Wisconsin Statutes
Wis. Stat. § 801.52 (2026)
Discretionary change of venue
✓ current as of July 2026
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801.52801.52 Discretionary change of venue. The court may at any time, upon its own motion, the motion of a party or the stipulation of the parties, change the venue to any county in the interest of justice or for the convenience of the parties or witnesses, except that venue in a civil action to impose a forfeiture for a violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 or for a violation of any other law arising from or in relation to the official functions of the subject of the investigation or any matter that involves elections, ethics, or lobbying regulation under chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19, may be changed only as provided in s. 971.223 (1) and (2) or in the same manner that is authorized for a change in the venue of a criminal trial under s. 971.22. This section does not apply to proceedings under ch. 980.
801.52 NoteJudicial Council Note, 1983: This section authorizes grounds for changing venue beyond the failure to comply with s. 801.50. It permits the court to apply traditional forum non conveniens principles to requests for discretionary change of venue. The court has discretion to change venue to any county in the state. [Bill 324-S]
801.52 AnnotationA plaintiff must first comply with the requirements for venue in s. 801.50 (2). If venue is proper, only then may a circuit court exercise its discretion under this section to change venue to another county. In this case, because venue was not proper in Milwaukee County, the circuit court erred when it applied this section to keep the case in Milwaukee County. Salachna v. Edgebrook Radiology, 2021 WI App 76, 399 Wis. 2d 759, 966 N.W.2d 923, 20-1062.
Notes of Decisions
Cited in 19
cases (3 in the last 5 years), 1987–2024 · leading case: Dep't of Nat. Resources v. Wisconsin Court of Appeals, Dist. IV, 909 N.W.2d 114 (Wis. 2018).
Dep't of Nat. Resources v. Wisconsin Court of Appeals, Dist. IV, 909 N.W.2d 114 (Wis. 2018). “The Administrative Petitioners provided no authority for the proposition that § 801.50(3) cannot apply to judicial review of an agency decision.”
Hoffman v. Mem'l Hosp. of Iowa Cnty., 538 N.W.2d 627 (Wis. Ct. App. 1995). “It further concluded that § 801.52, Stats., 2 which provides for a discretionary change of venue, was inapplicable to those actions.”
State Ex Rel. West v. Bartow, 2002 WI App 42 (Wis. Ct. App. 2002). “1 While we agree that this matter was properly venued in Winnebago county, we conclude that the trial court had the discretion to transfer this matter to Milwaukee county pursuant to Wis. Stat. § 801.52 . We therefore affirm the order of the trial court.”
Butler v. Advanced Drainage Sys., Inc., 2006 WI 102 (Wis. 2006). “e us on this appeal: [4] (1) Advanced Drainage, Kling, Envirosystems, Thompson, and the City were negligent in performing their contractual obligations for the Project, causing property damage, loss of property value and loss of enjoyment; and (2) the defendants' negligent…”
Kohlbeck v. Reliance Const. Co., Inc., 2002 WI App 142 (Wis. Ct. App. 2002). “Although the Kohlbecks could theoretically have initiated separate actions in both counties, given both the practical difficulties of trying the claims separately and the interest in judicial economy, it would be an erroneous exercise of discretion for a court in that situation…”
State Ex Rel. Rupinski v. Smith, 2007 WI App 4 (Wis. Ct. App. 2006). “" Wis. Stat. § 801.52 . We note from an examination of the record that Rupinski moved the circuit court of Milwaukee to exercise its discretion pursuant to Wis.”
Storm Ex Rel. Smoler v. Legion Ins., 2003 WI 120 (Wis. 2003). “19 As the court of appeals explained, in rejecting the assertion that Wis. Stat. § 801.52 's venue provisions are not applicable to actions against health care providers, despite § 655.”
Converting/Biophile Labs., Inc. v. Ludlow Composites Corp., 2006 WI App 187 (Wis. Ct. App. 2006). “63 , a discretionary change of venue under Wis. Stat. § 801.52 , or a valid forum-selection clause.”
Muchow v. Goding, 544 N.W.2d 218 (Wis. Ct. App. 1995). “The court said it was not satisfied that the change of venue and consolidation were necessary in the interest of justice or for the convenience of the parties or witnesses pursuant to § 801.52, STATS., or that it would be conducive to expedition or economy or furtherance of…”
First Fin. Trust Co. v. Scott, 929 P.2d 263 (N.M. 1996). “12-030 (1962); Wis.Stat. § 801.52 (1994). 12. Several other jurisdictions have permitted the transfer of cases through analogous “convenience” rules.”
Lavine Ex Rel. Ladd v. Hartford Accident & Indem. Co., 410 N.W.2d 623 (Wis. Ct. App. 1987). “Section 801.52, Stats., provides that a trial court "may at any time, upon its *445 own motion, the motion of a party or the stipulation of parties, change the venue to any county in the interest of justice or for the convenience of the parties or witnesses.”
Johnson v. Berge, 2003 WI App 51 (Wis. Ct. App. 2003). “§ 801.52, or whether to transfer Johnson's WIS.”
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