Upon an assessment of the damages caused by an injunction the defendant may be required to serve upon the plaintiff and the plaintiff’s sureties, within such time and in such manner as the court or referee shall direct, a bill of particulars. The plaintiff or the sureties may within 10 days after such service offer in writing to permit the court or referee to assess the defendant’s damages at a specified sum together with the costs of such proceeding incurred up to the time of such offer. If such offer be not accepted in writing within 5 days after it is made, it shall be considered withdrawn, and cannot be given in evidence. If the defendant fails to obtain a more favorable assessment of damages, the de- fendant cannot recover costs, but must pay the costs of the opposite party from the time of the offer.
813.07.Assessment of damages; bill of particulars; costs.
Ch. 813: Injunctions, Ne Exeat and Receivers · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 813.07 lays out how a defendant proves the damages an injunction caused, including a bill of particulars, a settlement-style offer from the plaintiff or sureties, and cost-shifting if the defendant fails to beat that offer.
Full Text of Section 813.07
Plain-English Summary
When it comes time to assess the damages an injunction caused, section 813.07 gives the process real structure. The defendant may be required to serve on the plaintiff and the plaintiff’s sureties, within whatever time and manner the court or referee directs, a bill of particulars detailing those damages.
Once that bill is served, the plaintiff or the sureties have ten days to make a written offer permitting the court or referee to assess the defendant’s damages at a specified sum, along with the costs incurred up to that point. If the defendant does not accept that offer in writing within five days, it is considered withdrawn and cannot later be used as evidence. And there is a real incentive to take a good offer seriously: if the defendant fails to obtain a more favorable damages assessment than what was offered, the defendant cannot recover costs at all, and must instead pay the opposing party’s costs from the time of the offer forward.
Frequently Asked Questions
What do I have to do to prove the damages an injunction caused me?
Serve a bill of particulars on the plaintiff and the plaintiff’s sureties, within the time and manner the court or referee directs.
Can the plaintiff try to settle the damages claim before trial?
Yes. Within ten days after the bill of particulars is served, the plaintiff or sureties may offer in writing to let the court or referee assess damages at a specified sum plus costs incurred to that point.
What happens if I do not accept the settlement offer in time?
If it is not accepted in writing within five days, the offer is considered withdrawn and cannot be introduced as evidence later.
What if I end up recovering less than the offer after the assessment?
You cannot recover your own costs, and you must instead pay the opposing party’s costs from the time the offer was made.
Who assesses the damages caused by the injunction?
The court or a referee, following the bill of particulars and any offer process under section 813.07.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 760 (1975); Stats. 1975 s. 813.07; 1993 a. 486.
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 damages bill of particularssettlement offer injunction damages wisconsinwisconsin injunction wrongful damages assessment813.07 wisconsin injunction costs