RulesofCivilProcedure.com Civil Procedure · Every State

842.13.Report may be set aside.

Ch. 842: Partition of Interest in Real Property · Last amended 1975 · Last verified July 15, 2026

In one sentenceSection 842.13 lets the court, on good cause shown, set aside a referee’s report and refer the case to a new referee, who must proceed under the same procedure already laid out for the first one.

Full Text of Section 842.13

Text size

On good cause shown the court may set aside the report and refer the case to a new referee, who shall proceed as hereinbefore directed.

Plain-English Summary

A referee’s report is not the end of the line if something has gone wrong with it. Section 842.13 gives the court authority, on good cause shown, to set the report aside. That decision does not end the referee process; instead, the court refers the case to a new referee.

The new referee is not starting from a blank procedural slate. Section 842.13 requires the new referee to proceed as hereinbefore directed, meaning the same steps the chapter already lays out for a referee’s investigation and report apply again, this time to whoever is newly appointed.

Frequently Asked Questions

Can a referee’s report in a partition case be challenged?

The court may set the report aside on good cause shown, under section 842.13.

What happens after a report is set aside?

The court refers the case to a new referee.

Does the new referee follow a different procedure than the first one?

No. Section 842.13 requires the new referee to proceed as hereinbefore directed, meaning the same procedure already set out in the chapter.

What standard must be met to set aside a referee’s report?

Good cause shown, as stated in section 842.13.

Who decides whether to set aside the report and appoint a new referee?

The court.

Amendment History

History: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 842.13.

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: setting aside a partition referee report wisconsingood cause new referee partition wisconsinchallenging a referee report in partition casereplacing a partition referee wisconsin