(1) Unless otherwise ordered by the court, an interlocutory or final judgment in an action for an injunction or in a receivership action shall not be stayed during the period after its entry and until an appeal is taken or during the pendency of an appeal. Subsection (3) governs the suspending, modifying, restoring, or granting of an injunction during the pendency of an appeal.
806.08.Stay of proceedings to enforce a judgment.
Ch. 806: Judgment · Last amended 1979 · Last verified July 15, 2026
In one sentenceSection 806.08 governs when a trial court can pause enforcement of a judgment, declining to automatically stay injunctions or receiverships unless the court orders otherwise, while allowing a discretionary stay, on security terms, while a new-trial, alter-or-amend, or relief-from-judgment motion is pending.
Full Text of Section 806.08
(2) In its discretion and on such conditions for the security of the adverse party as are proper, the court may stay the execution of or any proceedings to enforce a judgment pending the disposition of a motion for a new trial, or to alter or amend a judgment, or of a motion for relief from a judgment or order.
(3) When an appeal is taken from an interlocutory or final judgment or appealable order granting, dissolving or denying an injunction, the court in its discretion may suspend, modify, restore, or grant an injunction during the pendency of the appeal upon such terms as to bond or otherwise as it considers proper for the security of the rights of the adverse party.
(5) This section does not limit any power of an appellate court or of a judge or justice thereof to stay proceedings during the pendency of an appeal or to suspend, modify, restore, or grant an injunction during the pendency of an appeal or to make any order appropriate to preserve the existing state of affairs or the effectiveness of the judgment subsequently to be entered.
(6) When a court has rendered a final judgment under the conditions stated in s. 806.01 (2), the court may stay enforcement of that judgment until the entering of a subsequent judgment or judgments and may prescribe such conditions as are necessary to secure the benefit thereof to the party in whose favor the judgment is entered.
Plain-English Summary
For judgments in injunction and receivership actions, Section 806.08 sets a default against automatic delay: unless the court orders otherwise, the judgment is not stayed during the period after entry and until an appeal is taken, or while an appeal is pending. A separate part of the section governs suspending, modifying, restoring, or granting an injunction specifically while an appeal is pending.
Outside that default, the court has general discretion to stay execution of, or proceedings to enforce, a judgment while a motion for a new trial, a motion to alter or amend the judgment, or a motion for relief from a judgment or order is pending, on whatever conditions for the adverse party’s security the court finds proper.
When an appeal is taken from a judgment or appealable order that grants, dissolves, or denies an injunction, the court may, in its discretion, suspend, modify, restore, or grant the injunction during the appeal, on bond or other terms it considers proper to protect the adverse party’s rights. An appellant may also seek a stay under the general appellate stay statute, and nothing in this section limits an appellate court’s or judge’s own power to stay proceedings, preserve the status quo, or adjust an injunction while an appeal is pending.
Finally, when a trial court has rendered a final judgment under the conditions that allow judgment on fewer than all claims or parties, it may stay enforcement of that judgment until later judgments are entered, and may set whatever conditions are necessary to secure the benefit of the judgment for the prevailing party in the meantime.
Frequently Asked Questions
Is a judgment automatically stayed while I appeal in Wisconsin?
Not always. Interlocutory or final judgments in injunction and receivership actions are not stayed during the period after entry or during an appeal unless the court orders otherwise. For other judgments, an appellant can seek a stay under the general appellate stay statute.
Can I get a stay while my motion for a new trial is pending?
Yes. Section 806.08 lets the court, in its discretion and on conditions for the adverse party’s security, stay execution of or proceedings to enforce a judgment while a motion for a new trial, to alter or amend the judgment, or for relief from a judgment or order is pending.
What happens to an injunction while an appeal from it is pending?
The court may, in its discretion, suspend, modify, restore, or grant the injunction during the pendency of the appeal, on bond or other terms proper for the adverse party’s security.
Does this section limit the court of appeals’ own power to issue a stay?
No. Section 806.08 states that it does not limit any power of an appellate court or a judge of it to stay proceedings, suspend or modify an injunction, or make any order appropriate to preserve the existing state of affairs during an appeal.
Can a court stay enforcement when it has entered judgment on some but not all claims?
Yes. When a court has rendered a final judgment under the conditions allowing judgment on part of a case, it may stay enforcement of that judgment until subsequent judgments are entered, setting conditions necessary to secure its benefit for the prevailing party.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 726 (1975); Sup. Ct. Order, 67 Wis. 2d vii (1975); 1977 c. 187 s. 135; 1979 c. 110 s. 60 (9).
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 stay of judgment pending appeal806.08 stay execution wisconsinstay injunction pending appeal wisconsinstay enforcement new trial motion wisconsin