In any case where another judge has been assigned under s. 751.03 to hear a particular action or proceeding, the clerk of circuit court shall forthwith notify all parties to the action or proceeding, by mail or telephone, noting in the case file the time notice was sent or given and, if notice is given by telephone, the person with whom he or she spoke. If a written request for a substitution of a new judge is filed with regard to an assigned judge, it shall be filed within 7 days after notice of the assignment has been received. A copy of the written request shall be mailed forthwith to all parties and to the named judge.
801.59.Assigned judge.
Ch. 801: Commencement of Action and Venue · Last amended 1987 · Last verified July 15, 2026
In one sentenceSection 801.59 requires the clerk to notify all parties when another judge is assigned to hear a Wisconsin case, and it shortens the deadline for a substitution request tied to that assigned judge to 7 days after notice of the assignment.
Full Text of Section 801.59
Official Notes
Judicial Council Note, 1988: This section is amended by allowing notice of a newly assigned judge to be given to the parties by telephone. Notation of the time of notice is required for purposes of s. 801.58 (1). [Re Order effective Jan. 1, 1988]
Plain-English Summary
Section 801.59 covers the notice mechanics that support the substitution-of-judge procedure in the preceding section. Whenever a judge other than the one originally handling a case is assigned under the statute governing judicial assignments to hear a particular action, the clerk of circuit court has to promptly notify every party, by mail or telephone, and note in the case file when that notice was sent or given — including who the clerk spoke with, if notice was given by phone.
That notice starts a short clock. If a party wants to file a written request for substitution of the newly assigned judge, the request has to be filed within 7 days after notice of the assignment was received. Once that request is filed, a copy must be promptly mailed to every party and to the judge who was named in the request.
Frequently Asked Questions
What must the clerk do when a new judge is assigned to hear a Wisconsin case?
Section 801.59 requires the clerk of circuit court to promptly notify all parties, by mail or telephone, and to note in the case file when that notice was given, including who the clerk spoke with if the notice was given by phone.
How long do I have to request substitution of a newly assigned judge?
Section 801.59 requires that request to be filed within 7 days after notice of the assignment is received.
Does this 7-day deadline replace the 60-day deadline in the general substitution rule?
It applies specifically to a judge assigned under the statute governing judicial assignments to hear a particular action; the section notes that this timing matters for the broader substitution-of-judge rule, which separately addresses newly assigned trial judges.
Who gets a copy of a substitution request filed against a newly assigned judge?
Section 801.59 requires the copy to be mailed promptly to all parties and to the judge named in the request.
Can notice of a new judge assignment be given by phone instead of mail?
Yes. Section 801.59 allows notice by mail or telephone, so long as the clerk notes in the case file when the notice was sent or given.
Amendment History
History: 1971 c. 296; Sup. Ct. Order, 67 Wis. 2d 585, 757 (1975); 1977 c. 187 s. 135; Sup. Ct. Order, 141 Wis. 2d xiii (1987).
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: notice of newly assigned judge wisconsinsubstitution request for assigned judge wisconsin7 day deadline assigned judge wisconsin