(1) A defect in venue shall not affect the validity of any order or judgment.
801.50.Venue in civil actions or special proceedings.
Ch. 801: Commencement of Action and Venue · Last amended 2017 · Last verified July 15, 2026
In one sentenceSection 801.50 sets Wisconsin’s default venue rules for civil actions — the county where the claim arose, where the property sits, or where a defendant resides or does substantial business, with the plaintiff’s choice available only if none of those applies — plus a long list of specialized venue rules for particular kinds of cases.
Full Text of Section 801.50
(2) Except as otherwise provided by statute, venue in civil actions or special proceedings shall be as follows:
(a) In the county where the claim arose;
(b) In the county where the real or tangible personal property, or some part thereof, which is the subject of the claim, is situated;
(c) In the county where a defendant resides or does substantial business; or
(d) If the provisions under par. (a) to (c) do not apply, then venue shall be in any county designated by the plaintiff.
(3) (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. (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). (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. (3m) Venue in an action under s. 323.60 (8) or (9) related to hazardous substance releases shall be in the county as provided under s. 323.60 (10).
(4) Venue of an action seeking a remedy available by habeas corpus shall be in the county:
(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.
(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. (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.
(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. (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. (5m) Venue of an action arising from a consumer credit transaction, as defined in s. 421.301 (10), shall be in any county specified in s. 421.401 (1). (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. (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:
(a) A victim advocate, as defined in s. 905.045 (1) (e).
(b) An employee of the county court system.
(c) A legal professional practicing law, as defined in SCR 23.01.
(d) A current or former law enforcement officer, as defined in s. 102.475 (8) (c).
(e) The spouse of a person listed in par. (a), (b), (c), or (d).
(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).
(g) An immediate family member, as defined in s. 97.605 (4) (a) 2., of a person listed in par. (a), (b), (c), or (d).
(h) A household member, as defined in s. 813.12 (1) (c), of a person listed in par. (a), (b), (c), or (d). (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:
(a) A victim advocate, as defined in s. 905.045 (1) (e).
(b) An employee of the county court system.
(c) A legal professional practicing law, as defined in SCR 23.01.
(d) A current or former law enforcement officer, as defined in s. 102.475 (8) (c).
(e) The spouse of a person listed in par. (a), (b), (c), or (d).
(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).
(g) An immediate family member, as defined in s. 97.605 (4) (a) 2., of a person listed in par. (a), (b), (c), or (d).
(h) A household member, as defined in s. 813.12 (1) (c), of a person listed in par. (a), (b), (c), or (d). (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). (5v) Venue of an action under s. 165.76 (6) shall be in any of the following counties:
(a) The county where the respondent resides.
(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.
(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.
Official Notes
Cross-reference: See s. 813.02 (4) for an exception to sub. (1) as to venue.
Judicial 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. Sub. (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. The 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). Sub. (3) remains the same in substance. Subs. (4) and (5) remain unchanged. Sub. (6) recognizes the authority of the judge to change venue under s. 801.52. [Bill 324-S] Discussing “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). “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).
Plain-English Summary
Section 801.50 answers where, not whether, a Wisconsin civil case can be filed. It opens by making clear that getting venue wrong isn’t fatal to the case: a defect in venue doesn’t affect the validity of any order or judgment, even if the case was filed in the wrong county. The default rule for choosing the right county gives the plaintiff several qualifying options rather than a strict hierarchy — proper venue exists in the county where the claim arose, the county where the property at issue is located, or the county where a defendant resides or does substantial business. Only if none of those describes any Wisconsin county does the plaintiff get to pick freely from among all the state’s counties.
A separate set of rules governs actions against the state itself. When the state, a state board or commission, or a state officer, employee, or agent in an official capacity is the sole defendant, venue generally follows the plaintiff’s choice of county, unless another venue is specifically authorized by law. That general rule bends for two situations spelled out in the section: challenges to the validity of an administrative rule or guidance document follow a separate venue statute, and an action a prisoner brings where the sole defendant is the state or a state officer, employee, or agent must be venued in Dane County, again unless another venue is specifically authorized.
The bulk of the remaining subsections address specialized case types, each with its own venue rule: habeas corpus actions (tied to where the plaintiff was convicted, sentenced, or is currently restrained), challenges to legislative or congressional apportionment, certiorari review of probation, extended supervision, or parole decisions, consumer credit transactions, environmental pollution actions, domestic abuse and harassment injunctions (which allow broader venue options for petitioners who are victim advocates, court employees, attorneys, or law enforcement officers, among others), and certain forfeiture actions tied to elections, ethics, or lobbying violations. The section closes by confirming that venue set under this section can still be changed under the discretionary change-of-venue rule elsewhere in the chapter.
Frequently Asked Questions
Does filing a Wisconsin lawsuit in the wrong county void the judgment?
No. Section 801.50 states that a defect in venue does not affect the validity of any order or judgment, even though the case should have been venued elsewhere.
What is the default rule for choosing the proper county to file a civil lawsuit in Wisconsin?
Section 801.50 allows proper venue in the county where the claim arose, the county where the affected real or personal property is located, or the county where a defendant resides or does substantial business. Only if none of those applies does the plaintiff get to choose any county in the state.
Where must a lawsuit be venued if the state of Wisconsin is the only defendant?
Section 801.50 generally lets the plaintiff designate the county, unless another venue is specifically authorized by law, though it carves out separate venue rules for challenges to administrative rules and for prisoner actions against the state, which must be venued in Dane County.
Where is a habeas corpus action venued in Wisconsin?
Section 801.50 ties venue to the county where the plaintiff was convicted or sentenced, if the action seeks relief from that conviction or sentence, or to the county where the plaintiff’s liberty is currently restrained for any other kind of habeas claim.
Does this section allow venue for a domestic abuse injunction to be filed somewhere other than where the abuse happened?
Yes, in some circumstances. Section 801.50 generally ties venue for a domestic abuse action to where the cause of action arose or where the petitioner or respondent resides, but it allows broader venue, within a 100-mile radius of the petitioner’s county, for petitioners in certain professional roles, such as victim advocates, court employees, attorneys, and law enforcement officers, among others listed in the section.
Amendment History
History: 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.
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
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