An order made out of court without notice may be vacated or modified without notice by the judge who made it. An order made upon notice shall not be modified or vacated except by the court upon notice, but the presiding judge may suspend the order, in whole or in part, during the pendency of a motion to the court to modify or vacate the order.
807.03.Orders, how vacated and modified.
Ch. 807: Miscellaneous Provisions · Last amended 1975 · Last verified July 15, 2026
In one sentenceSection 807.03 lets the judge who issued a no-notice order vacate or modify it without notice, but requires notice to change an order that was itself made upon notice, though the presiding judge may suspend that order while a motion to modify or vacate it is pending.
Full Text of Section 807.03
Plain-English Summary
Section 807.03 governs how orders get undone or changed. An order made out of court without notice may be vacated or modified without notice by the judge who made it, keeping the same low-friction process that produced the order in the first place.
An order made upon notice gets more protection. It shall not be modified or vacated except by the court upon notice, so the parties get the same chance to be heard on a change that they had on the original order. The presiding judge does retain one tool in the meantime: the judge may suspend the order, in whole or in part, while a motion to modify or vacate it is pending before the court.
Frequently Asked Questions
If a judge issued an order without notifying me, can that judge later change it without notice too?
Yes. Section 807.03 says an order made out of court without notice may be vacated or modified without notice by the judge who made it.
Can an order that was made upon notice be changed without notifying the parties?
No. Section 807.03 states it shall not be modified or vacated except by the court upon notice.
Can a judge pause an order while a motion to vacate or modify it is pending?
Yes. Section 807.03 lets the presiding judge suspend the order, in whole or in part, during the pendency of a motion to modify or vacate it.
Who has authority to vacate a no-notice order without giving notice?
The judge who made the order. Section 807.03 limits that no-notice power to that same judge, while an order made upon notice requires the court to act upon notice to change it.
Can an order be suspended only in part rather than entirely?
Yes. Section 807.03 allows the presiding judge to suspend the order in whole or in part.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 743 (1975).
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 vacating a court ordermodifying an order without notice wisconsinsuspending an order pending a motion wisconsin