The court or judge may, before granting the injunction, make an order requiring cause to be shown why the injunction should not be granted, and the defendant may in the meantime be restrained.
813.08.Injunction, defendant may be heard before enjoined.
Ch. 813: Injunctions, Ne Exeat and Receivers · Last amended 1975 · Last verified July 15, 2026
In one sentenceSection 813.08 lets a court require the party facing an injunction to show cause why it should not issue, while allowing that party to be restrained in the meantime.
Full Text of Section 813.08
Plain-English Summary
Before granting an injunction, section 813.08 gives the court a middle path between acting immediately and holding a full hearing on notice. The court or judge may order the party to be enjoined to show cause why the injunction should not be granted, giving that party a chance to argue against it before it takes effect.
That opportunity to be heard does not mean the party facing the injunction goes unrestrained while the show-cause process plays out. Section 813.08 allows the defendant to be restrained in the meantime, so the status quo can be preserved until the court rules.
Frequently Asked Questions
Can I argue against an injunction before it is granted?
Yes. The court or judge may order the party to be enjoined to show cause why the injunction should not be granted.
Can I still be restrained while that show-cause hearing is pending?
Yes. Section 813.08 allows the defendant to be restrained in the meantime.
Is a show-cause hearing required before every injunction under this section?
No. The section says the court may order cause to be shown, which makes the procedure discretionary rather than mandatory.
What is the point of ordering cause to be shown?
It gives the party facing the injunction a chance to argue against it before the court decides whether to grant it.
Does this section connect to the notice requirement described elsewhere in the chapter?
Yes. It works alongside the order-to-show-cause option referenced in section 813.05.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 760 (1975); Stats. 1975 s. 813.08.
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 show cause injunction hearingdefendant heard before injunction wisconsinorder to show cause wisconsin injunction813.08 wisconsin injunction