CIVIL PROCEDURE — JUDGMENT
806.025 Payment of judgment in cases involving prisoners.
806.03 Judgment on admitted claim; order to satisfy.
806.04 Uniform declaratory judgments act.
806.05 Declaratory judgments against obscene matter.
806.06 Rendition, perfection and entry of judgment.
806.07 Relief from judgment or order.
806.08 Stay of proceedings to enforce a judgment.
806.09 Restitution in case of reversed judgment; purchaser for value.
806.10 Judgment and lien docket.
806.11 Delinquent income or franchise tax lien.
806.115 Filing of duplicate copy of warrant.
806.12 Transcript of municipal judge's judgment.
806.13 Judgments entered in other counties.
806.14 Enforcement of real estate judgment in other counties.
806.15 Lien of judgment; priority; statute may be suspended.
806.155 Civil action judgments.
806.16 Appellate court judgment, entry.
806.17 Entering federal judgments.
806.18 Assignment of judgment.
806.19 Satisfaction of judgments.
806.20 Court may direct satisfaction; refusal to satisfy.
806.21 Judgment satisfied not a lien; partial satisfaction.
806.22 Filing copy of satisfaction.
806.23 Action on judgment, when brought.
806.24 Uniform enforcement of foreign judgments act.
806.245 Indian tribal documents: full faith and credit.
806.247 Full faith and credit for foreign protection orders.
806.25 No judgment without action.
806.32 Variation by agreement.
806.33 Determining the money of the claim.
806.34 Determining the amount of the money of certain contract claims.
806.35 Asserting and defending a foreign-money claim.
806.36 Judgments and awards on foreign-money claims; times of money conversion; form of judgment.
806.37 Conversions of foreign money in a distribution proceeding.
806.38 Prejudgment and judgment interest.
806.39 Enforcement of foreign judgments.
806.40 Temporarily determining the U.S. dollar value of foreign-money claims for limited purposes.
806.41 Effect of currency revalorizations.
806.42 Supplementary general principles of law.
806.43 Uniformity of application and construction.
Ch. 806 Note
NOTE: Chapter 806 was created by Sup. Ct. Order,
67 Wis. 2d 585, 714 (1975), which contains Judicial Council Committee notes explaining each section. Statutes prior to the 1983-84 edition also have these notes.
806.01(1)(a)(a) A judgment is the determination of the action. It may be final or interlocutory.
806.01(1)(b)
(b) Each judgment shall specify the relief granted or other determination of the action, and the name and place of residence of each party to the action.
806.01(1)(c)
(c) Every final judgment shall grant the relief to which the party in whose favor it is rendered is entitled, even if the party has not demanded the relief in the pleadings. If there be no answer the relief granted to the plaintiff shall not exceed that demanded in the complaint. If the amount of money sought was excluded from the demand for judgment, as required under
s. 802.02 (1m), the court shall require the plaintiff to specify the amount of money claimed and provide that information to the court and to the other parties prior to the court rendering judgment.
806.01(2)
(2) If a partial judgment is proper in an action with several parties, the court in its discretion, may render judgment against one or more of the defendants and dismiss or permit the action to proceed against the others. In case of a finding substantially disposing of a claim on its merits, but leaving an account to be taken or a condition to be performed in order fully to determine the rights of the parties, an interlocutory judgment may be rendered disposing of all issues covered by the finding and reserving final judgment.
806.01 History
History: Sup. Ct. Order,
67 Wis. 2d 585, 715 (1975);
1975 c. 218;
1985 a. 145;
1987 a. 256.
806.01 Annotation
An order filed after verdict that gave the plaintiff option the of accepting a reduced judgment or a new trial limited to the issue of damages was not a "judgment" under this section. Collins v. Gee,
82 Wis. 2d 376,
263 N.W.2d 158.
806.01 Annotation
Where the plaintiff's complaint did not contain a specific damage claim in accordance with s. 802.02 (1m), the plaintiff's failure to serve an affidavit setting forth the amount of its claimed damages was grounds for reversing a default judgment. In a default judgment only the damages demanded may be awarded. Stein v. Illinois State Assistance Commission,
194 Wis. 2d 775,
535 N.W.2d 101 (Ct. App. 1995).
806.01 Annotation
The new Wisconsin rules of civil procedure: Chapters 805—807. Graczyk, 59 MLR 671.
