(1) All issues of fact and law raised by an objection to the court’s jurisdiction over the person or property as provided by s. 802.06 (2) shall be heard by the court without a jury in advance of any issue going to the merits of the case. If, after such a hearing on the objection, the court decides that it has jurisdiction, the case may proceed on the merits; if the court decides that it lacks jurisdiction, the defendant shall be given the relief required by such decision.
801.08.Objection to personal jurisdiction.
Ch. 801: Commencement of Action and Venue · Last amended 1979 · Last verified July 15, 2026
In one sentenceSection 801.08 requires a Wisconsin court to resolve any objection to its jurisdiction over a person or property in a hearing without a jury before reaching the merits, and it limits when a guardian or guardian ad litem can waive that objection for a ward.
Full Text of Section 801.08
(2) Factual determinations made by the court in determining the question of personal jurisdiction over the defendant shall not be binding on the parties in the trial of the action on the merits.
(3) No guardian or guardian ad litem may, except as provided in this subsection, waive objection to jurisdiction over the person of the ward. If no objection to the jurisdiction of the court over the person of the ward is raised pursuant to s. 802.06 (2), the service of an answer or motion by a guardian or guardian ad litem followed by a hearing or trial shall be equivalent to an appearance and waiver of the defense of lack of jurisdiction over the person of the ward.
Official Notes
Judicial Council Note, 1981: The last sentence of sub. (1) has been repealed because it erroneously implied that non-final orders deciding jurisdictional questions were appealable as of right. This has not been true since ch. 187, Laws of 1977 repealed s. 817.33 (3) (f), Wis. Stats. (1975) and created s. 808.03 (1), Wis. Stats. (1977). Heaton v. Independent Mortuary Corp. 97 Wis. 2d 379, 294 N.W.2d 15 (1980). [Re Order effective July 1, 1981]
Plain-English Summary
Section 801.08 governs how a Wisconsin court handles a jurisdictional objection once one is raised. All the factual and legal issues that objection presents must be heard by the court, without a jury, before the case moves on to the merits. If the court decides after that hearing that it does have jurisdiction, the case proceeds; if the court decides it lacks jurisdiction, the defendant gets whatever relief that decision calls for — typically, dismissal as to that defendant. The section adds a safeguard for the merits phase: whatever factual findings the court made while deciding the jurisdiction question don’t bind the parties later, when the case is tried on the merits.
The section’s final piece protects wards. A guardian or guardian ad litem generally cannot waive an objection to jurisdiction over the person of a ward. There is one exception: if no objection to jurisdiction is raised through the proper procedure, and the guardian or guardian ad litem serves an answer or motion followed by a hearing or trial, that conduct is treated as an appearance and a waiver of the jurisdiction defense on the ward’s behalf, just as it would be for a party acting on their own.
Frequently Asked Questions
How does a Wisconsin court resolve a challenge to its jurisdiction over a defendant?
Section 801.08 requires the court to hear all the issues of fact and law the objection raises, without a jury, before the case proceeds on the merits. If the court finds jurisdiction exists, the case goes forward; if not, the defendant gets the relief that decision requires.
Do the court’s factual findings on jurisdiction carry over to the trial on the merits?
No. Section 801.08 specifically states that factual determinations the court makes in deciding personal jurisdiction are not binding on the parties when the case is later tried on the merits.
Can a guardian ad litem waive a jurisdictional objection on behalf of a ward?
Generally no, except in one situation. Section 801.08 allows a waiver to occur if no objection to jurisdiction over the ward is raised through the proper procedure and the guardian or guardian ad litem serves an answer or motion followed by a hearing or trial.
Is a jury involved in deciding whether a Wisconsin court has personal jurisdiction?
No. Section 801.08 requires the hearing on a jurisdictional objection to be conducted by the court without a jury.
What happens if the court decides it lacks jurisdiction over a defendant?
Section 801.08 says the defendant shall be given the relief required by that decision, which typically means the case cannot proceed against that defendant.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 598 (1975); 1979 c. 110 s. 60 (7); Sup. Ct. Order, 101 Wis. 2d xi.
Source & verification. Section text and official notes are
reproduced verbatim from the Wisconsin Statutes, published by the
Wisconsin Legislature (Legislative Reference Bureau). Last verified July 15, 2026.
· Official source
Also known as: motion to dismiss lack of personal jurisdiction wisconsinchallenging jurisdiction wisconsin lawsuitguardian ad litem waive jurisdiction wisconsinjurisdiction hearing before trial wisconsin