(1) MOTION AT CLOSE OF PLAINTIFF’S EVIDENCE. After the plaintiff, in an action tried by the court without a jury, has completed the presentation of his or her evidence, the defendant, without waiving his or her right to offer evidence in the event the motion is not granted, may move for a dismissal on the ground that upon the facts and the law the plaintiff has shown no right to relief. The court as trier of the facts may then determine them and render judgment against the plaintiff on that ground or may decline to render any judgment until the close of all the evidence. If the court renders judgment on the merits against the plaintiff, the court shall make findings as provided in sub. (2). Unless the court in its order for dismissal otherwise specifies, a dismissal under this section operates as an adjudication upon the merits.
805.17.Trial to the court.
Ch. 805: Trials · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 805.17 governs a bench trial, letting a defendant move to dismiss for insufficient proof at the close of the plaintiff’s case, requiring the court to make separate findings of fact and conclusions of law within 60 days, and giving either side 20 days after judgment to move for reconsideration.
Full Text of Section 805.17
(2) EFFECT. In all actions tried upon the facts without a jury or with an advisory jury, the court shall find the ultimate facts and state separately its conclusions of law thereon. The court shall either file its findings and conclusions prior to or concurrent with rendering judgment, state them orally on the record following the close of evidence or set them forth in an opinion or memorandum of decision filed by the court. In granting or refusing interlocutory injunctions the court shall similarly set forth the findings of fact and conclusions of law which constitute the grounds of its action. Requests for findings are not necessary for purposes of review. Findings of fact shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge the credibility of the witnesses. The findings of a referee may be adopted in whole or part as the findings of the court. If an opinion or memorandum of decision is filed, it will be sufficient if the findings of ultimate fact and conclusions of law appear therein. If the court directs a party to submit proposed findings and conclusions, the party shall serve the proposed findings and conclusions on all other parties not later than the time of submission to the court. The findings and conclusions or memorandum of decision shall be made as soon as practicable and in no event more than 60 days after the cause has been submitted in final form.
(3) RECONSIDERATION MOTIONS. Upon its own motion or the motion of a party made not later than 20 days after entry of judgment, the court may amend its findings or conclusions or make additional findings or conclusions and may amend the judgment accordingly. The motion may be made with a motion for a new trial. If the court amends the judgment, the time for initiating an appeal commences upon entry of the amended judgment. If the court denies a motion filed under this subsection, the time for initiating an appeal from the judgment commences when the court denies the motion on the record or when an order denying the motion is entered, whichever occurs first. If within 90 days after entry of judgment the court does not decide a motion filed under this subsection on the record or the judge, or the clerk at the judge’s written direction, does not sign an order denying the motion, the motion is considered denied and the time for initiating an appeal from the judgment commences 90 days after entry of judgment.
(4) APPEAL. In actions tried by the court without a jury, the question of the sufficiency of the evidence to support the findings may be raised on appeal whether or not the party raising the question has objected in the trial court to such findings or moved for new trial.
Official Notes
Judicial Council Committee’s Note, 1976: Sub. (1) is based on the language in Federal Rule 41b, and governs how a court as the trier of the facts handles a motion by a defendant for dismissal after the plaintiff has completed the presentation of his evidence. This adoption of the Federal Rule was the approach taken by the Wisconsin Supreme Court in the case of Household Utilities, Inc. v. Andrews Co., 71 Wis. 2nd 17 (1976). [Re Order effective Jan. 1, 1977]
Judicial Council Note, 1982: Sub. (2) has been amended to allow the filing of the findings and conclusions concurrent with the rendering of the judgment. The changes are intended to eliminate doubts as to the propriety of combining the findings, conclusions and judgment in a single document, simplifying paperwork, minimizing storage space requirements and reducing the likelihood of errors. [Re Order effective July 1, 1982]
Judicial Council Note, 1986: Sub. (2) is amended to permit the court to state the findings of fact and conclusions of law on the record in open court, in lieu of filing them. The amendment conforms to the practice authorized under Rule 52 (a), F.R.C.P. [Re Order eff. 7-1-86]
Judicial Council Note, 1991: This section permits motions for reconsideration to be made within 20 days after entry of judgment in actions tried to the court. Such motions are deemed denied if not decided within 90 days after entry of judgment. [Re Order eff. 7-1-91]
Plain-English Summary
In a trial to the court without a jury, Section 805.17(1) lets the defendant, after the plaintiff finishes presenting evidence, move for dismissal on the ground that the plaintiff has shown no right to relief on the facts and the law, without waiving the right to offer evidence if the motion is not granted. The court, as trier of fact, can decide the motion right away and render judgment against the plaintiff, or wait until all the evidence is in; if it renders judgment on the merits against the plaintiff at that point, it has to make findings as required by Section 805.17(2).
Section 805.17(2) requires the court, in any action tried on the facts without a jury or with an advisory jury, to find the ultimate facts and state its conclusions of law separately, whether filed before or with the judgment, stated orally on the record, or set out in an opinion or memorandum of decision. The same requirement applies to granting or refusing an interlocutory injunction. Findings of fact are not set aside unless clearly erroneous, and the reviewing court gives due regard to the trial court’s opportunity to judge witness credibility. The findings and conclusions, or the memorandum of decision, have to be made as soon as practicable and no later than 60 days after the case is submitted in final form.
After judgment, Section 805.17(3) lets the court, on its own motion or a party’s motion made within 20 days after entry of judgment, amend its findings or conclusions, make additional ones, or amend the judgment accordingly, and that motion can be combined with a motion for a new trial. If the court amends the judgment, the appeal clock starts over from the amended judgment; if the court denies the motion, or does not decide it within 90 days after entry of judgment, the appeal clock runs from the denial or from the 90-day mark. Section 805.17(4) preserves a challenge to the sufficiency of the evidence on appeal regardless of whether the party objected below or moved for a new trial.
Frequently Asked Questions
Can a defendant move to dismiss during a bench trial before presenting any defense evidence?
Yes. After the plaintiff completes presenting evidence in a trial to the court without a jury, the defendant may move for dismissal on the ground that the plaintiff has shown no right to relief, without waiving the right to offer evidence if the motion is not granted.
What must the judge produce when deciding a case without a jury?
Section 805.17(2) requires the court to find the ultimate facts and state its conclusions of law separately, whether filed before or with judgment, stated orally on the record, or set out in an opinion or memorandum of decision.
Is there a deadline for the judge to issue findings and conclusions?
Yes. They must be made as soon as practicable and no more than 60 days after the case has been submitted in final form.
How much deference do a trial court’s findings of fact get on review?
Findings of fact are not set aside unless clearly erroneous, and due regard is given to the trial court’s opportunity to judge the credibility of the witnesses.
Can I ask the court to reconsider its findings after judgment in a bench trial?
Yes. Section 805.17(3) lets the court, on its own motion or a party’s motion made within 20 days after entry of judgment, amend its findings or conclusions, make additional findings or conclusions, and amend the judgment accordingly.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 712 (1975); Sup. Ct. Order, 73 Wis. 2d xxxi (1976); Sup. Ct. Order, 107 Wis. 2d xi (1982); Sup. Ct. Order, 130 Wis. 2d xi (1986); Sup. Ct. Order, 160 Wis. 2d xiii (1991); 1993 a. 486.
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: bench trial wisconsinfindings of fact and conclusions of law wisconsintrial to the court wisconsinmotion for reconsideration wisconsin civil