Wisconsin Statutes

Wis. Stat. § 799.209 (2026)

Procedure

✓ current as of July 2026

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799.209799.209 Procedure. At any trial, hearing or other proceeding under this chapter:

799.209(1)(1) The court or circuit court commissioner shall conduct the proceeding informally, allowing each party to present arguments and proofs and to examine witnesses to the extent reasonably required for full and true disclosure of the facts.

799.209(2)(2) The proceedings shall not be governed by the common law or statutory rules of evidence except those relating to privileges under ch. 905 or to admissibility under s. 901.05. The court or circuit court commissioner shall admit all other evidence having reasonable probative value, but may exclude irrelevant or repetitious evidence or arguments. An essential finding of fact may not be based solely on a declarant’s oral hearsay statement unless it would be admissible under the rules of evidence.

799.209(3)(3) The court or circuit court commissioner may conduct questioning of the witnesses and shall endeavor to ensure that the claims or defenses of all parties are fairly presented to the court or circuit court commissioner.

799.209(4)(4) The court or circuit court commissioner shall establish the order of trial and the procedure to be followed in the presentation of evidence and arguments in an appropriate manner consistent with the ends of justice and the prompt resolution of the dispute on its merits according to the substantive law.

799.209 HistoryHistory: 1987 a. 208; 1991 a. 269; 2001 a. 61.

Notes of Decisions

Cited in 25 cases (14 in the last 5 years), 1989–2026 · leading case: State v. Brown, 2005 WI 29 (Wis. 2005).

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State v. Brown, 2005 WI 29 (Wis. 2005). · cites it 4× “[4] For example, the rules of evidence do not apply in small claims actions, Wis. Stat. § 799.209 (2) (2003-04), in contested case hearings under ch.”

Gehin v. Wisconsin Grp. Ins. Bd., 2005 WI 16 (Wis. 2005). · cites it 2× “§ 799.209(2) provides: "The proceedings shall not be governed by the common law or statutory rules of evidence except those relating to privileges under ch.”

Williams v. Hous. Auth. of Milwaukee, 2010 WI App 14 (Wis. Ct. App. 2009). · cites it 2× “See Wis. Stat. § 799.209 (2) (stating that "[a]n essential finding of fact may not be based solely on a declarant's oral hearsay statement unless it would be admissible under the rules of evidence").”

Scholten Pattern Works, Inc. v. Roadway Express, Inc., 448 N.W.2d 670 (Wis. Ct. App. 1989). · cites it 6× “We hold that the first of these essential findings is based only on hearsay that would be inadmissible under the rules of evidence and that sec. 799.209, Stats., therefore renders the evidence in support of the finding insufficient as a matter of law.”

Carl Wilson v. Leonard Reed (Wis. Ct. App. 2023). · cites it 12× “06(2)’s provisions governing the timely return of a tenant’s security deposit.”

Smith v. Menard, Inc., 687 N.W.2d 548 (Wis. Ct. App. 2004). · cites it 13× “See Wis. Stat. § 799.209 . ¶8. Menard's arguments primarily scrutinize the validity of the documentation that Smith provided in support of his damage claims.”

Orchard Estates, LLC v. Meyer, 922 N.W.2d 322 (Wis. Ct. App. 2018). · cites it 5× “§ 799.209(1) when it curtailed his argument concerning retaliatory eviction at the eviction hearing.”

Witt Props., LLC v. Laura Schaeffer (Wis. Ct. App. 2020). · cites it 5× “§ 799.209, that is analogous to WIS. STAT.”

Windsor Townhomes, LLC v. Abdalla Ibrahim Zanouny Ibrahim (Wis. Ct. App. 2023). · cites it 4× “§ 799.209(1). 5 No. 2022AP1428 ¶14 Contrary to the Ibrahims’ assertions, the circuit court actually permitted the trial to extend longer than the two hours the Ibrahims allege were initially scheduled: the trial lasted two and one-half hours, from 2:04 p.”

