Wisconsin Statutes
Wis. Stat. § 799.207 (2026)
Proceedings before circuit court commissioner
✓ current as of July 2026
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799.207(1)(a)(a) Any circuit court commissioner assigned to assist in small claims matters may hold a conference with the parties or their attorneys or both on the return date, examine pleadings and identify issues.
799.207(1)(b)(b) Except as provided in par. (e), a decision shall be rendered by the circuit court commissioner on the return date if there is time available for a hearing, the parties do not intend to call witnesses, and the parties agree to such a hearing. If for any of the reasons stated in this paragraph, the matter cannot be heard on the return date, an adjourned date shall be set.
799.207(1)(d)(d) A record of the proceeding shall be made and shall be limited to the time and location of the hearing, the parties, witnesses and attorneys present and the decision.
799.207(1)(e)(e) If the circuit court commissioner cannot reach a decision on the return or adjourned date, the commissioner shall mail the decision to each party within 30 days of the date of the hearing.
799.207(2)(2) The circuit court commissioner’s decision shall become a judgment 11 days after rendering, if oral, and 16 days after mailing, if written, except that:
799.207(2)(b)(b) Either party may file a demand for trial within 10 days from the date of an oral decision or 15 days from the date of mailing of a written decision to prevent the entry of the judgment.
799.207(3)(a)(a) There is an absolute right to have the matter heard before the court if the requirements of this section are complied with.
799.207(3)(b)(b) The circuit court commissioner shall give each of the parties a form and instructions which shall be used for giving notice of an election to have the matter heard by the court.
799.207(3)(c)(c) The demand for trial must be filed with the court and mailed to the other parties within 10 days from the date of an oral decision or 15 days from the date of mailing of a written decision. Mailing of the notice and proof of such mailing is the responsibility of the party seeking review.
799.207(3)(d)(d) Notice of a demand for trial may also be given in writing and filed by either of the parties at the time of an oral decision.
799.207(4)(4) Following the timely filing of a demand for trial, the court shall mail a trial date to all of the parties.
799.207(5)(5) A timely filing of a demand for trial shall result in a new trial before the court on all issues between the parties.
799.207 HistoryHistory: 1977 c. 345; 1979 c. 32 s. 66; 1979 c. 110; Stats. 1979 s. 799.207; Sup. Ct. Order, 141 Wis. 2d xiii (1987); 1987 a. 208; 2001 a. 61.
799.207 NoteJudicial Council Note, 1988: The substance of sub. (5) (b) is retained in s. 799.208. [Re Order effective Jan. 1, 1988]
Notes of Decisions
Cited in 20
cases (14 in the last 5 years), 1981–2026 · leading case: Younglove v. City of Oak Creek Fire & Police Comm'n, 579 N.W.2d 294 (Wis. Ct. App. 1998).
Younglove v. City of Oak Creek Fire & Police Comm'n, 579 N.W.2d 294 (Wis. Ct. App. 1998). “"); § 799.207(5), STATS. ("A timely filing of a demand for trial [following decision by court commissioner hearing small-claims disputes] shall result in a new trial before the court on all issues between the parties.”
Hessenius v. Schmidt, 307 N.W.2d 232 (Wis. 1981). “Under the small claims procedure in populous counties, sec. 799.207, Stats., the case was assigned to the court commissioner.”
Radmer v. Edell, 395 N.W.2d 629 (Wis. Ct. App. 1986). “2 Among the written conclusions of law made by the circuit court is a recital that “§ 799.207, Wis. Stats., does not apply to Kenosha county since such county is not a ‘populous county.”
Elliot Kouri v. Party Sealed by Judge Swanson-11 (Wis. Ct. App. 2024). “§ 799.207(3)(a) provides “an absolute right to have the matter heard before the court if the requirements of this section are complied with.”
Colin Hoffman v. Frank Gribble (Wis. Ct. App. 2026). “The same day, the court issued a written order granting the motion to dismiss and denying the demand for a trial “[f]or the reasons[] stated on the record.”
Port Washington State Bank, A Wisconsin Banking Corp. v. Roxanne D. Hendon (Wis. Ct. App. 2026). “§ 799.207 governs small claims proceedings, including replevin actions, before circuit court commissioners.”
Frank T. Whitehead v. Indianhead Food Distrib. (Wis. Ct. App. 2020). “§ 799.207(1)(b) (providing in pertinent part that, if there is not time available for a hearing on the return date or if, for any of the other “reasons stated in this paragraph, the matter cannot be heard on the return date, an adjourned date shall be set.”
Robert Erik Soderlund v. Mike Michaud (Wis. Ct. App. 2023). “§ 799.207(2); (2) this action should have been dismissed under 50 U.”
Annie Mae Wright Millsapp v. Milwaukee Hous. Auth. (Wis. Ct. App. 2024). “§ 799.207(2). However, a party “may file a demand for trial within [ten] days from the date of an oral decision … to prevent the entry of judgment.”
Cmty. First Credit Union v. Jason Michael Mathe (Wis. Ct. App. 2026). “§ 799.207(2) and (3)(c).5 The court commissioner denied the 3 On the final attempt, the person who answered the door advised that Mathe did not live there.”
