After trial in the court to which the action has been changed, the proceedings for the change shall be conclusive unless a motion to remand was made before the trial commences. If after the transmission of the papers an order changing the place of trial is reversed or set aside the effect shall be to change the place of trial back. After the transmission of the papers back to the original court on the reversal or setting aside of the order, a party may renew the application for a change of venue within 20 days. The renewed application shall be treated as the original application.
801.62.Conclusiveness of change of venue; second motion.
Ch. 801: Commencement of Action and Venue · Last amended 1977 · Last verified July 15, 2026
In one sentenceSection 801.62 makes a change-of-venue order final once trial begins in the new county unless a party moved to remand before trial, and gives a party whose venue order is reversed on appeal a fresh 20 days to renew the venue request once the case returns.
Full Text of Section 801.62
Plain-English Summary
Once a case has been transferred to a new county and trial there is underway, section 801.62 locks the venue decision in place. A party can no longer relitigate where the case belongs after trial commences, with one exception: if someone filed a motion to remand before trial started, that objection preserves the issue.
The section also covers what happens when an appellate court later reverses or sets aside the order that moved the case in the first place. The effect is to send the case back to its original county. Once the papers have been transmitted back, a party gets a new 20-day window to renew the application for a change of venue, and that renewed application is treated exactly like the original one, rather than as some late or disfavored second attempt.
Together these rules keep venue disputes from dragging on indefinitely while still giving a party a real second chance if the appellate courts decide the first transfer was wrong.
Frequently Asked Questions
Can I challenge venue again after trial has already started in the new county?
No. Section 801.62 makes the change-of-venue proceedings conclusive once trial commences in the court to which the case was transferred, unless a motion to remand was filed before trial began.
What happens if an appellate court reverses the order that changed venue?
The effect is to change the place of trial back to the original court. The papers get transmitted back, and from that point a party has a fresh opportunity to raise venue again.
How long do I have to renew a venue motion after the case is sent back?
20 days after the papers are transmitted back to the original court following the reversal or setting aside of the venue order.
Is a renewed venue application treated differently from the original one?
No. Section 801.62 says the renewed application is treated as the original application, so it follows the same standards.
Does filing a motion to remand before trial protect my ability to raise venue later?
Yes. A motion to remand made before trial commences is the specific exception that keeps the venue question from becoming conclusive once trial starts.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 757 (1975); 1975 c. 218; Stats. 1975 s. 801.62; 1977 c. 449.
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 change of venue after trialsecond motion to change venue wisconsinvenue order reversed on appeal wisconsinrenewing a venue motion after remandconclusiveness of venue transfer wisconsin