Except as otherwise provided in chs. 840 to 846, the general rules of practice and procedure in chs. 750 to 758 and 801 to 847 shall apply to actions and proceedings under chs. 840 to 846.
840.02.Chapters applicable.
Ch. 840: Real Property Actions; General Provisions · Last amended 1981 · Last verified July 15, 2026
In one sentenceSection 840.02 makes Wisconsin’s general civil practice and procedure rules apply to real property actions under chapters 840 to 846, except where those chapters set a different procedure of their own.
Full Text of Section 840.02
Plain-English Summary
Section 840.02 keeps chapters 840 to 846 from having to reinvent ordinary civil procedure. Except as those chapters otherwise provide, the general rules of practice and procedure in chapters 750 to 758 and 801 to 847 govern actions and proceedings brought under chapters 840 to 846.
The practical effect is a division of labor. Chapters 840 to 846 supply the special remedies and procedures particular to real property litigation, like lis pendens filing, declarations of interest, and partition. Everything else, including pleading, discovery, and how judgments are generally entered, follows the standard civil procedure rules unless a specific provision elsewhere in chapters 840 to 846 says otherwise.
Frequently Asked Questions
Do Wisconsin’s regular civil procedure rules apply to a real property action under chapter 841?
Yes. Section 840.02 applies chapters 750 to 758 and 801 to 847 to actions under chapters 840 to 846, except as those chapters otherwise provide.
What happens when chapters 840 to 846 set a different rule than the general procedure?
The specific provision in those chapters controls, since section 840.02 applies the general rules only except as otherwise provided.
Which chapters supply the general procedural rules referenced here?
Chapters 750 to 758 and 801 to 847.
Does section 840.02 create any remedies on its own?
No. It applies general procedure to actions under chapters 840 to 846; the remedies themselves come from other sections, such as section 840.03.
Does this section apply to a partition action under chapter 842?
Yes. Chapter 842 falls within chapters 840 to 846, so the general rules apply to it except as chapter 842 otherwise provides.
Amendment History
History: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767, 782 (1975); Stats. 1975 s. 840.02; 1979 c. 89; 1981 c. 314.
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 general procedure real property actionswhich rules apply chapters 840 to 846civil procedure for real property actions wisconsindefault rules real property litigation wisconsin