801.21 NoteComment, 2015: This section defines the procedural prerequisites for filing of documents under seal. This section is not intended to expand or limit the confidentiality concerns that might justify special treatment of any document. The section is intended to make it clear that filing parties do not have the unilateral right to designate any filing as confidential and that permission from the court is required. This permission may flow from a statute or rule explicitly requiring that a particular document or portion of a document be filed confidentially or from an analysis of the facts of the case and the applicable law.
801.21 AnnotationA defendant’s attorneys’ independent ethical responsibilities under supreme court rules, including avoiding conflicts of interest, are a significant consideration regarding the plaintiffs’ request to proceed without revealing their identities to opposing counsel. Doe v. Madison Metropolitan School District, 2022 WI 65, 403 Wis. 2d 369, 976 N.W.2d 584, 20-1032. 801.21 AnnotationIn this case, the circuit court did not erroneously exercise its discretion by requiring disclosure of the plaintiff parents’ identities to opposing attorneys, while allowing the parents to keep their names sealed and confidential as to the public and the defendant school district. The circuit court concluded some protection for the parents’ identities was warranted and decided to shield their names from public view and the school district’s view. But the court did not see the same danger in disclosing the parents’ names to the school district’s attorneys. The circuit court’s exercise of discretion was a proper application of the statutory test under sub. (4). Doe v. Madison Metropolitan School District, 2022 WI 65, 403 Wis. 2d 369, 976 N.W.2d 584, 20-1032. 801.50801.50 Venue in civil actions or special proceedings. 801.50(1)(1) A defect in venue shall not affect the validity of any order or judgment. 801.50(2)(2) Except as otherwise provided by statute, venue in civil actions or special proceedings shall be as follows: 801.50(2)(b)(b) In the county where the real or tangible personal property, or some part thereof, which is the subject of the claim, is situated; 801.50(2)(c)(c) In the county where a defendant resides or does substantial business; or 801.50(2)(d)(d) If the provisions under par. (a) to (c) do not apply, then venue shall be in any county designated by the plaintiff. 801.50(3)(a)(a) Except as provided in pars. (b) and (c), all actions in which the sole defendant is the state, any state board or commission, or any state officer, employee, or agent in an official capacity shall be venued in the county designated by the plaintiff unless another venue is specifically authorized by law. 801.50(3)(b)(b) All actions relating to the validity or invalidly of a rule or guidance document shall be venued as provided in s. 227.40 (1). 801.50(3)(c)(c) An action commenced by a prisoner, as defined under s. 801.02 (7) (a) 2., in which the sole defendant is the state, any state board or commission, or any state officer, employee, or agent in an official capacity shall be venued in Dane County unless another venue is specifically authorized by law. 801.50(4)(4) Venue of an action seeking a remedy available by habeas corpus shall be in the county: 801.50(4)(a)(a) Where the plaintiff was convicted or sentenced if the action seeks relief from a judgment of conviction or sentence under which the plaintiff’s liberty is restrained. 801.50(4)(b)(b) Where the liberty of the plaintiff is restrained if the action seeks relief concerning any other matter relating to a restraint on the liberty of the plaintiff. 801.50(4m)(4m) Venue of an action to challenge the apportionment of any congressional or state legislative district shall be as provided in s. 751.035. Not more than 5 days after an action to challenge the apportionment of a congressional or state legislative district is filed, the clerk of courts for the county where the action is filed shall notify the clerk of the supreme court of the filing. 801.50(5)(5) Venue of an action for certiorari to review a probation, extended supervision, or parole revocation, a denial by a program review committee under s. 302.113 (9g) of a petition for modification of a bifurcated sentence, or a refusal of parole shall be the county in which the relator was last convicted of an offense for which the relator was on probation, extended supervision, or parole or for which the relator is currently incarcerated. 801.50(5c)(5c) Venue of an action for certiorari brought by the department of corrections under s. 302.113 (9) (d) or 302.114 (9) (d) to review a decision to not revoke extended supervision shall be in the county in which the person on extended supervision was convicted of the offense for which he or she is on extended supervision. 801.50(5p)(5p) Venue of an environmental pollution action brought by a person who is not a resident of this state against a commission created under s. 200.23 shall be in the county which contains the 1st class city that is located wholly or partially within the applicable district created under s. 200.23. 