(1) (a) In this subsection, “holiday” means any day that is a holiday provided in s. 230.35 (4) (a) or a statewide legal holiday provided in s. 995.20 or both, and a full day on Good Friday. (b) Notwithstanding ss. 985.09 and 990.001 (4), in computing any period of time prescribed or allowed by chs. 801 to 847, by any other statute governing actions and special proceedings, or by order of court, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a day the clerk of courts office is closed. When the period of time prescribed or allowed is less than 11 days, Saturdays, Sundays and holidays shall be excluded in the computation.
801.15.Time.
Ch. 801: Commencement of Action and Venue · Last amended 2019 · Last verified July 15, 2026
In one sentenceSection 801.15 sets Wisconsin’s rules for computing filing deadlines, when a court may enlarge a deadline, the notice period for motions, and the extra days added when papers are served by mail, fax, email, or the electronic filing system.
Full Text of Section 801.15
(2) (a) When an act is required to be done at or within a specified time, the court may order the period enlarged but only on motion for cause shown and upon just terms. The 90 day period under s. 801.02 may not be enlarged. If the motion is made after the expiration of the specified time, it shall not be granted unless the court finds that the failure to act was the result of excusable neglect. The order of enlargement shall recite by its terms or by reference to an affidavit in the record the grounds for granting the motion. (b) The time within which a motion challenging the sufficiency of the evidence or for a new trial must be decided shall not be enlarged except for good cause. The order of extension must be made prior to the expiration of the initial decision period. (c) The time for initiating an appeal under s. 808.04, for deciding motions after verdict under s. 805.16 (3), and for making motions for reconsideration under s. 805.17 (3) or for relief from judgment or order under s. 48.46 (2) or 806.07 may not be enlarged. (4) A written motion, other than one which may be heard ex parte, and notice of the hearing thereof shall be served not later than 5 days before the time specified for the hearing, unless a different period is fixed by statute or by order of the court. Such an order may for cause shown be made on ex parte motion. When a motion is supported by affidavit, the affidavit shall be served with the motion; and opposing affidavits may be served not later than one day before the hearing, unless the court permits them to be served at some other time. All written motions shall be heard on notice unless a statute or rule permits the motion to be heard ex parte. (5) Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper upon the party:
(a) If the notice or paper is served by mail, 3 days shall be added to the prescribed period.
(b) If the notice or paper is served by facsimile transmission, by electronic mail, or by the electronic filing system under s. 801.18 and such transmission is completed between 5 p.m. and midnight, one day shall be added to the prescribed period.
Official Notes
Cross-reference: See s. 32.05 (4) for exception to provision for added time in case of mailing.
Law Revision Committee Note, 1985: [Sub. (1)] Under the current statute, the time period specified by law or by a court relating to a court action or special proceeding is extended if the last day of the time period falls on a Saturday, Sunday or legal holiday. This amendment adds Good Friday, Christmas eve and New Year’s eve. The afternoon of Good Friday and the full day on December 24 and 31 are holidays for state employees, and the amendment will permit clerks to close their offices at these times. [85 Act 145]
Judicial Council Committee’s Note, 1976: The procedure under s. 801.15 (2) (a) for enlarging the period in which an act is required to be done under the rules of civil procedure cannot be used to enlarge the 60-day period under s. 801.02. See also s. 802.06 (2) (e) and (8). Pars. (2) (b) and (c) are independent provisions. The enlargement of time “for good cause” provision in par. (b) does not apply to the time for appeal under s. 817.01, for motion after verdict under s. 805.16, and for relief from judgment under s. 806.07 as such a result would substantially impair the finality of judgments. The word “extended” is replaced by the word “enlarged” in par. (c) to comply with similar language in pars. (2) (a) and (b). [Re Order effective Jan. 1, 1977]
Judicial Council Note, 1986: Sub. (1) is amended by extending from 7 to 11 days the periods from which Saturdays, Sundays and legal holidays are excluded. The change conforms to that made in Rule 6 (a), F.R.C.P. in 1985. [Re Order eff. 71-86]
Judicial Council Note, 1986: Sub. (2) (c) is amended to clarify that, while the time for deciding motions after verdict may not be enlarged, the time for filing and hearing such motions may be enlarged by the court under revised s. 805.16 (1) and (2). [Re Order eff. 7-1-87]
Judicial Council Note, 1991: The amendment to sub. (2) (c) prohibits the court form extending the time for making reconsideration motions under s. 805.17 (3). [Re Order eff. 7-1-91]
Judicial Council Note, 1991: Sub. (5) (b) is created to allow one extra day to respond to papers served by facsimile transmission after normal business hours. Additional response time may be available under the computation rules of sub. (1) (b) if papers are so served on weekends or holidays. [Re Order eff. 7-1-91]
Judicial Council Note, 1994: Subsection (1) (b) is amended by excluding the last day of a time period from the computation if the clerk of courts office is closed all day.
