Wisconsin Code § 799.205

Substitution of judge
Open in Lexace · Ask the AI about this section
(1) Any party to a small
claims action or proceeding may file a written request with the
clerk of courts for a substitution of a new judge for the judge assigned to the case. The written request shall be filed on the return
date of the summons or within 10 days after the case is scheduled
for trial. If a new judge is assigned to the trial of a case, a request
for substitution must be made within 10 days of receipt of notice
of assignment, provided that if the notice of assignment is received less than 10 days prior to trial, the request for substitution
must be made within 24 hours of receipt of the notice and provided that if notification is received less than 24 hours prior to
trial, the action shall proceed to trial only upon stipulation of the
parties that the assigned judge may preside at the trial of the action. Upon filing the written request, the filing party shall forthwith mail a copy thereof to all parties to the action and to the original judge.
(2) After the written request has been filed, the original judge
shall have no further jurisdiction in the action or proceeding except to determine if the request is correct as to form and timely
filed. If no determination is made within 7 days, the clerk shall
refer the matter to the chief judge for the determination and reassignment of the action as necessary. If the request is correct as to
form and timely filed, the named judge shall be disqualified and
shall promptly request assignment of another judge under s.
751.03.
(3) Except as provided in sub. (4), no party is entitled to file
more than one such written request in any one action, and any
single such request shall not name more than one judge. For purposes of this subsection, parties united in interest and pleading together shall be considered as a single party, but the consent of all
such parties is not needed for the filing by one such party of a
written request.
(4) If upon an appeal from a judgment or order or upon a writ
of error the appellate court orders a new trial or reverses or modifies the judgment or order as to any or all of the parties in a manner such that further proceedings in the trial court are necessary,
any party may file a request under sub. (1) within 20 days after
the entry of the judgment or decision of the appellate court
whether or not another request was filed prior to the time the appeal or writ of error was taken.

‹ Prev All Wisconsin sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.