(1) Any party to a civil action or proceeding may file a written request, signed personally or by his or her attorney, with the clerk of courts for a substitution of a new judge for the judge assigned to the case. The written request shall be filed preceding the hearing of any preliminary contested matters and, if by the plaintiff, not later than 60 days after the summons and complaint are filed or, if by any other party, not later than 60 days after service of a summons and complaint upon that party. If a new judge is assigned to the trial of a case, a request for substitution must be made within 10 days of receipt of notice of assignment, provided that if the notice of assignment is received less than 10 days prior to trial, the request for substitution must be made within 24 hours of receipt of the notice and provided that if notification is received less than 24 hours prior to trial, the action shall proceed to trial only upon stipulation of the parties that the assigned judge may preside at the trial of the action. Upon filing the written request, the filing party shall forthwith serve a copy thereof on all parties to the action and in the manner provided in s. 801.18 (6) (a) or (c).
801.58.Substitution of judge.
Ch. 801: Commencement of Action and Venue · Last amended 2021 · Last verified July 15, 2026
In one sentenceSection 801.58 lets any party in a Wisconsin civil case file one written request to substitute a new judge, within 60 days of the summons and complaint being filed or served, or within a shorter window if a new judge is assigned closer to trial.
Full Text of Section 801.58
(2) When the clerk receives a request for substitution, the clerk shall immediately contact the judge whose substitution has been requested for a determination of whether the request was made timely and in proper form. If the request is found to be timely and in proper form, the judge named in the request has no further jurisdiction and the clerk shall request the assignment of another judge under s. 751.03. If the judge named in the substitution request finds that the request was not timely and in proper form, that determination may be reviewed by the chief judge of the judicial administrative district, or by the chief judge of an adjoining judicial administrative district if the judge named in the request is the chief judge, if the party who made the substitution request files a written request for review with the clerk no later than 10 days after the determination by the judge named in the request. If no determination is made by the judge named in the request within 7 days, the clerk shall refer the matter to the chief judge of the judicial administrative district or to the chief judge of an adjoining judicial administrative district, if the judge named in the request is the chief judge, for determination of whether the request was made timely and in proper form and reassignment as necessary. The newly assigned judge shall proceed under s. 802.10 (1). (2m) If, under sub. (2), the judge determines that the request for substitution was made timely and in proper form, any ex parte order granted by the original judge remains in effect according to the terms, except that a temporary restraining order issued under s. 813.12 (3), 813.122 (4), 813.123 (4), or 813.125 (3) by the original judge is extended until the newly assigned judge holds a hearing on the issuance of an injunction. The newly assigned judge shall hear any subsequent motion to modify or vacate any ex parte order granted by the original judge.
(3) Except as provided in sub. (7), no party may file more than one such written request in any one action, nor may any single such request name more than one judge. For purposes of this subsection parties united in interest and pleading together shall be considered as a single party, but the consent of all such parties is not needed for the filing by one of such party of a written request.
(4) Upon the filing of an agreement signed by all parties to a civil action or proceeding, by the original judge for which a substitution of a new judge has been made, and by the new judge, the civil action or proceeding and pertinent records shall be transferred back to the original judge.
(5) In addition to other substitution of judge procedures, in probate matters a party may file a written request specifically stating the issue in a probate proceeding for which a request for substitution of a new judge has been made. The judge shall thereupon be substituted in relation to that issue but after resolution of the issue shall continue with the administration of the estate. If a person wishes to file a written request for substitution of a new judge for the entire proceeding, subs. (1) to (4) shall apply.
(6) (a) In probate matters ss. 801.59 to 801.62 apply, except that upon the substitution of any judge, the case shall be referred to the register in probate, who shall request assignment of another judge under s. 751.03 to attend and hold court in such matter. (b) Ex parte orders, letters, bonds, petitions and affidavits may be presented to the assigned judge, by mail or in person, for signing or approving, wherever the judge may be holding court, who shall execute or approve the same and forthwith transmit the same to the attorney who presented it, for filing with the circuit court of the county where the records and files of the matter are kept.
(7) If upon an appeal from a judgment or order or upon a writ of error the appellate court orders a new trial or reverses or modifies the judgment or order as to any or all of the parties in a manner such that further proceedings in the trial court are necessary, any party may file a request under sub. (1) within 20 days after the filing of the remittitur in the trial court whether or not another request was filed prior to the time the appeal or writ of error was taken.
