Motions under ss. 801.51 and 801.52 shall be determined on the basis of proofs submitted by the parties unless the court orders a hearing or oral argument. Oral argument shall be heard by telephonic conference unless the court otherwise orders for cause shown.
801.53.Determination of motion for change of venue.
Ch. 801: Commencement of Action and Venue · Last amended 1983 · Last verified July 15, 2026
In one sentenceSection 801.53 says a Wisconsin court decides motions to challenge or discretionarily change venue based on the parties’ written submissions unless it orders a hearing, and any oral argument happens by telephone unless the court orders otherwise for good cause.
Full Text of Section 801.53
Official Notes
Judicial Council Note, 1983: The provisions of the prior statute are revised in new s. 801.51. Motions under s. 801.51 are rarely contested and usually decided on affidavit. As on other nonevidentiary motions, oral argument should, if desired, be heard by 3-way or conference telephone call. Motions under s. 801.52, while requiring a factual foundation, usually are based not on dispute of fact but on balance of equities. Unless good cause to the contrary is advanced, arguments should be heard by 3-way or telephonic conference call. [Bill 324-S]
Plain-English Summary
Section 801.53 sets the procedural default for how a venue motion gets decided. Motions to challenge improper venue and motions for a discretionary change of venue are determined based on the proofs the parties submit — typically affidavits and written argument — rather than through a live evidentiary hearing, unless the court decides a hearing or oral argument is needed.
When oral argument does happen, the section defaults to a telephonic conference rather than an in-person appearance, unless the court orders otherwise for cause shown. That default reflects that venue motions usually turn on where events happened or where parties and witnesses are located, questions that can typically be resolved on the papers without the expense of an in-person hearing.
Frequently Asked Questions
Does a Wisconsin court hold a hearing on every venue motion?
Not necessarily. Section 801.53 says motions to challenge or change venue are determined based on the proofs the parties submit unless the court orders a hearing or oral argument.
If oral argument is held on a venue motion, does it have to be in person?
No. Section 801.53 defaults to a telephonic conference for oral argument on these motions, unless the court orders otherwise for cause shown.
What kind of evidence does the court typically rely on to decide a venue motion?
Section 801.53 refers to proofs submitted by the parties, which in practice usually means affidavits and written submissions rather than live witness testimony.
Which motions does this telephonic-argument default apply to?
Section 801.53 applies it to motions filed under the venue-challenge and discretionary change-of-venue sections of the chapter.
Can a party request an in-person hearing on a venue motion?
The section leaves that to the court’s discretion; the default is a telephonic conference for oral argument unless the court orders a different format for cause shown.
Amendment History
History: 1983 a. 228.
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: how wisconsin court decides venue motionvenue motion hearing wisconsintelephonic oral argument venue motion wisconsin