Wisconsin Statutes

Wis. Stat. § 788.13 (2026)

Notice of motion to change award

✓ current as of July 2026

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788.13788.13 Notice of motion to change award. Notice of a motion to vacate, modify or correct an award must be served upon the adverse party or attorney within 3 months after the award is filed or delivered, as prescribed by law for service of notice of a motion in an action. For the purposes of the motion any judge who might make an order to stay the proceedings in an action brought in the same court may make an order, to be served with the notice of motion, staying the proceedings of the adverse party to enforce the award.

788.13 HistoryHistory: 1979 c. 32 s. 64; 1979 c. 176; Stats. 1979 s. 788.13.

788.13 AnnotationThe time limit under this section does not apply when the prevailing party moves to confirm under s. 788.09 and an adverse party wishes to raise objections under ss. 788.10 and 788.11. Milwaukee Police Ass’n v. City of Milwaukee, 92 Wis. 2d 145, 285 N.W.2d 119 (1979).

788.13 AnnotationUnder federal labor law, this section governs challenges to arbitration decisions. Teamsters Local No. 579 v. B&M Transit, Inc., 882 F. 2d 274 (1989).

Notes of Decisions

Cited in 7 cases (1 in the last 5 years), 1981–2022 · leading case: In Re Marriage of Franke v. Franke, 2004 WI 8 (Wis. 2004).

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In Re Marriage of Franke v. Franke, 2004 WI 8 (Wis. 2004). · cites it 4× “[14] Wis. Stat. § 788.13 . [15] Wis. Stat. § 788.”

Heat & Frost Insulators, Local No. 19 v. Insulation Sys., Inc., 346 F. Supp. 2d 991 (E.D. Wis. 2004). · cites it 6× “; Wis. Stat. § 788.13 . 7 The Board issued its last ruling on March 24, 2003 and denied Insulation Systems’ request for reconsideration in a letter dated May 8, 2003.”

United Bhd. of Carpenters & Joiners, Local Union No. 1533 v. Hamilton Indus., Inc., 623 F. Supp. 611 (E.D. Wis. 1985). · cites it 4× “The applicable state statute of limitations is contained in Wis.Stat. § 788.13 which provides: Notice of a motion to vacate, modify or correct an award must be served upon the adverse party or attorney within 3 months after the award is filed or delivered, as prescribed by law…”

Local No. P-1236, Amalgamated Meat Cutters & Butcher Workmen v. Jones Dairy Farm, 519 F. Supp. 1362 (W.D. Wis. 1981). · cites it 2× “There is no indication in the record that defendant was served with notice of this action within three months of the time the award was filed or delivered, as required by Wis. Stat. § 788.13 . Accordingly, it may be that this action is untimely.”

Gen. Beer-Ne. Inc. v. Johnson Distrib., Inc. (Wis. Ct. App. 2022). · cites it 2× “” Here, the arbitration award was delivered to the parties on September 13, 2019, and the motion to vacate was filed on March 18, 2021.”

Landahl v. PPG Indus., Inc., 577 F. Supp. 867 (E.D. Wis. 1984). “In Wisconsin, § 788.13, Wis.Stats., provided for a 3-month limitation period on those suits.”

Johnson v. Briggs & Stratton Corp., 609 F. Supp. 236 (E.D. Wis. 1985). · cites it 2× “See Wis.Stat. § 788.13 (1981); International Union v.”

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