801.50(5r)(5r) Venue of an action under s. 813.12 growing out of domestic abuse shall be in the county in which the cause of action arose, where the petitioner or the respondent resides or where the petitioner is temporarily living, except that venue may be in any county within a 100-mile radius of the county seat of the county in which the petitioner resides or in any county in which the petitioner is temporarily living if the petitioner is any of the following: 801.50(5r)(f)(f) A person who is currently or has been in a dating relationship, as defined in s. 813.12 (1) (ag), with or a person who has a child in common with a person listed in par. (a), (b), (c), or (d). 801.50(5s)(5s) Venue of an action under s. 813.122 or 813.125 shall be in the county in which the cause of action arose or where the petitioner or the respondent resides, except that venue may be in any county within a 100-mile radius of the county seat of the county in which the petitioner resides or in any county in which the petitioner is temporarily living if the petitioner is any of the following: 801.50(5s)(f)(f) A person who is currently or has been in a dating relationship, as defined in s. 813.12 (1) (ag), with or a person who has a child in common with a person listed in par. (a), (b), (c), or (d). 801.50(5t)(5t) Except as otherwise provided in ss. 801.52 and 971.223 (1) and (2), venue in a civil action to impose a forfeiture upon a resident of this state for a violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19, or for a violation of any other law arising from or in relation to the official functions of the subject of the investigation or any matter that involves elections, ethics, or lobbying regulation under chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19, shall be in circuit court for the county where the defendant resides. For purposes of this subsection, a person other than a natural person resides within a county if the person’s principal place of operation is located within that county. This subsection does not affect which prosecutor has responsibility under s. 978.05 (2) to prosecute civil actions arising from violations under s. 971.223 (1). 801.50(5v)(b)(b) The county in which a court order requiring the respondent to submit a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis was entered. 801.50(5v)(c)(c) The county in which any court proceeding was held that resulted in a requirement that the respondent submit a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis. 801.50 HistoryHistory: 1983 a. 204, 228, 389, 538; 1985 a. 234, 291; 1987 a. 208; 1993 a. 318, 319; 1997 a. 283; 1999 a. 150 s. 672; 2001 a. 30 s. 108; 2001 a. 109; 2007 a. 1; 2009 a. 28, 42, 261; 2011 a. 21, 38, 39, 61; 2017 a. 302, 369. 801.50 Cross-referenceCross-reference: See s. 813.02 (4) for an exception to sub. (1) as to venue. 801.50 NoteJudicial Council Note, 1983: Sub. (1) is designed to separate questions of venue from questions of jurisdiction and competency. A defect in venue is not jurisdictional and does not affect the competence of the court. The cure for a defect in venue is to change the place of trial.
801.50 NoteSub. (2) liberalizes the present venue statute by providing the plaintiff with a broader range of initial venue choices. This subsection also deletes many of the archaic distinctions in the former statute.
801.50 NoteThe following list contains many, but not all, of the specialized venue provisions not found in chapter 801: s. 48.185 (children’s code proceedings); s. 48.83 (adoption of minors); s. 51.45 (13) (n) (civil mental commitments); s. 52.10 (11) (proceedings under the uniform reciprocal enforcement of support act) [s. 52.10 (11) was renumbered s. 767.65 (11) and subsequently repealed by 1993 Wis. Act 326, which created ch. 769, the uniform interstate family support act]; s. 77.12 (forest croplands tax act); s. 111.60 (Wisconsin employment relations act); s. 144.73 (4) [now s. 291.95 (4)] (hazardous waste act); s. 185.44 (1) (cooperative contracts); s. 195.07 (railroad regulation act); s. 196.44 (3) (public utilities regulation act); s. 198.12 (2) (municipal power and water district act); s. 215.02 (5) (savings and loan association act); s. 227.16 (1) (administrative procedure act); s. 232.38 (solid waste recycling authority act); s. 234.22 (housing finance authority act); s. 345.31 (motor vehicle act); s. 421.401 (Wisconsin consumer act); s. 645.04 (1) (insurers rehabilitation and liquidation act); [s. 655.19 (health care liability and patients compensation)]; s. 701.14 (4) (living trusts); s. 752.21 (court of appeals); s. 753.065 (naturalization proceedings); s. 757.89 (Wisconsin judicial commission); s. 776.13 (annulment of corporate charters); s. 779.20 (log liens); s. 799.11 (small claims actions); s. 800.15 (municipal court appeals); s. 880.05 (guardianship actions); s. 882.03 (adult adoptions); s. 971.19 (criminal proceedings); s. 979.01 (inquests of the dead); s. 23.90 (conservation act); s. 45.50 (3) (soldiers and sailors civil relief); and s. 753.34 (5) (Menominee and Shawano counties). 801.50 NoteSub. (3) remains the same in substance.