806.02
806.02
Default judgment. 806.02(1)(1) A default judgment may be rendered as provided in
subs. (1) to
(4) if no issue of law or fact has been joined and if the time for joining issue has expired. Any defendant appearing in an action shall be entitled to notice of motion for judgment.
806.02(2)
(2) After filing the complaint and proof of service of the summons on one or more of the defendants and an affidavit that the defendant is in default for failure to join issue, the plaintiff may move for judgment according to the demand of the complaint. If the amount of money sought was excluded from the demand for judgment, as required under
s. 802.02 (1m), the court shall require the plaintiff to specify the amount of money claimed and provide that information to the court and to the other parties prior to the court rendering judgment. If proof of any fact is necessary for the court to give judgment, the court shall receive the proof.
806.02(3)
(3) If a defendant fails to appear in an action within the time fixed in
s. 801.09 the court shall, before entering a judgment against such defendant, require proof of service of the summons in the manner required by
s. 801.10 and, in addition, shall require further proof as follows:
806.02(3)(a)
(a) Where a personal claim is made against the defendant, the court shall require proof by affidavit or other evidence, to be made and filed, of the existence of any fact not shown by the complaint which is needed to establish grounds for personal jurisdiction over the defendant. The court may require such additional proof as the interests of justice require.
806.02(3)(b)
(b) Where no personal claim is made against the defendant, the court shall require such proofs, by affidavit or otherwise, as are necessary to show the court's jurisdiction has been invoked over the status, property or thing which is the subject of the action. The court may require such additional proof as the interests of justice require.
806.02(4)
(4) In an action on express contract for recovery of a liquidated amount of money only, the plaintiff may file with the clerk proof of personal service of the summons on one or more of the defendants and an affidavit that the defendant is in default for failure to join issue. The clerk shall render and enter judgment against the defendants who are in default for the amount demanded in the complaint. Leaving the summons at the abode of a defendant is not personal service within the meaning of this subsection.
806.02(5)
(5) A default judgment may be rendered against any defendant who has appeared in the action but who fails to appear at trial. If proof of any fact is necessary for the court to render judgment, the court shall receive the proof.
806.02 History
History: Sup. Ct. Order,
67 Wis. 2d 585, 716 (1975); Sup. Ct. Order, 73 Wis. 2d xxxi (1976); Sup. Ct. Order, 82 Wis. 2d ix (1978); Sup. Ct. Order, 101 Wis. 2d xi (1981); Sup. Ct. Order, 109 Wis. 2d xiii (1982);
1987 a. 256.
806.02 Annotation
Cross-references: For time required for notice under (2), see s. 801.15 (4).
806.02 Annotation
See 802.06 (1) for provision giving the state 45 days to respond to a complaint or counterclaim.
806.02 Note
Judicial Council Committee's Note, 1976: A clerk of court is permitted under s. 806.06 (2) to render the judgment described in ss. 806.02 (4) and 806.03. [Re Order effective Jan. 1, 1977]
806.02 Note
Judicial Council Committee's Note, 1977: Sub. (5) has been modified to allow a judge in a default judgment matter to receive rather than mandatorily hear the proof of any fact necessary for a court to render judgment. This change allows a judge the option of in-chamber consideration of affidavits presented by attorneys. Under the present language the time of the judge may be taken up in open court hearing proof presented by the attorney orally whereas proof submitted by the attorney in the form of affidavits may be just as competent and trustworthy. Under the new language, the judge still retains the option of hearing proof in open court of any fact necessary to render a default judgment. [Re Order effective July 1, 1978]
806.02 Note
Judicial Council Note, 1981: Sub. (2) is amended to allow the court to receive proof of facts necessary for default judgment by affidavit rather than hearing. An analogous change was made in sub. (5) in 1977 for the same reasons. [Re Order effective July 1, 1981]
806.02 Note
Judicial Council Note, 1982: Sub. (4) is amended by eliminating the requirement that the plaintiff file the complaint in order to receive a default judgment. The complaint will already have been filed with the court when the action was commenced, prior to service of the summons. Sec. 801.02 (1). [Re Order effective Jan. 1, 1983]
806.02 Annotation
See notes to s. 806.07 for decisions relating to the vacation default judgments.
