Wisconsin Statutes
Wis. Stat. § 782.02 (2026)
Who not entitled to
✓ current as of July 2026
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782.02782.02 Who not entitled to. No person shall be entitled to prosecute such writ who shall have been committed or detained by virtue of the final judgment or order of any competent tribunal of civil or criminal jurisdiction or by virtue of any execution issued upon such order or judgment; but no order of commitment for any alleged contempt or upon proceedings as for contempt to enforce the rights or remedies of any party shall be deemed a judgment or order within the meaning of this section; nor shall any attachment or other process issued upon any such order be deemed an execution within the meaning of this section.
Notes of Decisions
Cited in 2
cases, 1983–1993 · leading case: Bin-Rilla v. Israel, 335 N.W.2d 384 (Wis. 1983).
Bin-Rilla v. Israel, 335 N.W.2d 384 (Wis. 1983). “The court of appeals, relying on *516 sec. 782.02, Stats. 1981-82, 1 denied the requested relief of habeas corpus because the petitioner’s challenge to certain conditions of his confinement did not challenge, as a petition for habeas corpus must, the legality of the order or…”
State Ex Rel. Richards v. Leik, 499 N.W.2d 276 (Wis. Ct. App. 1993). “Section 782.02 provides in relevant part: No person shall be entitled to prosecute such writ who shall have been committed or detained by virtue of the final judgment or order of any competent tribunal of civil or criminal jurisdiction or by virtue of *452 any execution issued…”
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