813.02.Temporary injunction; when granted.

Ch. 813: Injunctions, Ne Exeat and Receivers · Last amended 1997 · Last verified July 15, 2026

In one sentenceSection 813.02 lets a court grant a temporary injunction to stop a party from doing something that would injure the other side’s rights or make an eventual judgment meaningless, and it lays out special telephone-conference, prisoner-litigation, waste, and venue rules for that relief.

Full Text of Section 813.02

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(1)

(a) When it appears from a party’s pleading that the party is entitled to judgment and any part thereof consists in restraining some act, the commission or continuance of which during the litigation would injure the party, or when during the litigation it shall appear that a party is doing or threatens or is about to do, or is procuring or suffering some act to be done in violation of the rights of another party and tending to render the judgment ineffectual, a temporary injunction may be granted to restrain such act.

(b) Prior to granting a temporary injunction or temporary restraining order, the court may attempt to contact the party sought to be restrained, or his or her counsel if known, by telephone and allow all parties to be heard on the equities between the parties, the availability of other remedies, the damages which may be sustained if the temporary injunction or restraining order is granted, and other relevant matters.

(c) If the court determines that a temporary injunction may be granted under par. (a) to a prisoner, as defined in s. 801.02 (7) (a) 2., in any action or special proceeding with respect to prison or jail conditions, as defined in s. 801.02 (7) (a) 3., the following apply:

1. The court may not issue the injunction until giving notice and an opportunity to be heard on the request for a preliminary injunction to the attorney general, if the case involves a prisoner in a state correctional institution, as defined in s. 801.02 (7) (a) 1., or to the attorney representing the local correctional institution involved and to all other interested parties. Any injunction issued without giving notice and an opportunity to be heard is void.

2. Any temporary injunction issued shall meet the requirements in s. 813.40 (1) (b). When determining what to require in the temporary injunction, the court shall give substantial weight to any adverse impact on public safety or on the operation of the facility involved in the action or special proceeding caused by the temporary injunction.

3. Any temporary injunction issued under this paragraph shall expire no later than 90 days after the day the temporary injunction is issued unless the court makes a finding that the requirements under s. 813.40 (1) (b) are met and makes the order final before the expiration of the 90-day period.

(2) If, after the commencement of any action for waste or to restrain waste, or any action for the recovery of land or the possession or partition thereof or after any real estate has been levied upon by execution, any party to such action or execution shall commit waste or shall threaten or make preparations to commit waste upon the lands, tenements, or anything appertaining thereto, that party may be restrained by injunction from committing any waste or further waste thereto. Such injunction may be issued in any of said actions or in cases of the levy above mentioned by the court from which the execution issued.

(4) No temporary restraining order or injunction shall be issued by any judge or court in any action where it does not appear that the county where the application for such temporary restraining order or injunction is made is within the judicial circuit in which is located the county that is the proper place of trial of the action, and no temporary restraining order or injunction shall issue unless the residence of each defendant is stated if known. Any temporary restraining order or injunction issued in violation of this subsection shall be void.

End

Official Notes

Judicial Council Note, 1988: Sub. (1) (b) [created] allows the court to attempt to hold a telephone conference prior to granting a temporary injunction or temporary restraining order. The telephone conference procedure minimizes the risk of an improvident injunction and aids the court in fixing a realistic security. [Re Order effective Jan. 1, 1988]

Plain-English Summary

Section 813.02 supplies the basic standard for a temporary injunction. A court may grant one when a party’s pleading shows entitlement to a judgment that includes restraining some act whose commission or continuance during the litigation would cause injury, or when it appears during the litigation that a party is doing, threatening, or procuring some act that violates another party’s rights and would tend to make a favorable judgment worthless. Before granting that relief, the court may try to reach the party sought to be restrained, or that party’s counsel, by phone, and hear from all parties on the equities, the availability of other remedies, potential damages, and other relevant matters.

The section adds a distinct set of protections for prisoner litigation over prison or jail conditions. Before issuing that kind of injunction, the court must give notice and a chance to be heard to the attorney general, if a state correctional institution is involved, or to the attorney representing the local institution, along with other interested parties — an injunction issued without that notice is void. Any such injunction must meet the requirements of section 813.40 (1) (b), the court must give substantial weight to any adverse impact on public safety or facility operations, and the injunction expires no later than 90 days after issuance unless the court makes the required finding and makes the order final before that period runs out.

Outside the prisoner-litigation context, section 813.02 also addresses waste. After a waste action, an action to recover or partition land, or an execution levy on real estate, a party who commits waste or threatens or prepares to commit it may be restrained by injunction, issued either in that action or, in the levy situation, by the court from which the execution issued.

Finally, the section fixes a venue rule with teeth. No temporary restraining order or injunction may issue unless the application is made in a county within the judicial circuit where the case properly belongs for trial, and unless each defendant’s residence is stated, if known. A temporary restraining order or injunction issued in violation of that requirement is void.

Frequently Asked Questions

When can a Wisconsin court issue a temporary injunction under this section?

When a party’s pleading shows entitlement to judgment restraining an injurious act, or when a party is doing, threatening, or procuring an act that violates another party’s rights and would tend to render an eventual judgment ineffectual.

Can the court talk to the person I want restrained before deciding whether to grant the injunction?

Yes. The court may attempt to contact that party, or the party’s counsel if known, by telephone and hear from all parties on the equities, other available remedies, and potential damages before granting the injunction.

Are there special rules for lawsuits over prison or jail conditions?

Yes. The court must give notice and a hearing opportunity to the attorney general or the institution’s attorney before issuing that kind of injunction, and the injunction generally expires no later than 90 days after issuance unless the court makes it final.

Can a court stop someone from committing waste on land while a lawsuit is pending?

Yes. In a waste action, a land recovery or partition action, or after a levy by execution, a party who commits or threatens to commit waste may be restrained by injunction.

What happens if a temporary injunction is issued in the wrong county?

It is void. The application must be made in a county within the judicial circuit where the case properly belongs for trial, and each defendant’s residence must be stated if known.

Amendment History

History: Sup. Ct. Order, 67 Wis. 2d 760; Stats. 1975 s. 813.02; Sup. Ct. Order, 141 Wis. 2d xiii (1987); 1993 a. 112, 486; 1995 a. 400; 1997 a. 133.

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

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