806.02 Annotation
The trial court properly granted default judgment against a party who failed to appear at the scheduling conference, but the damage amount was not supported by record. Gaertner v. 880 Corp.
131 Wis. 2d 492,
389 N.W.2d 59 (Ct. App. 1986).
806.02 Annotation
Where the plaintiff's complaint did not contain a specific damage claim in accordance with 802.02 (1m), the plaintiff's failure to serve an affidavit setting forth the amount of its claimed damages was grounds for reversing the default judgment. In a default judgment only the damages demanded may be awarded. Stein v. Illinois State Assistance Commission,
194 Wis. 2d 775,
535 N.W.2d 101 (Ct. App. 1995).
806.02 Annotation
A trial court in its discretion may deny a default judgment where it determines that it will reopen the case under s. 806.07. Johns v. County of Oneida,
201 Wis. 2d 600,
549 N.W.2d 269 (Ct. App. 1996).
806.02 Annotation
A default judgment entered as a sanction is not governed by s. 806.02 and does not require a full evidentiary hearing where damages are contested. The proper form of hearing on damages is left to trial court discretion. Chevron Chemical Co. v. Deloitte & Touche LLP,
207 Wis. 2d 43,
557 N.W.2d 775 (1997).
806.02 Annotation
A circuit court entering default judgment on a punitive damages claim must make inquiry beyond the complaint to determine the merits of the claim and the amount to be awarded. Apex Electronics Corp. v. Gee,
217 Wis. 2d 378,
577 N.W.2d 23 (1998).
806.02 Annotation
If proof of damages is necessary, the trial court may hold a hearing, and the defendant has the right to participate and present evidence. Smith v. Golde,
224 Wis. 2d 518,
592 N.W.2d 287 (Ct. App. 1999).
806.02 Annotation
An amended complaint that makes no reference to or incorporates any of the original complaint supercedes the original complaint when the amended complaint is filed in court. When such a complaint was filed prior to the time for answering on the original complaint had run, it was improper to enter a default judgment on the original complaint. Holman v. Family Health Plan,
227 Wis. 2d 478,
596 N.W.2d 358 (1999).
806.02 Annotation
A party in default for failing to answer an original complaint cannot answer an amended complaint, thereby attempting to cure its default, unless the amended complaint relates to a new or additional claim for relief. Ness v. Digital Dial Communications, Inc.
227 Wis. 2d 592,
596 N.W.2d 365 (1999).
806.025
806.025
Payment of judgment in cases involving prisoners. 806.025(2)
(2) If a court enters a judgment for a monetary award on behalf of a prisoner, the court shall do all of the following:
806.025(2)(a)
(a) Order that the award be used to satisfy any unpaid court order of restitution against the prisoner and any other civil judgment in favor of a victim of a crime committed by the prisoner. If the amount of the monetary award is insufficient to pay all these unpaid orders and judgments, the orders and judgments shall be paid based on the length of time they have existed, the oldest order being paid first.
806.025(2)(am)
(am) If money remains after the payment of all unpaid orders and judgments under
par. (a), order reimbursement to the department of justice for an award made under
ch. 949 for which the department is subrogated under
s. 949.15.
806.025(2)(at)
(at) If money remains after the payment of reimbursement under
par. (am), order the payment of any child or family support owed by the prisoner.
806.025(2)(b)
(b) If money remains after the payment of child or family support under
par. (at), order the payment of court costs or filing fees previously assessed against the prisoner by a state court that remain unpaid, with the oldest costs or fees being paid first.
