(1) An injunction shall not be allowed after the defendant shall have answered, unless upon notice or upon an order to show cause; but in such case the defendant may be restrained until the decision of the court or judge granting or refusing the injunction.
813.05.Notice required.
Ch. 813: Injunctions, Ne Exeat and Receivers · Last amended 1975 · Last verified July 15, 2026
In one sentenceSection 813.05 bars a court from granting an injunction after the defendant has answered unless there was notice or an order to show cause, though the defendant can be restrained in the meantime, and it requires notifying the insurance commissioner whenever an injunction or receiver is sought against an insurer or fraternal benefit society.
Full Text of Section 813.05
(2) In an action against an insurance company or fraternal benefit society for an injunction or a receiver the commissioner of insurance shall be notified. Mailing a copy of such notice addressed to the commissioner of insurance at Madison, Wisconsin, shall be sufficient service.
Plain-English Summary
Once a defendant has answered a complaint, section 813.05 puts a check on granting an injunction without warning. An injunction is not allowed after the answer unless it is sought upon notice or upon an order to show cause. The defendant is not left completely exposed in the meantime, though — nor completely protected: the defendant may be restrained until the court or judge decides whether to grant or refuse the injunction.
The section adds a separate notice rule for insurance-related cases. In an action against an insurance company or a fraternal benefit society seeking an injunction or a receiver, the commissioner of insurance must be notified. Mailing a copy of that notice to the commissioner of insurance at Madison, Wisconsin, is sufficient service.
Frequently Asked Questions
Can a court grant an injunction against me after I have already answered the complaint, without any notice?
No. Section 813.05 bars an injunction after the answer unless it is sought upon notice or upon an order to show cause.
Can I be restrained while the court decides whether to grant that injunction?
Yes. The section allows the defendant to be restrained until the court or judge grants or refuses the injunction.
What happens if the lawsuit seeks an injunction or receiver against an insurance company?
The commissioner of insurance must be notified of the action.
How is the insurance commissioner notified?
Mailing a copy of the notice addressed to the commissioner of insurance at Madison, Wisconsin, is sufficient service.
Does this notice requirement extend to fraternal benefit societies as well as insurance companies?
Yes. An action against a fraternal benefit society for an injunction or receiver also requires notice to the commissioner of insurance.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 760 (1975); Stats. 1975 s. 813.05.
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 injunction notice requirement after answerinsurance commissioner notice injunction wisconsinorder to show cause injunction wisconsinwisconsin receiver action insurance company notice