Wisconsin Motion to Vacate a Judgment

Introduction

Key Things to Know

1. 1

   Wisconsin's relief statute is Wis. Stat. 806.07. On motion and upon such terms as are just, the court may relieve a party from a judgment, order or stipulation for the reasons in 806.07(1): (a) mistake, inadvertence, surprise, or excusable neglect; (b) newly-discovered evidence which entitles a party to a new trial under s. 805.15(3); (c) fraud, misrepresentation, or other misconduct of an adverse party; (d) a void judgment; (e) satisfied, released or discharged; (f) a prior judgment reversed or otherwise vacated; (g) no longer equitable that the judgment should have prospective application; or (h) any other reasons justifying relief. The court decides whether a reason is shown.

2. 2

   Under 806.07(2), the motion must be made within a reasonable time and, if based on (1)(a) or (c), not more than one year after the judgment was entered or the order or stipulation was made. A motion based on newly-discovered evidence which entitles a party to a new trial under s. 805.15(3), ground (1)(b), must be made within the time provided in s. 805.16; ask the clerk or a lawyer what that period is for your case.

3. 3

   For a void judgment under (1)(d), the official annotation to the statute, citing Neylan v. Vorwald (1985), says the reasonable-time requirement of 806.07(2) does not apply to void judgments. Raise a void-judgment claim promptly anyway, and explain why the judgment is void.

4. 4

   To vacate a default judgment under (1)(a), the official annotation says the moving party must set forth a meritorious defense, which is a defense good at law that would survive a motion for judgment on the pleadings. For a default judgment, also see /legal-document/set-aside-default/wisconsin.

5. 5

   Filing does not by itself stop enforcement. Under 806.07(2), a motion under the section does not affect the finality of a judgment or suspend its operation. If you need collection paused while the motion is pending, ask the court for a stay in writing.

6. 6

   Small claims has its own route. Under Wis. Stat. 799.29(1), there is no appeal from default judgments, but the court may reopen one on notice and motion or petition and good cause shown. Notice of motion must be made within 20 days after entry of judgment in ordinance violation cases, and within 12 months after entry in other chapter 799 actions unless venue was improper; where venue was improper, the court shall order reopening on a motion made within one year after entry. The official annotation says 799.29(1) is the exclusive procedure for reopening a small claims default judgment. Eviction actions are brought under the same chapter (s. 799.40).

7. 7

   Section 806.07(2) preserves an independent action and relief for fraud on the court, and the official annotation says only laches applies to the timing of an independent action.

Wisconsin Requirements for Motion to Vacate

• Listed Reasons

  Wis. Stat. 806.07(1)(a)-(h): mistake or excusable neglect; newly-discovered evidence which entitles a party to a new trial under s. 805.15(3); fraud or misconduct; a void judgment; satisfied, released or discharged; prior judgment reversed; no longer equitable; or any other reasons justifying relief.

• Time Limits

  Wis. Stat. 806.07(2): within a reasonable time and, for (1)(a) or (c), not more than one year after the judgment was entered or the order or stipulation was made. A (1)(b) motion follows the time in s. 805.16.

• Void Judgments

  Official annotation to 806.07 (Neylan v. Vorwald, 1985): the reasonable-time requirement of sub. (2) does not apply to void judgments.

• Meritorious Defense for Defaults

  Official annotation to 806.07: to vacate a default judgment under (1)(a), the moving party must set forth a meritorious defense good at law that would survive a motion for judgment on the pleadings.

• No Automatic Stay

  Wis. Stat. 806.07(2): a motion under the section does not affect the finality of a judgment or suspend its operation. Ask the court for a stay separately.

• Small Claims Reopening

  Wis. Stat. 799.29(1): no appeal from default judgments; reopening on notice, motion and good cause. Notice of motion within 20 days after entry in ordinance violation cases and 12 months in other actions unless venue was improper; improper venue: reopening ordered on motion within one year.

• Reason and Timeliness Statement

  Name the 806.07(1) paragraph relied on, the facts supporting it, the date the judgment was entered, and why the motion meets the time limit for that reason.