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 un- der s. 971.22. This section does not apply to proceedings under ch. 980.
801.52.Discretionary change of venue.
Ch. 801: Commencement of Action and Venue · Last amended 2009 · Last verified July 15, 2026
In one sentenceSection 801.52 lets a Wisconsin court change venue to any county at any time, on its own motion, a party’s motion, or the parties’ stipulation, whenever doing so serves the interest of justice or the convenience of the parties or witnesses.
Full Text of Section 801.52
Official Notes
Judicial 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] A 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.
Plain-English Summary
Section 801.52 gives Wisconsin courts a broad, discretionary tool for moving a case to a different county, separate from the specific venue-compliance challenge covered elsewhere in the chapter. The court can act at any time — on its own initiative, on a party’s motion, or by the parties’ stipulation — and can send the case to any county in the state, so long as the move serves the interest of justice or the convenience of the parties or witnesses. That standard functions much like the traditional doctrine allowing a court to move a case to a more suitable forum.
The section carves out one significant exception. Venue for a civil forfeiture action tied to certain elections, ethics, or lobbying violations can be changed only through the specific procedure that governs venue changes in criminal trials, not through this general discretionary standard. The section also states that it doesn’t apply to proceedings under Wisconsin’s chapter governing sexually violent person commitments.
Frequently Asked Questions
Can a Wisconsin court move a case to a different county even if venue was originally proper?
Yes. Section 801.52 lets the court change venue to any county in the state, at any time, if doing so serves the interest of justice or the convenience of the parties or witnesses, regardless of whether the original venue complied with section 801.50.
Who can ask for a discretionary change of venue under this section?
Section 801.52 allows the change to happen on the court’s own motion, on the motion of a party, or through the stipulation of the parties.
Is there any kind of case where this discretionary venue-change standard doesn’t apply?
Yes. Section 801.52 requires civil forfeiture actions tied to certain elections, ethics, or lobbying violations to follow the venue-change procedure used for criminal trials instead, and the section does not apply to proceedings under Wisconsin’s chapter on sexually violent person commitments.
What standard does the court use to decide whether to change venue under this section?
Section 801.52 asks whether the change would serve the interest of justice or the convenience of the parties or witnesses, giving the court discretion over the county selected.
Can the parties agree to move the case to a different county?
Yes. Section 801.52 lists a stipulation of the parties as one of the ways a discretionary change of venue can be brought before the court.
Amendment History
History: 1983 a. 228; 2005 a. 434; 2007 a. 1; 2009 a. 180.
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: forum non conveniens wisconsindiscretionary venue change wisconsinconvenience of parties change venue wisconsinstipulated change of venue wisconsin