Wisconsin Statutes

Wis. Stat. § 799.28 (2026)

New trial

✓ current as of July 2026

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799.28799.28 New trial.

799.28(1)(1) Motions for new trial. Motions for new trial in the trial court are governed by s. 805.15. A motion for a new trial must be made and heard within 20 days after the verdict is rendered, unless the court extends the time as provided in s. 801.15 (2) (b). If the motion is not decided within 10 days of the date of hearing, it shall be deemed denied. The entry of judgment by the court without deciding a pending motion for a new trial shall be deemed a denial of the motion.

799.28(2)(2) Newly discovered evidence. A motion to set aside a verdict or to open up a judgment and for a new trial founded upon newly discovered evidence may be heard upon affidavits and the proceedings in the action. Such a motion may be made at any time within one year from the verdict or finding. The order granting or denying the motion shall be in writing and shall specify the grounds for granting the new trial, or state the court’s reasons for denying it.

799.28 HistoryHistory: Sup. Ct. Order, 67 Wis. 2d 585, 765 (1975); 1979 c. 32 s. 66; Stats. 1979 s. 799.28.

Notes of Decisions

Cited in 2 cases, 2003–2003 · leading case: Highland Manor Assocs. v. Bast, 2003 WI 152 (Wis. 2003).

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Highland Manor Assocs. v. Bast, 2003 WI 152 (Wis. 2003). · cites it 5× “Nothing in chapter 799 demonstrates that this provision was intended to preclude the entirely separate procedure of a motion for reconsideration. It does not make sense to us that the legislature would deny the use of a motion for reconsideration, a mechanism aimed at the…”

Highland Manor Assocs. v. Bast, 2003 WI App 130 (Wis. Ct. App. 2003). · cites it 2× “We need not consider the applicability of Wis. Stat. § 799.28 , which pertains to motions for a new trial.”

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