801.50 NoteSubs. (4) and (5) remain unchanged.
801.50 NoteSub. (6) recognizes the authority of the judge to change venue under s. 801.52. [Bill 324-S]
801.50 AnnotationDiscussing “substantial business” under sub. (2) (c). Enpro Assessment Corp. v. Enpro Plus, Inc., 171 Wis. 2d 542, 492 N.W.2d 325 (Ct. App. 1992). 801.50 Annotation“Where the liberty of the plaintiff is restrained” under sub. (4) (b) is the county where the plaintiff is confined. State ex rel. Frederick v. McCaughtry, 173 Wis. 2d 222, 496 N.W.2d 177 (Ct. App. 1992). 801.50 AnnotationA certiorari proceeding to review a probation revocation must be heard in the circuit court of conviction, but it need not be heard by the same branch. Drow v. Schwarz, 225 Wis. 2d 362, 592 N.W.2d 623 (1999), 97-1867. 801.50 AnnotationThis section and s. 801.51, the general venue statutes, do not apply to actions arising from consumer credit transactions. Rather, the venue provision in s. 421.401 applies. Brunton v. Nuvell Credit Corp., 2010 WI 50, 325 Wis. 2d 135, 785 N.W.2d 302, 07-1253. 801.50 AnnotationBy requiring that a petitioner file its petition in the petitioner’s county of residence, s. 227.53 (1) (a) 3. does not conflict with or negate the petitioner’s ability to designate venue under sub. (3) (a). When a plaintiff designates the county for circuit court venue under sub. (3) (a), it means that the plaintiff is specifying venue, not choosing it. Even when s. 227.53 (1) (a) 3. eliminates any opportunity to choose a county, the plaintiff still designates venue within the meaning of sub. (3) (a). State ex rel. DNR v. Court of Appeals, 2018 WI 25, 380 Wis. 2d 354, 909 N.W.2d 114, 16-1980. 801.50 AnnotationAnother venue “is specifically authorized by law” under sub. (3) (a) only when venue is lawfully transferred to a county different from the one designated by the plaintiff. After 2011 Wis. Act 61, the “unless” clause in sub. (3) (a) serves only as a mechanism by which to oust the plaintiff’s venue designation. State ex rel. DNR v. Court of Appeals, 2018 WI 25, 380 Wis. 2d 354, 909 N.W.2d 114, 16-1980. 801.50 AnnotationA plaintiff must first comply with the requirements for venue in sub. (2). If venue is proper, only then may a circuit court exercise its discretion under s. 801.52 to change venue to another county. In this case, because venue was not proper in Milwaukee County, the circuit court erred when it applied s. 801.52 to keep the case in Milwaukee County. Salachna v. Edgebrook Radiology, 2021 WI App 76, 399 Wis. 2d 759, 966 N.W.2d 923, 20-1062. 801.50 AnnotationIn this case, the lawsuit clearly related to the validity or invalidity of a rule or guidance document within the meaning of sub. (3) (b). It was likewise clear that the lawsuit remained within the confines of sub. (3) (b) even though the plaintiff sought injunctive relief in addition to declaratory relief. Because the claim for injunctive relief was completely dependent upon a favorable decision on the claim for declaratory relief, the action was quintessentially one for declaratory relief. Thus, venue was not also proper under sub. (3) (a) and did not trigger the appellate venue-shifting provision of s. 752.21 (2). State ex rel. Kormanik v. Brash, 2022 WI 67, 404 Wis. 2d 568, 980 N.W.2d 948, 22-1736. 801.50 AnnotationIn an action against multiple defendants, if venue is proper as to any one defendant, then the action is properly venued, and any other defendant is not entitled to a change in venue as a matter of right. Stelling v. Middlesex Insurance Co., 2023 WI App 10, 406 Wis. 2d 197, 986 N.W.2d 354, 22-0536. 801.50 AnnotationThe phrase “does substantial business” in sub. (2) (c) means that the extent of the defendant’s various commercial activities and business relationships, of any type, conducted or occurring at least in part in the county at issue, considered in isolation or relative to the defendant’s total commercial activity and business relationships, is considerable. The phrase “the county” in sub. (2) (c) does not denote exclusively one county. A defendant may do business that is substantial in a large number of counties. Stelling v. Middlesex Insurance Co., 2023 WI App 10, 406 Wis. 2d 197, 986 N.W.2d 354, 22-0536. 801.50 AnnotationWisconsin’s revised venue statutes. Fullin. WBB Sept. 1984.
