When the judge is a party or interested in any action in the judge’s court or is related to or has been of counsel for either party, the court or the presiding judge thereof shall, upon application of either party, and may without such application, change the place of trial or call in another judge as provided in s. 801.58. The fact that the judge is a taxpayer does not disqualify the judge.
801.56.Change of venue if judge disqualified by interest.
Ch. 801: Commencement of Action and Venue · Last amended 1975 · Last verified July 15, 2026
In one sentenceSection 801.56 requires a Wisconsin case to be moved to another judge or another county when the assigned judge is a party, has an interest in the case, or is related to or has represented one of the parties, though being a taxpayer alone doesn’t disqualify a judge.
Full Text of Section 801.56
Plain-English Summary
Section 801.56 addresses what happens when the judge assigned to a Wisconsin case has a personal stake or connection to it. If the judge is a party to the action, has an interest in it, or is related to or has previously been counsel for either party, the court or presiding judge must change the place of trial or bring in another judge, using the substitution procedure the next section describes, whenever a party applies for that relief. The court can also make that change on its own, without waiting for a party to ask.
The section draws one specific line around what counts as a disqualifying interest: being a taxpayer alone doesn’t disqualify a judge from hearing a case, even though many cases could be said to touch on public funds or taxpayer interests in some general sense. Only the more direct connections — being a party, having an actual interest, or a personal or professional relationship with a party — trigger the disqualification.
Frequently Asked Questions
What happens if the judge assigned to my Wisconsin case is related to the opposing party?
Section 801.56 requires the court or presiding judge to change the place of trial or call in another judge, upon a party’s application, and the court may do so on its own even without an application.
Does being a taxpayer disqualify a Wisconsin judge from hearing a case?
No. Section 801.56 specifically states that the fact that the judge is a taxpayer does not disqualify the judge.
What other situations trigger disqualification under this section?
Section 801.56 covers a judge who is a party to the action, a judge who is interested in the action, and a judge who is related to or has previously been counsel for either party.
Do I have to file anything to get a disqualified judge removed from my case?
Section 801.56 requires the change upon a party’s application, but it also allows the court to make the change on its own motion, without any application, once the disqualifying connection exists.
How does the judge get replaced under this section?
Section 801.56 directs that the change happen by changing the place of trial or by calling in another judge, following the procedure set out in the section governing substitution of judges.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 757, 777 (1975); 1975 c. 218; Stats. 1975 s. 801.56.
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 judge conflict of interest recusaldisqualified judge change venue wisconsinjudge related to party wisconsin lawsuit