813.01.Order substituted for injunction.
Ch. 813: Injunctions, Ne Exeat and Receivers · Last amended 1975 · Last verified July 15, 2026
Full Text of Section 813.01
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.