The injunction may be granted at any time before judgment upon its appearing satisfactorily to the court or judge, by the complaint or answer or by affidavit that sufficient grounds exist therefor. A copy of the pleading or affidavit on which granted must be served with the injunction unless previously served. In case of exigency an injunction may be granted and may be served on Sunday or on a legal holiday.
813.04.Same; when granted; Sunday or holiday.
Ch. 813: Injunctions, Ne Exeat and Receivers · Last amended 1975 · Last verified July 15, 2026
In one sentenceSection 813.04 lets a court or judge grant an injunction at any point before judgment once the pleadings or an affidavit satisfactorily show grounds for it, requires serving a copy of the supporting paper with the injunction, and allows granting and serving an injunction even on a Sunday or holiday when the case is urgent.
Full Text of Section 813.04
Plain-English Summary
Section 813.04 fixes the timing and evidentiary basis for granting an injunction. It may be granted at any time before judgment, once it appears to the court’s or judge’s satisfaction, from the complaint, the answer, or an affidavit, that sufficient grounds exist. Whatever pleading or affidavit the injunction rests on must be served along with the injunction itself, unless it was already served earlier in the case.
The section also addresses timing at the other extreme — genuine urgency. In a case of exigency, the injunction may be granted and served even on a Sunday or a legal holiday, when ordinary court business would otherwise wait.
Frequently Asked Questions
How late in a lawsuit can a court grant an injunction?
At any time before judgment, once the court is satisfied that sufficient grounds exist based on the complaint, the answer, or an affidavit.
What evidence does the court need to grant the injunction?
It must appear satisfactorily, from the complaint, answer, or an affidavit, that sufficient grounds exist for it.
Do I have to receive a copy of the paperwork the injunction was based on?
Yes. A copy of the pleading or affidavit the injunction was granted on must be served with the injunction, unless it was already served before.
Can an injunction be served on a Sunday?
Yes. In a case of exigency, section 813.04 allows an injunction to be granted and served on Sunday or a legal holiday.
Does this section say who may ask for an injunction?
No. It addresses when and how an injunction already sought may be granted and served, not who is entitled to request one.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 760 (1975); Stats. 1975 s. 813.04.
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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