Jalal Kareem Khoury v. Am. Honda Motor Co. Inc. (Wis. Ct. App. 2025). · cites it 4× “§ 799.209, neither Khoury’s qualifications to speak on the matter nor the methodologies by which he reaches his conclusions are subject to the gatekeeping rules applicable in other litigation.”

Thousand Oaks MHC LLC v. James Canfield (Wis. Ct. App. 2025). · cites it 4× “Generally, in an eviction action, the landlord bears the burden to prove a lease violation by the greater weight of the credible evidence. See WIS JI—CIVIL 3094. ¶11 This case also requires that I interpret and apply the small claims statutes that govern eviction actions, namely…”

Dane Cnty. v. Trent Joseph Meyer (Wis. Ct. App. 2025). · cites it 4× “20(2)(a), subject to exceptions that Meyer does not show apply here, the small claims provisions of WIS. STAT.”

Show all 25 citing cases →

— Wis. Stat. § 799.209(1) — 11 cases

Carl Wilson v. Leonard Reed (Wis. Ct. App. 2023). “06(2)’s provisions governing the timely return of a tenant’s security deposit.”

Dane Cnty. v. Trent Joseph Meyer (Wis. Ct. App. 2025). “20(2)(a), subject to exceptions that Meyer does not show apply here, the small claims provisions of WIS. STAT.”

Orchard Estates, LLC v. Meyer, 922 N.W.2d 322 (Wis. Ct. App. 2018). “§ 799.209(1) when it curtailed his argument concerning retaliatory eviction at the eviction hearing.”

Windsor Townhomes, LLC v. Abdalla Ibrahim Zanouny Ibrahim (Wis. Ct. App. 2023). “§ 799.209(1). 5 No. 2022AP1428 ¶14 Contrary to the Ibrahims’ assertions, the circuit court actually permitted the trial to extend longer than the two hours the Ibrahims allege were initially scheduled: the trial lasted two and one-half hours, from 2:04 p.”

Michelle Lynn McNeil v. Carvana, LLC (Wis. Ct. App. 2025).

— Wis. Stat. § 799.209(2) — 11 cases

Gehin v. Wisconsin Grp. Ins. Bd., 2005 WI 16 (Wis. 2005). “§ 799.209(2) provides: "The proceedings shall not be governed by the common law or statutory rules of evidence except those relating to privileges under ch.”

Jalal Kareem Khoury v. Am. Honda Motor Co. Inc. (Wis. Ct. App. 2025). “§ 799.209, neither Khoury’s qualifications to speak on the matter nor the methodologies by which he reaches his conclusions are subject to the gatekeeping rules applicable in other litigation.”

Madison Dev. Corp. v. Connie Shaw (Wis. Ct. App. 2026).

Butler Plaza, LLC v. Curtis, 928 N.W.2d 812 (Wis. Ct. App. 2019).

Joseph Salas v. Shelly Nelson (Wis. Ct. App. 2023).

— Wis. Stat. § 799.209(3) — 2 cases

Antoinette Marie Pacheco v. Hoops Mgmt. LLC (Wis. Ct. App. 2025).

Thousand Oaks MHC LLC v. James Canfield (Wis. Ct. App. 2025). “Generally, in an eviction action, the landlord bears the burden to prove a lease violation by the greater weight of the credible evidence. See WIS JI—CIVIL 3094. ¶11 This case also requires that I interpret and apply the small claims statutes that govern eviction actions, namely…”

— Wis. Stat. § 799.209(4) — 2 cases

Orchard Estates, LLC v. Meyer, 922 N.W.2d 322 (Wis. Ct. App. 2018). “§ 799.209(1) when it curtailed his argument concerning retaliatory eviction at the eviction hearing.”

BJ & TT Goll Rev. Tr. v. Paul Penkalski (Wis. Ct. App. 2023).

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