(1) Motions after verdict shall be filed and served within 20 days after the verdict is rendered, unless the court, within 20 days after the verdict is rendered, sets a longer time by an order specifying the dates for filing motions, briefs or other documents.
805.16.Time for motions after verdict.
Ch. 805: Trials · Last amended 2001 · Last verified July 15, 2026
In one sentenceSection 805.16 sets strict deadlines for filing, hearing, and deciding motions after a verdict: 20 days to file, a hearing between 10 and 60 days after the verdict, and a 90-day outer limit before an undecided motion is deemed denied and judgment enters on the verdict.
Full Text of Section 805.16
(3) If within 90 days after the verdict is rendered the court does not decide a motion after verdict on the record or the judge, or the clerk at the judge’s written direction, does not sign an order deciding the motion, the motion is considered denied and judgment shall be entered on the verdict.
(4) Notwithstanding sub. (1), a motion for a new trial based on newly discovered evidence may be made at any time within one year after verdict. Unless an order granting or denying the motion is entered within 90 days after the motion is made, it shall be deemed denied.
(5) The time limits in this section for filing motions do not apply to a motion for a new trial based on newly discovered evidence that is brought under s. 974.06.
Official Notes
Judicial Council Note, 1984: The requirement that the judge set dates for filing and hearing motions after verdict is repealed in favor of a time limit for such motions. The prior rule encouraged frivolous motions and caused unnecessary hearings. [Re Order effective July 1, 1984]
Judicial Council Note, 1986: Sub. (1) specifies that the trial court may allow more than 20 days for motions after verdict to be filed, if a schedule for the filing of motions and supporting materials is ordered within that time. Sub. (2) clarifies that the time for hearing motions after verdict may be enlarged upon motion and good cause shown. However, any such enlargement does not affect the requirement that the motion be decided within 90 days after the verdict is rendered. See sub. (3) and s. 801.15 (2) (c), Stats. Sub. (4) is revised to require that a motion for new trial based on newly discovered evidence be decided within 90 days after it is made. The prior statute required such motions to be decided within 30 days after hearing, but did not require the hearing to be held within any specified time. [Re Order eff. 7-1-87]
Judicial Council Note, 1991: Sub. (3) is rewritten to clarify that if a motion after verdict is granted within 90 days, it will not be deemed denied merely because such order is not entered within 90 days after verdict. [Re Order eff. 7-1-91]
Plain-English Summary
Wisconsin keeps post-verdict motions on a tight clock. Section 805.16(1) requires motions after verdict to be filed and served within 20 days after the verdict is rendered, unless the court, within that same 20 days, sets a longer time by an order specifying dates for filing motions, briefs, or other documents. Section 805.16(2) requires the hearing on those motions to happen not less than 10 nor more than 60 days after the verdict, unless that window is enlarged under Section 801.15(2)(a).
Section 805.16(3) backstops the whole process: if the court does not decide a motion after verdict on the record, and no order deciding it is signed, within 90 days after the verdict, the motion is considered denied and judgment is entered on the verdict. Newly discovered evidence gets a longer runway under Section 805.16(4): a new trial motion on that basis can be made at any time within one year after the verdict, though it is deemed denied if no order granting or denying it is entered within 90 days after the motion is made. Section 805.16(5) exempts a newly discovered evidence motion brought under Section 974.06 from all of these time limits.
Frequently Asked Questions
How long do I have to file a motion after the jury returns its verdict?
20 days after the verdict is rendered, unless the court, within that same 20 days, sets a longer time by an order specifying dates for filing motions, briefs, or other documents.
When must a hearing on a motion after verdict be held?
Not less than 10 nor more than 60 days after the verdict is rendered, unless that time is enlarged under Section 801.15(2)(a).
What happens if the court does not rule on my motion after verdict within 90 days?
The motion is considered denied, and judgment is entered on the verdict.
Is there a longer deadline for a new trial motion based on newly discovered evidence?
Yes. Section 805.16(4) allows that motion to be made within one year after the verdict, though it is deemed denied if no order is entered within 90 days after the motion is made.
Do these deadlines apply to a newly discovered evidence motion brought under Section 974.06?
No. Section 805.16(5) says the time limits in this section do not apply to a motion for a new trial based on newly discovered evidence brought under Section 974.06.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 711 (1975); Sup. Ct. Order, 118 Wis. 2d xiii (1984); Sup. Ct. Order, 136 Wis. 2d xxv (1987); Sup. Ct. Order 160 Wis. 2d xiii (1991); 2001 a. 16.
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: motions after verdict deadline wisconsin90 day deadline wisconsin post trial motionnewly discovered evidence one year deadline wisconsintime limit post trial motions wisconsin