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813.01.Order substituted for injunction.

Ch. 813: Injunctions, Ne Exeat and Receivers · Last amended 1975 · Last verified July 15, 2026

In one sentenceSection 813.01 abolishes the old writ of injunction and replaces it with a court order, which can serve either as the final judgment in a case or as a provisional remedy while the case is still pending.

Full Text of Section 813.01

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The writ of injunction is abolished. An injunction may be the final judgment in the action or may be allowed as a provisional remedy therein; and when so allowed it shall be by order as prescribed by this chapter.

Plain-English Summary

Section 813.01 opens chapter 813 by clearing away an older procedural form. The writ of injunction, once its own distinct legal instrument, is abolished. In its place, an injunction is issued as an order under the procedures this chapter prescribes.

The section also describes the two roles an injunction can play. It can be the final judgment that resolves the action, granting the injunctive relief a party sought all along. Or it can be allowed earlier, as a provisional remedy that operates while the litigation is still working its way toward a final resolution. Either way, the mechanism is the same: a court order, not a separate writ.

Frequently Asked Questions

Does Wisconsin still issue writs of injunction?

No. Section 813.01 abolishes the writ of injunction.

What replaced the writ of injunction in Wisconsin?

A court order issued under the procedures set out in chapter 813.

Can an injunction be the final result of a lawsuit?

Yes. Section 813.01 allows an injunction to be the final judgment in the action.

Can a court grant injunctive relief before the case is fully resolved?

Yes. Section 813.01 allows an injunction to be allowed as a provisional remedy while the action is still pending.

What form does a provisional injunction take under this section?

It is issued by order, as prescribed by chapter 813, rather than as a separate writ.

Amendment History

History: Sup. Ct. Order, 67 Wis. 2d 585, 760 (1975); Stats. 1975 s. 813.01.

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 writ of injunction abolishedinjunction as court order wisconsinprovisional injunction wisconsinfinal judgment injunction wisconsin