Wisconsin Statutes
Wis. Stat. § 775.01 (2026)
Actions against state; bond
✓ current as of July 2026
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775.01(1)(1) Except as provided in sub. (2), upon the refusal of the legislature to allow a claim against the state, the claimant may commence an action against the state by service as provided in s. 801.11 (3) and by filing with the clerk of court a bond, not exceeding $1,000, with 2 or more sureties, to be approved by the attorney general, to the effect that the claimant will indemnify the state against all costs that may accrue in such action and pay to the clerk of court all costs, in case the claimant fails to obtain judgment against the state.
775.01(2)(2) Upon the conclusion of the claims board that the facts of a claim described under s. 16.007 (2m) would be more properly adjudicated in a court of law or upon the failure of the claims board to make a final determination on a claim described under s. 16.007 (2m) within 6 months from the date that the claim was referred to the claims board, the claimant may commence an action against the state seeking judgment on the claim by service as provided in s. 801.11 (3) and by filing with the clerk of court a bond, not exceeding $1,000, with 2 or more sureties, to be approved by the attorney general, to the effect that the claimant will indemnify the state against all costs that may accrue in such action and pay to the clerk of court all costs, in case the claimant fails to obtain judgment against the state.
775.01 HistoryHistory: Sup. Ct. Order, 67 Wis. 2d 585, 775 (1975); 1975 c. 218; 1979 c. 32 s. 53; Stats. 1979 s. 775.01; 2025 a. 15.
775.01 AnnotationThe bond requirement of this section may be waived under s. 814.29 (1). Boldt v. State, 101 Wis. 2d 566, 305 N.W.2d 133 (1981).
775.01 AnnotationLegislative adjournment before action on a bill authorizing payment of a claim constitutes refusal of the claim and satisfies the condition precedent for commencing an action. Cross-claimants are also required to meet the statutory conditions precedent. This section allows actions on a debt but does not allow tort actions or actions based on equity, including actions for unjust enrichment. CleanSoils Wisconsin, Inc. v. DOT, 229 Wis. 2d 600, 599 N.W.2d 903 (Ct. App. 1999), 98-3374.
775.01 AnnotationA claim subject to this section must be presented to the legislature, in the form of a bill, and rejected before suit may be filed on the claim. The procedure is not optional. Brown v. State, 230 Wis. 2d 355, 602 N.W.2d 79 (Ct. App. 1999), 98-2662.
775.01 AnnotationA breach of contract claim seeking damages for lost profits and expenses incurred is not a claim within the meaning of this section. The relevant inquiry here is whether the breach of contract claim is an action of debt or indebitatus assumpsit. “Debt,” for which an action of debt will lie, is a specific sum of money that is due or owing from one to another. Koshick v. State, 2005 WI App 232, 287 Wis. 2d 608, 706 N.W.2d 174, 05-0539.
Notes of Decisions
Cited in 20
cases (2 in the last 5 years), 1981–2024 · leading case: Prn Assocs. LLC v. State of Wisconsin Dep't of Admin., 2009 WI 53 (Wis. 2009).
Prn Assocs. LLC v. State of Wisconsin Dep't of Admin., 2009 WI 53 (Wis. 2009). “In addition, it argues that the type of relief it seeks can be maintained as a declaratory action and that the legislature has consented to suit under Wis. Stat. § 775.01 (2007-08). 3 ¶ 4. We conclude Prism's petition for judicial review of the DOA's decision was properly…”
Brown v. State, 602 N.W.2d 79 (Wis. Ct. App. 1999). “4 *361 Procedure in Trial Court The State moved to dismiss the complaint for: (1) lack of personal jurisdiction based on the State's sovereign immunity, in part because Brown did not have a bill presented to and denied by the legislature which, the State argued, is a precedent…”
Bicknese v. Sutula, 2003 WI 31 (Wis. 2003). “[2] We should not expound upon *746 an exception to an immunity defense if the immunity defense is unavailable in the first place.”
Koshick v. State, 2005 WI App 232 (Wis. Ct. App. 2005). “This appeal involves the construction of Wis. Stat. § 775.01 , 1 which permits suit *610 against the State of Wisconsin in prescribed circumstances.”
Adam R. Mayhugh v. State of Wisconsin, 2015 WI 77 (Wis. 2015). “For example, Wis. Stat. § 775.01 provides a procedure for the state to be sued in contract.”
Boldt v. State, 305 N.W.2d 133 (Wis. 1981). “01) ? (2) Can the circuit court waive the bond requirement of sec. 775.01, Stats., pursuant to sec. 814.”
Panzer v. Doyle, 2004 WI 52 (Wis. 2004). “§ 775.01 provides: Actions against state; bond.”
Weis v. Bd. of Regents of the Univ. of Wisconsin Sys., 837 F. Supp. 2d 971 (E.D. Wis. 2011). “Wis. Stat. 775.01 (2009-10). The Wisconsin Supreme Court has construed this statute to apply to only a narrow class of claims.”
POLK COUNTRY v. State Pub. Def., 524 N.W.2d 389 (Wis. 1994). “Section 775.01 Stats., states, in relevant part, "[u]pon refusal of the legislature to allow a claim against the state the claimant may commence an action against the state by service as provided in s.”
Darrell Klein v. WI Dept of Revenue, 2020 WI App 56 (Wis. Ct. App. 2020). “§ 775.01 discusses actions against the state: Upon the refusal of the legislature to allow a claim against the state the claimant may commence an action against the state by service as provided in s.”
State v. P.G. Miron Constr. Co., 512 N.W.2d 499 (Wis. 1994). “2 Section 775.01, Stats., provides: 775.01 Actions against state; bond.”
Aesthetic & Cosmetic Plastic Surgery Ctr., LLC v. Wisconsin Dep't of Transp., 2014 WI App 88 (Wis. Ct. App. 2014). “It argued among other things that the State had consented to the suit in Wis. Stat. § 775.01 (2007-2008), which provided, as, material: " 'Upon the refusal of the legislature to allow a claim against the state the claimant may commence an action against the state by service .”
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