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.
SUBCHAPTER VIII
CLAIMS AGAINST GOVERNMENTAL BODIES, OFFICERS AND EMPLOYEES
893.80 Claims against governmental bodies or officers, agents or employees; notice of injury; limitation of damages and suits.
893.82 Claims against state employees; notice of claim; limitation of damages.
SUBCHAPTER IX
STATUTES OF LIMITATION; ACTIONS BY THE STATE, STATUTORY LIABILITY AND MISCELLANEOUS ACTIONS
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.
893.88 Paternity actions.
893.89 Action for injury resulting from improvements to real property.
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.
893.97 Business closing notification.
893.98 Cessation of health care benefits notification.
Ch. 893 Note
NOTE: See the note at the end of this chapter containing indexes to statutes outside this chapter that impose time restrictions on asserting a claim or cause of action and statutes outside this chapter which govern claims against governmental entities.
COMMENCEMENT, COMPUTATION, ACTION IN NON-WISCONSIN FORUM AND MISCELLANEOUS PROVISIONS
893.01
893.01
Civil actions; objection as to time of commencing. Civil actions may be commenced only within the periods prescribed in this chapter, except when, in special cases, a different limitation is provided by statute. An objection that the action was not commenced within the time limited may only be taken by answer or motion to dismiss under
s. 802.06 (2) in proper cases.
893.01 History
History: Sup. Ct. Order,
67 Wis. 2d 585, 770 (1975);
1979 c. 323.
893.01 Note
Judicial Council Committee's Note, 1979: This section remains from previous ch. 893 and is revised only for purposes of textual clarity. [Bill 326-A]
893.01 Annotation
Estoppel can be invoked to preclude a defense based on a statute of limitations when a defendant has been guilty of fraudulent or inequitable conduct. The conduct need not constitute actual fraud, but may be equivalent to a representation upon which the plaintiff may have relied to his disadvantage by not commencing his action within the statutory period, but must have occurred before the expiration of the limitation period with no unreasonable delay by the aggrieved party after the inducement therefor has ceased to operate. State ex rel. Susedik v. Knutson,
52 Wis. 2d 593,
191 N.W.2d 23.
893.01 Annotation
A court has no authority to enlarge the time in which to file a complaint. Pulchinski v. Strnad,
88 Wis. 2d 423,
276 N.W.2d 781 (1979).
893.01 Annotation
When a limitation period would otherwise expire on a legal holiday, s. 990.001 (4) (b) permits the commencement of an action on the next secular day. Cuisinier v. Sattler,
88 Wis. 2d 654,
277 N.W.2d 776 (1979).
893.01 Annotation
The retroactivity of statutes of limitations is discussed. Betthauser v. Medical Protective Co.
172 Wis. 2d 141,
493 N.W.2d 40 (1992).
893.01 Annotation
A circuit court may use its equitable powers to set aside a statute of imitations if certain enumerated circumstances are present. Williams v. Kaerek Builders, Inc.
212 Wis. 2d 150,
568 N.W.2d 313 (Ct. App. 1997).
893.01 Annotation
A defendant was estopped from pleading the statute of limitations by fraudulent conduct that prevented the plaintiff from filing a timely suit. Bell v. City of Milwaukee,
746 F.2d 1205 (1984).
893.02
893.02
Action, when commenced. An action is commenced, within the meaning of any provision of law which limits the time for the commencement of an action, as to each defendant, when the summons naming the defendant and the complaint are filed with the court, but no action shall be deemed commenced as to any defendant upon whom service of authenticated copies of the summons and complaint has not been made within 90 days after filing.
893.02 History
History: Sup. Ct. Order,
67 Wis. 2d 585, 770 (1975);
1975 c. 218;
1979 c. 323;
1997 a. 187.
893.02 Note
Judicial Council Committee's Note, 1979: This section is previous s. 893.39 of the statutes renumbered for more logical placement in restructured ch. 893. [Bill 326-A]
893.02 Annotation
In a products liability action, a new cause of action for punitive damages brought after the statute of limitations expired related back to the date of filing the original pleading. Wussow v. Commercial Mechanisms, Inc.
97 Wis. 2d 136,
293 N.W.2d 897 (1980).
893.02 Annotation
An action against an unnamed defendant under s. 807.12 that was filed on the last day of a limitation period, in which amended process naming the defendant was served within 60 days after filing, was not time barred. The relation back requirements of s. 802.09 (3) were inapplicable. Lak v. Richardson-Merrell, Inc.
