CHAPTER 806
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.
806.16 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.
806.25 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: This chapter was created by Sup. Ct. Order, 67 Wis. 2d 585, 714 (1975), which contains explanatory notes. Statutes prior to the 1983-84 edition also contain 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 the option 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 (1978).
806.01 Annotation
Only the damages demanded may be awarded in a default judgment. Because the 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. Stein v. Illinois State Assistance Commission,
194 Wis. 2d 775,
535 N.W.2d 101 (Ct. App. 1995).
806.01 Annotation
While a written judgment clear on its face is not open to construction, the trial court has the authority to construe an ambiguous judgment to effectuate the trial court's objective. A clarification is not a modification or amendment of the judgment. Because the judge who drafted the ambiguous language has a superior practical knowledge of its meaning, when the judge resolves an ambiguity based on the judge's experience of the trial and uses a reasonable rationale, an appellate court is to affirm the clarification. Cashin v. Cashin,
2004 WI App 92,
273 Wis. 2d 754,
681 N.W.2d 255,
03-1010.
806.01 Annotation
Use of a legal term of art is not necessary to incorporate documents. Documents may be incorporated in an order or other legal document without being physically attached to the document. Carney v. CNH Health & Welfare Plan,
2007 WI App 205,
305 Wis. 2d 443,
740 N.W.2d 625,
06-1529.
806.01 Annotation
There need not be a specific injunction against the particular action to apply contempt sanctions to an order. An order or judgment that requires specific conduct, either to do, or to refrain from, specific actions, can be enforced by contempt. Neither s. 785.01 (1) nor case law requires that an order contain the specific term “enjoin" or “injunction" to allow the court to use contempt powers to enforce its orders, nor is the possibility of a separate civil action a bar to use of contempt to enforce a court order. Carney v. CNH Health & Welfare Plan,
2007 WI App 205,
305 Wis. 2d 443,
740 N.W.2d 625,
06-1529.
806.01 Annotation
A party to a judgment is obligated to follow the court's judgment unless it is modified in a proceeding in the circuit court or on appeal. A judgment imposes a legal obligation, and violating it can subject an individual to contempt proceedings. This is true even if the judgment was entered in error, unless the court lacked jurisdiction to impose the judgment. Tensfeldt v. Haberman,
2009 WI 77,
319 Wis. 2d 329,
768 N.W.2d 641,
07-1638.
806.01 Annotation
An otherwise valid judgment can be enforced against a legal entity when the judgment is entered against the name under which the legal entity does business. If the name under which a person or corporation does business is “simply another way to refer to" a single legal entity and constitutes no entity distinct from the person or corporation who does business, then a judgment against the “doing business as" name is enforceable against the legal entity from which it is indistinct. Paul Davis Restoration of S.E. Wisconsin, Inc. v. Paul Davis Restoration of Northeast Wisconsin,
2013 WI 49,
347 Wis. 2d 614,
831 N.W.2d 413,
11-1121.
806.01 Annotation
The New Wisconsin Rules of Civil Procedure: Chapters 805-807. Graczyk. 59 MLR 671 (1976).
806.02
806.02
Default judgment. 806.02(1)(1)
A default judgment may be rendered in favor of any party as provided in subs.
(1) to
(4) if no issue of law or fact has been joined on any claim asserted in a complaint, counterclaim, or cross claim 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, counterclaim, or cross claim and proof of service thereof and after filing an affidavit that the party against whom judgment is sought is in default for failure to join issue, a party may move for judgment according to the demand of the complaint, counterclaim, or cross claim. 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 moving party to specify the amount of money claimed and provide that information to the court and to the other parties appearing in the action prior to the court rendering judgment. If proof of any fact is necessary for the court to render 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 party 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; Sup. Ct. Order No.
18-03, 2018 WI 102, 384 Wis. 2d xiii.
806.02 Cross-reference
Cross-reference: See s.
801.15 (4) for time required for notice under sub. (2).
806.02 Cross-reference
Cross-reference: See s.
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. Section 801.02 (1). [Re Order effective Jan. 1, 1983]
806.02 Note
NOTE: Sup. Ct. Order No.
18-03 states: “The Judicial Council Committee Note to Wis. Stat. § 806.02 is not adopted, but will be published and may be consulted for guidance in interpreting and applying the rule.”