801.51801.51 Challenges to improper venue. Any party may challenge venue, on the grounds of noncompliance with s. 801.50 or any other statute designating proper venue, by filing a motion for change of venue: 801.51(1)(1) At or before the time the party serves his or her first motion or responsive pleading in the action. 801.51(2)(2) After the time set forth in sub. (1), upon a showing that despite reasonable diligence, the party did not discover the grounds therefor at or before that time. 801.51 HistoryHistory: 1983 a. 228. 801.51 NoteJudicial Council Note, 1983: This section sets forth the procedure for challenging the plaintiff’s initial choice of venue on the grounds that it fails to comply with the provisions of s. 801.50 or any other statute specifying proper venue. The former statute’s 2-stage proceeding was unnecessary and tended to create confusion for unwary litigants. [Bill 324-S]
801.51 AnnotationThis section and s. 801.50, the general venue statutes, do not apply to actions arising from consumer credit transactions. Rather, the venue provision in s. 421.401 applies. Brunton v. Nuvell Credit Corp., 2010 WI 50, 325 Wis. 2d 135, 785 N.W.2d 302, 07-1253. 801.52801.52 Discretionary change of venue. The court may at any time, upon its own motion, the motion of a party or the stipulation of the parties, change the venue to any county in the interest of justice or for the convenience of the parties or witnesses, except that venue in a civil action to impose a forfeiture for a violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 or for a violation of any other law arising from or in relation to the official functions of the subject of the investigation or any matter that involves elections, ethics, or lobbying regulation under chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19, may be changed only as provided in s. 971.223 (1) and (2) or in the same manner that is authorized for a change in the venue of a criminal trial under s. 971.22. This section does not apply to proceedings under ch. 980. 801.52 NoteJudicial Council Note, 1983: This section authorizes grounds for changing venue beyond the failure to comply with s. 801.50. It permits the court to apply traditional forum non conveniens principles to requests for discretionary change of venue. The court has discretion to change venue to any county in the state. [Bill 324-S]
801.52 AnnotationA plaintiff must first comply with the requirements for venue in s. 801.50 (2). If venue is proper, only then may a circuit court exercise its discretion under this section to change venue to another county. In this case, because venue was not proper in Milwaukee County, the circuit court erred when it applied this section to keep the case in Milwaukee County. Salachna v. Edgebrook Radiology, 2021 WI App 76, 399 Wis. 2d 759, 966 N.W.2d 923, 20-1062. 801.53801.53 Determination of motion for change of venue. Motions under ss. 801.51 and 801.52 shall be determined on the basis of proofs submitted by the parties unless the court orders a hearing or oral argument. Oral argument shall be heard by telephonic conference unless the court otherwise orders for cause shown. 801.53 HistoryHistory: 1983 a. 228. 801.53 NoteJudicial Council Note, 1983: The provisions of the prior statute are revised in new s. 801.51. Motions under s. 801.51 are rarely contested and usually decided on affidavit. As on other nonevidentiary motions, oral argument should, if desired, be heard by 3-way or conference telephone call. Motions under s. 801.52, while requiring a factual foundation, usually are based not on dispute of fact but on balance of equities. Unless good cause to the contrary is advanced, arguments should be heard by 3-way or telephonic conference call. [Bill 324-S]
801.54801.54 Discretionary transfer of civil actions to tribal court. 801.54(1)(1) Scope. In a civil action where a circuit court and a court or judicial system of a federally recognized American Indian tribe or band in Wisconsin (“tribal court”) have concurrent jurisdiction, this rule authorizes the circuit court, in its discretion, to transfer the action to the tribal court under sub. (2m) or when transfer is warranted under the factors set forth in sub. (2). This rule does not apply to any action in which controlling law grants exclusive jurisdiction to either the circuit court or the tribal court. 801.54(2)(2) Discretionary transfer. When a civil action is brought in the circuit court of any county of this state, and when, under the laws of the United States, a tribal court has concurrent jurisdiction of the matter in controversy, the circuit court may, on its own motion or the motion of any party and after notice and hearing on the record on the issue of the transfer, cause such action to be transferred to the tribal court. The circuit court must first make a threshold determination that concurrent jurisdiction exists. If concurrent jurisdiction is found to exist, unless all parties stipulate to the transfer, in the exercise of its discretion the circuit court shall consider all relevant factors, including but not limited to: 801.54(2)(a)(a) Whether issues in the action require interpretation of the tribe’s laws, including the tribe’s constitution, statutes, bylaws, ordinances, resolutions, or case law. 801.54(2)(b)(b) Whether the action involves traditional or cultural matters of the tribe. 801.54(2)(c)(c) Whether the action is one in which the tribe is a party, or whether tribal sovereignty, jurisdiction, or territory is an issue in the action. 801.54(2)(d)(d) The tribal membership status of the parties. 801.54(2)(f)(f) Whether the parties have by contract chosen a forum or the law to be applied in the event of a dispute. 801.54(2)(g)(g) The timing of any motion to transfer, taking into account the parties’ and court’s expenditure of time and resources, and compliance with any applicable provisions of the circuit court’s scheduling orders.