Donald E. Carroll v. Sarko Eng'g Inc. (Wis. Ct. App. 2022). “§ 799.207(2)(b). Finally, we conclude that the circuit court did not err by granting in the 2021 judgment interest on the accrued post-judgment interest on the 2000 judgments.”
Stewart, Timothy v. Rock Cnty. Courthouse Manager (W.D. Wis. 2022). “Wis. Stat. § 799.207 (5) (“A timely filing of a demand for trial shall result in a new trial before the court on all issues between the parties.”
— Wis. Stat. § 799.207(1)(b) — 1 case
Frank T. Whitehead v. Indianhead Food Distrib. (Wis. Ct. App. 2020). “§ 799.207(1)(b) (providing in pertinent part that, if there is not time available for a hearing on the return date or if, for any of the other “reasons stated in this paragraph, the matter cannot be heard on the return date, an adjourned date shall be set.”
— Wis. Stat. § 799.207(1)(d) — 2 cases
Creative Fin., Inc. v. Carlos Rangel (Wis. Ct. App. 2025).
Colin Hoffman v. Frank Gribble (Wis. Ct. App. 2026). “The same day, the court issued a written order granting the motion to dismiss and denying the demand for a trial “[f]or the reasons[] stated on the record.”
— Wis. Stat. § 799.207(2) — 6 cases
Colin Hoffman v. Frank Gribble (Wis. Ct. App. 2026). “The same day, the court issued a written order granting the motion to dismiss and denying the demand for a trial “[f]or the reasons[] stated on the record.”
Robert Erik Soderlund v. Mike Michaud (Wis. Ct. App. 2023). “§ 799.207(2); (2) this action should have been dismissed under 50 U.”
Port Washington State Bank, A Wisconsin Banking Corp. v. Roxanne D. Hendon (Wis. Ct. App. 2026). “§ 799.207 governs small claims proceedings, including replevin actions, before circuit court commissioners.”
Cmty. First Credit Union v. Jason Michael Mathe (Wis. Ct. App. 2026). “§ 799.207(2) and (3)(c).5 The court commissioner denied the 3 On the final attempt, the person who answered the door advised that Mathe did not live there.”
Annie Mae Wright Millsapp v. Milwaukee Hous. Auth. (Wis. Ct. App. 2024). “§ 799.207(2). However, a party “may file a demand for trial within [ten] days from the date of an oral decision … to prevent the entry of judgment.”
— Wis. Stat. § 799.207(2)(b) — 6 cases
Colin Hoffman v. Frank Gribble (Wis. Ct. App. 2026). “The same day, the court issued a written order granting the motion to dismiss and denying the demand for a trial “[f]or the reasons[] stated on the record.”
Donald E. Carroll v. Sarko Eng'g Inc. (Wis. Ct. App. 2022). “§ 799.207(2)(b). Finally, we conclude that the circuit court did not err by granting in the 2021 judgment interest on the accrued post-judgment interest on the 2000 judgments.”
Martindale Pinnacle Constr. v. John Pulley (Wis. Ct. App. 2020).
David Meyer v. Tarik Esseraidi (Wis. Ct. App. 2024).
Michael Burton v. Karl Evald Auleciems (Wis. Ct. App. 2025).
— Wis. Stat. § 799.207(3) — 1 case
Duane Crandall v. Ted Sauer (Wis. Ct. App. 2024).
— Wis. Stat. § 799.207(3)(a) — 1 case
Elliot Kouri v. Party Sealed by Judge Swanson-11 (Wis. Ct. App. 2024). “§ 799.207(3)(a) provides “an absolute right to have the matter heard before the court if the requirements of this section are complied with.”
— Wis. Stat. § 799.207(3)(b) — 1 case
Annie Mae Wright Millsapp v. Milwaukee Hous. Auth. (Wis. Ct. App. 2024). “§ 799.207(2). However, a party “may file a demand for trial within [ten] days from the date of an oral decision … to prevent the entry of judgment.”
— Wis. Stat. § 799.207(3)(c) — 4 cases
Elliot Kouri v. Party Sealed by Judge Swanson-11 (Wis. Ct. App. 2024). “§ 799.207(3)(a) provides “an absolute right to have the matter heard before the court if the requirements of this section are complied with.”
Joel Winnig v. Sheray Wallace (Wis. Ct. App. 2021).
Annie Mae Wright Millsapp v. Milwaukee Hous. Auth. (Wis. Ct. App. 2024). “§ 799.207(2). However, a party “may file a demand for trial within [ten] days from the date of an oral decision … to prevent the entry of judgment.”
Cmty. First Credit Union v. Jason Michael Mathe (Wis. Ct. App. 2026). “§ 799.207(2) and (3)(c).5 The court commissioner denied the 3 On the final attempt, the person who answered the door advised that Mathe did not live there.”
— Wis. Stat. § 799.207(5) — 3 cases
Younglove v. City of Oak Creek Fire & Police Comm'n, 579 N.W.2d 294 (Wis. Ct. App. 1998). “"); § 799.207(5), STATS. ("A timely filing of a demand for trial [following decision by court commissioner hearing small-claims disputes] shall result in a new trial before the court on all issues between the parties.”
Creative Fin., Inc. v. Carlos Rangel (Wis. Ct. App. 2025).
Zakowski v. Cwa Transp., Inc., 687 N.W.2d 548 (Wis. Ct. App. 2004).
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