(1) STAY ON INITIATIVE OF PARTIES. If a court of this state, on motion of any party, finds that trial of an action pending before it should as a matter of substantial justice be tried in a forum outside this state, the court may in conformity with sub. (3) enter an order to stay further proceedings on the action in this state. A moving party under this subsection must stipulate consent to suit in the alternative forum and waive right to rely on statutes of limitation which may have run in the alternative forum after commencement of the action in this state. A stay order may be granted although the action could not have been commenced in the alternative forum without consent of the moving party.
801.63.Stay of proceeding to permit trial in a foreign forum.
Ch. 801: Commencement of Action and Venue · Last amended 1989 · Last verified July 15, 2026
In one sentenceSection 801.63 lets a Wisconsin court stay a pending case so the dispute can be tried somewhere else, so long as the party asking for the stay agrees to accept jurisdiction in that other forum and gives up any limitations defense that forum’s law would otherwise let it raise.
Full Text of Section 801.63
(2) TIME FOR FILING AND HEARING MOTION. The motion to stay the proceedings shall be filed prior to or with the answer unless the motion is to stay proceedings on a cause raised by counterclaim, in which instance the motion shall be filed prior to or with the reply. The issues raised by this motion shall be tried to the court in advance of any issue going to the merits of the action and shall be joined with objections, if any, raised by answer or motion pursuant to s. 802.06 (2). The court shall find separately on each issue so tried and these findings shall be set forth in a single order.
(3) SCOPE OF TRIAL COURT DISCRETION ON MOTION TO STAY PROCEEDINGS. The decision on any timely motion to stay proceedings pursuant to sub. (1) is within the discretion of the court in which the action is pending. In the exercise of that discretion the court may appropriately consider such factors as:
(a) Amenability to personal jurisdiction in this state and in any alternative forum of the parties to the action;
(b) Convenience to the parties and witnesses of trial in this state and in any alternative forum;
(c) Differences in conflict of law rules applicable in this state and in any alternative forum; or
(d) Any other factors having substantial bearing upon the selection of a convenient, reasonable and fair place of trial.
(4) SUBSEQUENT MODIFICATION OF ORDER TO STAY PROCEEDINGS. Jurisdiction of the court continues over the parties to a proceeding in which a stay has been ordered under this section until a period of 5 years has elapsed since the last order affecting the stay was entered in the court. At any time during which jurisdiction of the court continues over the parties to the proceedings, the court may, on motion and notice to the parties, subsequently modify the stay order and take any further action in the proceeding as the interests of justice require. When jurisdiction of the court over the parties and the proceeding terminates by reason of the lapse of 5 years following the last court order in the action, the clerk of the court in which the stay was granted shall without notice enter an order dismissing the action.
Official Notes
Judicial Council Note, 1988: Sub. (5) [created] allows motions for stays under this section to be heard by telephone conference. [Re Order effective Jan. 1, 1988]
Plain-English Summary
Section 801.63 gives a Wisconsin court a tool similar to what other states call forum non conveniens. Any party can move to stay a pending case on the ground that, as a matter of substantial justice, the trial belongs somewhere else. But the moving party has to give something up to get that relief: it must stipulate that it will consent to suit in the alternative forum and waive any statute-of-limitations defense that might have run there since the Wisconsin case began. A stay can be granted even if the case could not have been started in the other forum without that consent.
The motion has to be filed before or with the answer, or before or with the reply if it targets a counterclaim, and the court decides the issue before reaching the merits. In weighing the motion, the court can look at where the parties are subject to personal jurisdiction, the convenience of trial in each forum, differences in the conflict-of-law rules that would apply, and any other circumstance that bears on which forum makes sense for the case.
Once a stay is granted, the court does not lose interest in the case. Its jurisdiction over the parties continues for five years from the last order affecting the stay, during which time it can modify the stay or take further action as justice requires, on motion and notice. If five years pass with no further order, the clerk dismisses the action without notice. Oral argument on these motions can be handled by telephone conference.
Frequently Asked Questions
What does a party have to give up to get a Wisconsin case stayed in favor of another forum?
The moving party must stipulate that it consents to suit in the alternative forum and waive any statute-of-limitations defense that may have run there since the Wisconsin action began.
When does a motion to stay proceedings for a foreign forum have to be filed?
Before or with the answer, unless it targets a counterclaim, in which case it must be filed before or with the reply to that counterclaim.
What factors does the court weigh in deciding whether to grant the stay?
Personal jurisdiction over the parties in each forum, convenience to the parties and witnesses, differences in conflict-of-law rules, and any other circumstance bearing on which forum makes sense for the case.
What happens to a stayed case if nothing else happens for five years?
The court’s jurisdiction over the parties ends, and the clerk of court enters an order dismissing the action without notice.
Can the court change a stay order after it is entered?
Yes. While jurisdiction continues, the court may, on motion and notice to the parties, modify the stay order and take further action as the interests of justice require.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 612 (1975), 758, 777; 1975 c. 218; Stats. 1975 s. 801.63; Sup. Ct. Order, 141 Wis. 2d xiii (1987); Sup. Ct. Order, 151 Wis. 2d xvii (1989).
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 forum non conveniens staystay case for trial in another state wisconsinmotion to stay proceedings foreign forum wisconsinfive year dismissal of a stayed case wisconsinalternative forum stipulation wisconsin