Except as provided in s. 807.13 or when the parties stipulate otherwise and the court approves, motions in actions or proceedings in the circuit court must be heard within the circuit where the action is triable. Orders out of court, not requiring notice, may be made by the presiding judge of the court in any part of the state. No order to stay proceedings after a verdict, report or finding in any circuit court may be made by a circuit or supplemental court commissioner. No stay of proceedings for more than 20 days may be granted except upon previous notice to the adverse party.
807.02.Motions, where heard; stay of proceedings.
Ch. 807: Miscellaneous Provisions · Last amended 2001 · Last verified July 15, 2026
In one sentenceSection 807.02 requires motions to be heard within the circuit where the action is triable unless a telephone hearing or a stipulation applies, and it limits a court commissioner’s power to stay proceedings after a verdict or beyond 20 days without notice.
Full Text of Section 807.02
Official Notes
Judicial Council Note, 1988: The section is amended to except telephone hearings on motions from the requirement that motions be heard in the circuit where the action is triable. The amendment also permits the court to hear motions elsewhere upon stipulation of the parties. [Re Order effective Jan. 1, 1988]
Plain-English Summary
Section 807.02 sets venue and notice rules for motions and stays in circuit court proceedings. Except as provided in Section 807.13 or when the parties stipulate otherwise and the court approves, motions must be heard within the circuit where the action is triable. Orders that do not require notice may be made by the presiding judge from any part of the state, without regard to that venue limit.
The section also restricts who can stay a case and for how long. No order to stay proceedings after a verdict, report, or finding may be made by a circuit or supplemental court commissioner. And no stay of proceedings for more than 20 days may be granted at all unless the adverse party has received previous notice.
Frequently Asked Questions
Does my motion have to be heard in the county where my case is pending?
Generally, yes. Section 807.02 requires motions to be heard within the circuit where the action is triable, except as provided in Section 807.13 or when the parties stipulate otherwise and the court approves.
Can a judge sign a no-notice order from a different part of the state?
Yes. Section 807.02 lets orders out of court that do not require notice be made by the presiding judge in any part of the state.
Can a court commissioner stay proceedings after a verdict has come in?
No. Section 807.02 states that no order to stay proceedings after a verdict, report, or finding may be made by a circuit or supplemental court commissioner.
Is there a limit on how long a stay of proceedings can last without notifying the other side?
Yes. Section 807.02 bars any stay of proceedings for more than 20 days except upon previous notice to the adverse party.
Can the parties agree to have a motion heard somewhere other than the circuit where the case is pending?
Yes. Section 807.02 allows that when the parties stipulate otherwise and the court approves.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 742 (1975); 1977 c. 449; Sup. Ct. Order, 141 Wis. 2d xiii (1987); 2001 a. 61.
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 where motions must be heardcircuit court motion venue wisconsinstay of proceedings 20 days wisconsincourt commissioner stay verdict wisconsin