CHAPTER 813
INJUNCTIONS, NE EXEAT AND RECEIVERS
813.01 Order substituted for injunction.
813.02 Temporary injunction; when granted.
813.025 Ex parte restraining 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.
813.12 Domestic abuse restraining orders and injunctions.
813.122 Child abuse restraining orders and injunctions.
813.123 Vulnerable adult restraining orders and injunctions.
813.125 Harassment restraining orders and injunctions.
813.127 Combined actions; domestic abuse, child abuse and harassment.
813.128 Foreign protection orders.
813.14 Same; when granted.
813.15 Same; discharge of.
813.17 Receiver; payment of employes' wages.
813.22 Uniform absence as evidence of death and absentee's property act; insurance policy provisions invalid.
813.23 Receiver may be appointed when.
813.25 Search for absentee.
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.
813.30 Insurance policies.
813.31 Absentee insurance fund.
813.32 Uniformity of interpretation.
813.34 Time of taking effect and not retroactive.
813.01
813.01
Order substituted for injunction. The writ of injunction is abolished. An injunction may be the final judgment in the action or may be allowed as a provisional remedy therein; and when so allowed it shall be by order as prescribed by this chapter.
813.01 History
History: Sup. Ct. Order, 67 W (2d) 585, 760 (1975); Stats. 1975 s. 813.01.
813.01 Annotation
An injunction may be used to prevent prospective violations of a restrictive covenant. Cobb v. Milwaukee County, 60 W (2d) 99, 208 NW (2d) 848.
813.01 Annotation
Low bidder under 33.22 who is apparently a "responsible" bidder has standing to seek permanent injunction against award of contract to any other bidder. Aqua-Tech v. Como Lake Protect. & Rehab. Dist. 71 W (2d) 541, 239 NW (2d) 25.
813.02
813.02
Temporary injunction; when granted. 813.02(1)(a)(a) When it appears from a party's pleading that the party is entitled to judgment and any part thereof consists in restraining some act, the commission or continuance of which during the litigation would injure the party, or when during the litigation it shall appear that a party is doing or threatens or is about to do, or is procuring or suffering some act to be done in violation of the rights of another party and tending to render the judgment ineffectual, a temporary injunction may be granted to restrain such act.
813.02(1)(b)
(b) Prior to granting a temporary injunction or temporary restraining order, the court may attempt to contact the party sought to be restrained, or his or her counsel if known, by telephone and allow all parties to be heard on the equities between the parties, the availability of other remedies, the damages which may be sustained if the temporary injunction or restraining order is granted, and other relevant matters.
813.02(2)
(2) If, after the commencement of any action for waste or to restrain waste, or any action for the recovery of land or the possession or partition thereof or after any real estate has been levied upon by execution, any party to such action or execution shall commit waste or shall threaten or make preparations to commit waste upon the lands, tenements, or anything appertaining thereto, that party may be restrained by injunction from committing any waste or further waste thereto. Such injunction may be issued in any of said actions or in cases of the levy above mentioned by the court from which the execution issued.
813.02(4)
(4) No temporary restraining order or injunction shall be issued by any judge or court in any action where it does not appear that the county where the application for such temporary restraining order or injunction is made is within the judicial circuit in which is located the county that is the proper place of trial of the action, and no temporary restraining order or injunction shall issue unless the residence of each defendant is stated if known. Any temporary restraining order or injunction issued in violation of this subsection shall be void.
813.02 History
History: Sup. Ct. Order, 67 W (2d) 760; Stats. 1975 s. 813.02; Sup. Ct. Order, 141 W (2d) xxvi;
1993 a. 112,
486;
1995 a. 400.
813.02 Note
Judicial Council Note, 1988: Sub. (1) (b) [created] allows the court to attempt to hold a telephone conference prior to granting a temporary injunction or temporary restraining order. The telephone conference procedure minimizes the risk of an improvident injunction and aids the court in fixing a realistic security. [Re Order effective Jan. 1, 1988]
813.02 Annotation
A trial court does not abuse its discretion in denying a motion for temporary injunction where it appears that the moving party has not established a reasonable probability that he will ultimately prevail in a trial of the issues. Akin v. Kewaskum Community Schools, 64 W (2d) 154, 218 NW (2d) 494.
813.02 Annotation
Trial judge directed to reconsider question of granting temporary injunction in record piracy case in light of court holding that a cause of action existed. Mercury Record v. Economic Consultants, 64 W (2d) 163, 218 NW (2d) 705.
813.025
813.025
Ex parte restraining orders. 813.025(1)
(1) No court commissioner shall 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 such injunction or order shall be void.
813.025(2)
(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.
813.025 History
History: Sup. Ct. Order, 67 W (2d) 585, 760 (1975); Stats. 1975 s. 813.025;
1979 c. 111;
1983 a. 204.
813.026
813.026
Remedy against heirs and legatees; temporary injunction; receivership; judgment. In an action, in a court of record, for damages founded upon contract or upon a judgment, when it appears that the defendant is interested, as heir, legatee or devisee, in the estate of a decedent and that the defendant's property liable to execution is probably insufficient to satisfy the plaintiff's claim for damages, the defendant may be enjoined by the court, pending the action, from assigning or otherwise disposing of the defendant's interest in such estate; and a receiver therefor may be appointed. The judgment may compel the defendant to transfer sufficient of the defendant's interest to satisfy the judgment or may adjudge such transfer. The remedy given by this section is in addition to that given by proceedings supplementary to execution under
ch. 816. If a receiver is appointed, he or she shall give prompt notice thereof to the administrator or executor.
813.026 History
History: Sup. Ct. Order, 67 W (2d) 585, 760 (1975), 779; Stats. 1975 s. 813.026;
1993 a. 486.
813.03
813.03
When granted defendant. A temporary injunction may also be granted on the application of the defendant, when it shall appear that the plaintiff is doing, or threatens, or is about to do, or is procuring or suffering to be done some act in violation of the defendant's rights respecting the subject of the action and tending to the defendant's injury or to render ineffectual such judgment as may be rendered in the defendant's favor.