Plain-English Summary
Section 801.15 is the timekeeping backbone of Wisconsin civil procedure. To compute any deadline set by chapters 801 to 847, another statute governing civil actions, or a court order, the day of the triggering act or event is excluded, but the last day of the period counts — unless that last day falls on a day the clerk’s office is closed. When a period is shorter than 11 days, weekends and holidays (defined to include a statewide legal holiday and a full day on Good Friday) are excluded from the count entirely, which effectively stretches short deadlines across more calendar days.
The section gives courts room to extend deadlines, but not without limits. A court may enlarge a period for cause shown on motion and on just terms, and if the request comes after the deadline has already passed, the court can only grant it upon a finding of excusable neglect; any order enlarging time must state the grounds for doing so. Some deadlines are off-limits to enlargement altogether — most notably, the 90-day period for serving a summons and complaint under section 801.02 can never be enlarged, and neither can the deadlines for initiating an appeal, deciding certain post-verdict motions, or seeking reconsideration or relief from judgment.
For motions themselves, a written motion that isn’t heard ex parte, along with notice of the hearing, must be served at least five days before the hearing unless a different period applies; supporting affidavits go out with the motion, and opposing affidavits are due no later than one day before the hearing unless the court allows otherwise. Finally, the section adds extra response time when a party must act within a period measured from service of a notice or paper: three extra days when service was by mail, and one extra day when service by fax, email, or the electronic filing system was completed between 5 p.m. and midnight.
Frequently Asked Questions
How does Wisconsin compute a filing deadline under this section?
Section 801.15 excludes the day of the triggering act or event but includes the last day of the period, unless that last day falls when the clerk’s office is closed. If the period is shorter than 11 days, Saturdays, Sundays, and holidays are excluded from the count.
Can a Wisconsin court extend the 90-day deadline to serve a summons and complaint?
No. Section 801.15 specifically states that the 90-day period under section 801.02 may not be enlarged, even though the court has general authority to enlarge many other deadlines for cause shown.
What has to be shown to get a deadline extended after it has already passed?
Section 801.15 requires the court to find that the failure to act was the result of excusable neglect before granting an enlargement requested after the original deadline expired.
How much notice does a written motion require before its hearing?
Section 801.15 requires the motion and notice of hearing to be served at least five days before the hearing date, unless a different period is fixed by statute or court order.
Do I get extra time to respond if I was served by mail or after business hours by email?
Yes. Section 801.15 adds three days to the response period when service was made by mail, and adds one day when service by fax, email, or the electronic filing system was completed between 5 p.m. and midnight.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 610 (1975); 1975 c. 218; Sup. Ct. Order, 73 Wis. 2d xxxi (1976); 1977 c. 187 s. 135; 1977 c. 449; 1979 c. 89; 1983 a. 192 s. 304; 1985 a. 145; Sup Ct. Order, 130 Wis. 2d xi (1986); 1985 a. 332; Sup. Ct. Order, 136 Wis. 2d xxv (1987); Sup. Ct. Order, 146 Wis. 2d xxxiii (1988); Sup. Ct. Order, 160 Wis. 2d xiv (1991); Sup. Ct. Order, 161 Wis. 2d xvii (1991); Sup. Ct. Order No. 94-05, 183 Wis. 2d xix (1994); 1997 a. 187; 2005 a. 155; Sup. Ct. Order No. 1403, 2016 WI 29, 368 Wis. 2d xiii; 2019 a. 30.
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: wisconsin deadline computation ruleextending a deadline wisconsin lawsuitexcusable neglect wisconsin deadlineextra days for mail service wisconsinwisconsin motion notice period