100 Wis. 2d 641,
302 N.W.2d 483 (1981).
893.02 Annotation
Service of process did not commence an action where the plaintiff failed to file the summons and complaint. The defendant's answer did not waive the statute of limitations defense or estop the defendant from raising it after the limitation period expired. Hester v. Williams,
117 Wis. 2d 634,
345 N.W.2d 426 (1984).
893.02 Annotation
A fictitiously designated defendant's right to extinction of an action doesn't effectively vest until 60 days after the statute of limitations runs. Lavine v. Hartford Acc. & Indemnity,
140 Wis. 2d 434,
410 N.W.2d 623 (Ct. App. 1987).
893.03
893.03
Presenting claims. The presentation of any claim, in cases where by law such presentment is required, to the circuit court shall be deemed the commencement of an action within the meaning of any law limiting the time for the commencement of an action thereon.
893.03 History
History: 1977 c. 449 s.
497;
1979 c. 323.
893.03 Note
Judicial Council Committee's Note, 1979: This section is previous s. 893.41 renumbered for more logical placement in restructured ch. 893. [Bill 326-A]
893.03 Annotation
A statute of limitations is not tolled by filing an action in a court completely lacking jurisdiction and later refiling in the proper court after the statute has run. Schafer v. Wegner,
78 Wis. 2d 127,
254 N.W.2d 193.
893.04
893.04
Computation of period within which action may be commenced. Unless otherwise specifically prescribed by law, a period of limitation within which an action may be commenced is computed from the time that the cause of action accrues until the action is commenced.
893.04 History
History: 1979 c. 323.
893.04 Note
Judicial Council Committee's Note, 1979: Previous section 893.48 is repealed and sections 893.04 and 893.14 created for the purpose of clarity. See Denzer v. Rouse,
48 Wis. 2d 528,
180 N.W. 2d 521 (1970) for a discussion of when a cause of action accrues, citing Holifield v. Setco Industries, Inc.
42 Wis. 2d 750,
168 N.W. 2d 177 (1969). [Bill 326-A]
893.04 Annotation
In attorney malpractice actions as in medical malpractice cases where the date of the negligence and the date of injury are the same, the statute of limitations runs from that date, for that is the time when the cause of action accrues. Denzer v. Rouse,
48 Wis. 2d 528,
180 N.W.2d 521.
893.04 Annotation
The loss of the right to a patent is the loss of the right to exclude others and, therefore, the injury occurred on that date the right to the patent was lost. Boehm v. Wheeler,
65 Wis. 2d 668,
223 N.W.2d 536.
893.04 Annotation
Because s. 67.11 requires moneys in a sinking fund remain inviolate until the bonds are retired, a cause of action regarding the fund could only accrue at retirement. Joint School Dist. No. 1 v. City of Chilton,
78 Wis. 2d 52,
253 N.W.2d 879.
893.04 Annotation
A tort claim accrues when the injury is discovered or reasonably should have been discovered. The court adopts this "discovery rule" for all tort actions other than those already governed by a statutory discovery rule. Hansen v. A. H. Robins, Inc.
113 Wis. 2d 550,
335 N.W.2d 578 (1983).
893.04 Annotation
Where the plaintiff's early subjective lay person's belief that a furnace caused the injury was contradicted by examining physicians, the cause of action against the furnace company did not accrue until the plaintiff's suspicion was confirmed by later medical diagnosis. Borello v. U.S. Oil Co.
130 Wis. 2d 397,
388 N.W.2d 140 (1986).
893.04 Annotation
The day upon which a cause of action accrues is not included in computing the period of limitation. Pufahl v. Williams,
179 Wis. 2d 104,
506 N.W.2d 747 (1993).
893.04 Annotation
The discovery rule applies to statutes of limitations that limit the time to sue from the time when the action "accrues", being the time of discovery. The discovery rule does not apply to a statute of repose, a statute that specifies the time of accrual and limits the time suit can be brought from that specified date. Castellani v. Bailey,
218 Wis. 2d 245,
578 N.W.2d 166 (1998).
893.04 Annotation
A plaintiff can rely on the discovery rule only if he or she has exercised reasonable diligence. Jacobs v. Nor-Lake,
217 Wis. 2d 625,
579 N.W.2d 254 (Ct. App. 1998).
893.04 Annotation
The discovery rule does not extend to causes of action not sounding in tort. State v. Chrysler Outboard Corp.
219 Wis. 2d 130,
580 N.W.2d 203 (1998).
893.04 Annotation
Computing time in tort statutes of limitation. Ghiardi, 64 MLR 575 (1981).
893.04 Annotation
Computing Time. Ghiardi. Wis. Law. March 1993.
893.05
893.05
Relation of statute of limitations to right and remedy. When the period within which an action may be commenced on a Wisconsin cause of action has expired, the right is extinguished as well as the remedy.