Official Notes
Judicial Council Note, 1977: Section 801.58 of the statutes has been changed in a number of significant ways. The statute states that a substitution of judge request in a civil action or proceeding is timely only if made before the hearing of a preliminary contested matter, codifying Pure Milk Products Coop. v. NFO, 64 Wis. 2d 241 (1974). A new provision has been added to allow the parties to a criminal action or proceeding, the prosecuting attorney, and the original and the new judge to agree to have the matter referred back to the original judge. This will aid the administration of justice in those cases where it is advantageous for everyone concerned to have the original judge take back the matter. [Bill 74-S]
Judicial Council Committee’s Note, 1977: Sub. (1) is amended to give a plaintiff 60 days from the time the summons and complaint are filed or a defendant or any added party 60 days after service of a summons and complaint upon them to request a substitution of a new judge, provided no preliminary contested matters have been argued by the requester. The previous time periods for requesting a substitution of judge (i.e., 10 days after the date of notice for a scheduling conference or 10 days after service of a standard scheduling order) are repealed as the use of such a conference or order is no longer mandatory under s. 802.10. [Re Order effective July 1, 1978]
Judicial Council Note, 1981: Sub. (2) has been revised to allow the clerk to refer the substitution request to the chief judge of the judicial administrative district when the judge whose substitution has been requested fails to determine within 7 days whether the request is timely made and in proper form. Sub. (7) has been amended to clarify that the 20-day time period for filing a substitution request after an appellate remand commences upon the filing of the remittitur in the trial court. Rohl v. State, 97 Wis. 2d 514 (1980). [Bill 163-S]
Plain-English Summary
Section 801.58 gives parties a right to remove the assigned judge from their case without having to show a disqualifying interest under the previous section — a peremptory substitution, available on request rather than for cause. Any party can file a signed written request with the clerk of courts, but timing matters: the request must come before the hearing of any preliminary contested matter, and, for the plaintiff, within 60 days after the summons and complaint are filed; for any other party, within 60 days after being served. If a new judge gets assigned to try the case, the window shrinks to 10 days after notice of that assignment, or just 24 hours if the notice arrives less than 10 days before trial; if notice comes less than 24 hours before trial, the case proceeds before that judge unless the parties stipulate otherwise. Whoever files the request must promptly serve a copy on every other party.
Once the clerk receives a request, the clerk contacts the named judge to check whether it was timely and properly made. If so, that judge loses further jurisdiction over the case, and the clerk requests assignment of a replacement. If the named judge finds the request wasn’t timely or proper, the requesting party can seek review from the chief judge of the judicial district within 10 days; if the named judge doesn’t rule within 7 days, the clerk refers the matter to the chief judge directly. When a substitution is granted, most ex parte orders from the original judge stay in effect, though certain domestic-abuse and harassment restraining orders get extended until the new judge holds a hearing on an injunction.
Each party generally gets only one substitution request per action, and a request can’t name more than one judge; parties who are united in interest and pleading together count as a single party for this limit, though any one of them can file without needing the others’ consent. The original and newly assigned judges, with the agreement of all parties, can transfer the case back to the original judge. Probate matters get their own variation, letting a party request substitution for just one specific issue rather than the whole proceeding. And if an appellate court reverses or orders a new trial requiring further proceedings, any party gets a fresh opportunity to request a substitution within 20 days after the remittitur is filed in the trial court, regardless of whether a request was made earlier in the case.
Frequently Asked Questions
How long does a plaintiff have to request a substitution of judge in Wisconsin?
Section 801.58 gives the plaintiff 60 days after the summons and complaint are filed, and it requires the request to be filed before the hearing of any preliminary contested matter.
What if a new judge is assigned to my case shortly before trial?
Section 801.58 shortens the window in that situation: the request must be made within 10 days of receiving notice of the new assignment, or within 24 hours if the notice arrives less than 10 days before trial. If notice comes less than 24 hours before trial, the case proceeds before that judge unless the parties stipulate otherwise.
Can I file more than one substitution request in the same Wisconsin case?
Generally no. Section 801.58 limits each party to one written request per action and prohibits naming more than one judge in a single request, apart from the specific exception for a case sent back after a successful appeal.
What happens to the original judge’s ex parte orders after a substitution is granted?
Section 801.58 says most ex parte orders remain in effect on their existing terms, except that certain domestic-abuse and harassment restraining orders are extended until the newly assigned judge holds a hearing on an injunction.
Can I request a new judge again if my case is sent back to the trial court after an appeal?
Yes. Section 801.58 allows any party to file a substitution request within 20 days after the remittitur is filed in the trial court, whether or not a request was already filed before the appeal.
Amendment History
History: 1971 c. 46, 138, 296; Sup. Ct. Order, 67 Wis. 2d 585, 757 (1975); Stats. 1975 s. 801.58; 1977 c. 135 ss. 7, 15, 16; 1977 c. 187 s. 135; Sup. Ct. Order, 82 Wis. 2d ix (1978); 1977 c. 449; 1979 c. 175 ss. 50, 53; 1981 c. 137; 1987 a. 68; 2013 a. 322; Sup. Ct. Order No. 20-07, 2021 WI 37, 397 Wis. 2d xiii.
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 substitution of judge requestremoving a judge from your case wisconsin60 day judge substitution deadline wisconsinperemptory judge substitution wisconsin