a defense or counterclaim is computed from the time of the accrual of the cause of action until the time that the plaintiff commences the action in which the defense or counterclaim is made. A law limiting the time for commencement of an action is tolled by the assertion of the defense or the commencement of the counterclaim until final disposition of the defense or counterclaim. If a period of limitation is tolled under this section and the time remaining after final disposition in which an action may be commenced is less than 30 days, the period within which the action may be commenced is extended to 30 days from the date of final disposition.
History: 1979 c. 323.
Judicial Council Committee's Note, 1979: This section is based upon previous ss. 893.48 and 893.49. The section provides, however, that a statute of limitations is tolled only from the assertion of the defense or counterclaim until the final disposition of the defense or counterclaim. Under previous s. 893.49 a statute of limitations was tolled from the commencement of the action in which the defense or counterclaim was asserted until the termination of the action. [Bill 326-A]
When an action to recover damages for injuries to the person is commenced as a counterclaim pursuant to this section, the statute of limitations established by s. 893.54 applies. The tolling of the statute of limitation under this section begins on the date the defendant files the counterclaim. The phrase “unless otherwise specifically prescribed by law" applies to counterclaims that were already barred at the time the plaintiff filed his or her claim; such claims are not resurrected by the plaintiff's filing. Donaldson v. West Bend Mutual Insurance Co., 2009 WI App 134, 321 Wis. 2d 244, 773 N.W.2d 470, 08-2289.
In determining whether a client exercised reasonable diligence to discover a claim against its attorney, the existence of a fiduciary relationship, rather than excusing a client entirely from its obligation to investigate, is merely one factor to be considered. Under the circumstances of this case, although a fiduciary relationship existed, the client was a sophisticated corporate actor and that its president and CEO harbored suspicions about the attorney's conduct for approximately one year before the transaction in question closed. Those facts gave rise to a duty to investigate, regardless of the fiduciary relationship. Sands v. Menard, 2016 WI App 76, 372 Wis. 2d 126, 887 N.W.2d 94, 12-2377.
Affirmed on other grounds. 2017 WI 110, 379 Wis. 2d 1, 904 N.W.2d 789, 12-2377.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
893.01 - Civil actions; objection as to time of commencing.
893.02 - Action, when commenced.
893.04 - Computation of period within which action may be commenced.
893.05 - Relation of statute of limitations to right and remedy.
893.07 - Application of foreign statutes of limitation.
893.10 - Actions, time for commencing.
893.11 - Extension of time if no person to sue.
893.12 - Advance payment of damages; limitation extended.
893.13 - Tolling of statutes of limitation.
893.135 - Tolling of statute of limitations for marital property agreements.
893.137 - Tolling of statute of limitations for certain time-share actions.
893.14 - Limitation on use of a right of action as a defense or counterclaim.
893.15 - Effect of an action in a non-Wisconsin forum on a Wisconsin cause of action.
893.16 - Person under disability.
893.17 - Transition; limitation if disability exists; temporary.
893.18 - Transition; persons under disability.
893.19 - Limitation when person out of state.
893.20 - Application to alien enemy.
893.21 - Effect of military exemption from civil process.
893.22 - Limitation in case of death.
893.24 - Adverse possession; section lines.
893.25 - Adverse possession, not founded on written instrument.
893.26 - Adverse possession, founded on recorded written instrument.
893.27 - Adverse possession; founded on recorded title claim and payment of taxes.
893.28 - Prescriptive rights by adverse user.
893.29 - No adverse possession by or against the state or political subdivisions.
893.30 - Presumption from legal title.
893.305 - Affidavit of interruption; adverse possession and prescriptive use.
893.31 - Tenant's possession that of landlord.
893.32 - Entry upon real estate, when valid as interruption of adverse possession.
893.33 - Action concerning real estate.
893.34 - Immunity for property owners.
893.35 - Action to recover personal property.
893.38 - Extension of certain approvals.
893.40 - Action on judgment or decree; court of record.
893.41 - Breach of contract to marry; action to recover property.
893.415 - Action to collect support.
893.42 - Action on a judgment of court not of record.
893.425 - Fraudulent transfers.
893.44 - Compensation for personal service.
893.45 - Acknowledgment or new promise.
893.46 - Acknowledgment, who not bound by.
893.47 - Actions against parties jointly liable.
893.48 - Payment, effect of, not altered.
893.49 - Payment by one not to affect others.
893.51 - Action for wrongful taking of personal property.
893.52 - Action for damages for injury to property.
893.53 - Action for injury to character or other rights.
893.54 - Injury to the person.
893.55 - Medical malpractice; limitation of actions; limitation of damages; itemization of damages.
893.555 - Limitation of damages; long-term care providers.
893.56 - Health care providers; minors actions.
893.58 - Actions concerning seduction.
893.585 - Sexual exploitation by a therapist.
893.587 - Sexual assault of a child; limitation.
893.59 - Actions concerning damage to highway or railroad grade.
893.60 - What actions not affected.
893.61 - Contract for payment of money; governmental subdivisions.
893.62 - Action concerning usury.
893.63 - Actions on cashier's check, certified check, or bank money order.
893.64 - Actions upon accounts.
893.65 - Bank bills not affected.
893.66 - Certified public accountants; limitations of actions.
893.70 - Action against certain officials.
893.71 - County seat; contesting change.
893.72 - Actions contesting special assessment.
893.73 - Actions contesting governmental decisions.
893.735 - Action by prisoner contesting a governmental decision.
893.74 - School district; contesting validity.
893.75 - Limitation of action attacking municipal contracts.
893.76 - Order to repair or remove building or restore site; contesting.
893.765 - Order to remove wharves or piers in navigable waters; contesting.
893.77 - Validity of municipal obligation.
893.82 - Claims against state employees; notice of claim; limitation of damages.
893.825 - Statutory challenges.
893.85 - Action concerning old-age assistance lien.
893.86 - Action concerning recovery of legal fees paid for indigents.
893.87 - General limitation of action in favor of the state.
893.89 - Action for injury resulting from improvements to real property.
893.895 - Real estate appraisers; limitations of actions.
893.90 - Bond; campaign financing; lobbying.
893.91 - Action for expenses related to a forest fire.
893.92 - Action for contribution.
893.925 - Action for certain damages related to mining.
893.93 - Miscellaneous actions.
893.94 - Organized crime control; civil remedies.
893.95 - Unclaimed property; civil remedies.
893.96 - Family leave and medical leave; civil remedies.
893.965 - Bone marrow and organ donation leave; civil remedies.
893.97 - Business closing notification.