893.05 History
History: 1979 c. 323.
893.05 Note
Judicial Council Committee's Note, 1979: This new section is a codification of Wisconsin case law. See Maryland Casualty Company v. Beleznay, 245 Wis. 390,
14 N.W. 2d 177 (1944), in which it is stated at page 393: "In Wisconsin the running of the statute of limitations absolutely extinguishes the cause of action for in Wisconsin limitations are not treated as statutes of repose. The limitation of actions is a right as well as a remedy, extinguishing the right on one side and creating a right on the other, which is as of high dignity as regards judicial remedies as any other right and it is a right which enjoys constitutional protection". [Bill 326-A]
893.07
893.07
Application of foreign statutes of limitation. 893.07(1)(1) If an action is brought in this state on a foreign cause of action and the foreign period of limitation which applies has expired, no action may be maintained in this state.
893.07(2)
(2) If an action is brought in this state on a foreign cause of action and the foreign period of limitation which applies to that action has not expired, but the applicable Wisconsin period of limitation has expired, no action may be maintained in this state.
893.07 History
History: 1979 c. 323.
893.07 Note
Judicial Council Committee's Note, 1979: Sub. (1) applies the provision of s. 893.05 that the running of a statute of limitations extinguishes the right as well as the remedy to a foreign cause of action on which an action is attempted to be brought in Wisconsin in a situation where the foreign period has expired. Sub. (1) changes the law of prior s. 893.205 (1), which provided that a resident of Wisconsin could sue in this state on a foreign cause of action to recover damages for injury to the person even if the foreign period of limitation had expired.
893.07 Annotation
Sub. (2) applies the Wisconsin statute of limitations to a foreign cause of action if the Wisconsin period is shorter than the foreign period and the Wisconsin period has run. [Bill 326-A]
893.07 Annotation
The borrowing statute was properly applied to an injury received without this state. A conflict of laws analysis was not appropriate. Guertin v. Harbour Assur. Co.
141 Wis. 2d 622,
415 N.W.2d 831 (1987).
893.07 Annotation
Section 893.16 (1) is effective to toll the running of the statute of limitations, even when under s.893.07 the plaintiff would be barred from bringing suit under applicable foreign law. Scott v. First State Ins. Co.
155 Wis. 2d 608,
456 N.W.2d 312 (1990).
893.07 Annotation
This section refers to periods of limitations, not periods of repose. Leverence v. U.S. Fidelity & Guaranty,
158 Wis. 2d 64,
462 N.W.2d 218 (Ct. App. 1990).
893.07 Annotation
This section is applicable to actions on contracts. A claim is foreign when the final significant event giving rise to a suable event, the alleged breach, occurs outside the state. Abraham v. General Casualty Co.
217 Wis. 2d 294,
576 N.W.2d 46 (1998).
893.07 Annotation
Tort action based on an injury received outside this state was "foreign". Johnson v. Deltadynamics, Inc.
813 F.2d 944 (7th Cir. 1987).
893.07 Annotation
A tort action is foreign for purposes of this section when the injury giving rise to liability is incurred outside this state. Terranova v. Terranova,
883 F. Supp. 1273 (1995).
893.07 Annotation
Under this section, a foreign jurisdiction's period of limitations is borrowed, but not its period of repose. Beard v. J. I. Case Co.
823 F.2d 1095 (7th Cir. 1987).
893.07 Annotation
Wisconsin's borrowing statute: Did we shortchange ourselves? 70 MLR 120 (1986).
LIMITATIONS TOLLED OR EXTENDED
893.10
893.10
Actions, time for commencing. The period within which an action may be commenced shall not be considered to have expired when the court before which the action is pending is satisfied that the person originally served knowingly gave false information to the officer with intent to mislead the officer in the performance of his or her duty in the service of any summons or civil process. If the court so finds, the period of limitation is extended for one year.
893.10 History
History: 1979 c. 323.
893.10 Note
Judicial Council Committee's Note, 1979: This section is previous s. 893.14 renumbered for more logical placement in restructured ch. 893. [Bill 326-A]
893.11
893.11
Extension of time if no person to sue. The fact that there is no person in existence who is authorized to bring an action on a cause of action at the time it accrues shall not extend the time within which, according to this chapter, an action may be commenced upon the cause of action to more than double the period otherwise prescribed by law.
893.11 History
History: 1979 c. 323.
893.11 Note
Judicial Council Committee's Note, 1979: This section is previous s. 893.50 renumbered for more logical placement in restructured ch. 893 and revised for the purpose of textual clarity only. [Bill 326-A]
