Wis. Stat. » CHAPTER 801 — CIVIL PROCEDURE — COMMENCEMENT OF ACTION AND VENUE
Wisconsin Statutes

Wis. Stat. § 801.53 (2026)

Determination of motion for change of venue

✓ current as of July 2026
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801.53801.53 Determination of motion for change of venue. Motions under ss. 801.51 and 801.52 shall be determined on the basis of proofs submitted by the parties unless the court orders a hearing or oral argument. Oral argument shall be heard by telephonic conference unless the court otherwise orders for cause shown.
801.53 HistoryHistory: 1983 a. 228.
801.53 NoteJudicial Council Note, 1983: The provisions of the prior statute are revised in new s. 801.51. Motions under s. 801.51 are rarely contested and usually decided on affidavit. As on other nonevidentiary motions, oral argument should, if desired, be heard by 3-way or conference telephone call. Motions under s. 801.52, while requiring a factual foundation, usually are based not on dispute of fact but on balance of equities. Unless good cause to the contrary is advanced, arguments should be heard by 3-way or telephonic conference call. [Bill 324-S]
Notes of Decisions
Cited in 9 cases (1 in the last 5 years), 1977–2023 · leading case: Voit v. Madison Newspapers, Inc., 341 N.W.2d 693 (Wis. 1984).
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Voit v. Madison Newspapers, Inc., 341 N.W.2d 693 (Wis. 1984). · cites it 6× “The defendants filed a demand pursuant to sec. 801.53, Stats., [2] to change venue from Waukesha county to Dane *220b county on the grounds that the defendants have their principal office in Dane county and that the alleged cause of action arose there.”
State Higher Educ. Aids Bd. v. Hervey, 335 N.W.2d 607 (Wis. 1983). · cites it 6× “The plaintiffs asserted that the use of the small claims procedure is optional for the claimant and noted that under sec. 801.53, Stats., [2] a regular civil action will not be dismissed for improper venue, but instead the defendant may move for a change of venue.”
Aparacor, Inc. v. Dep't of Indus., Labor & Human Relations, 293 N.W.2d 545 (Wis. 1980). · cites it 2× “Sec. 801.53, Stats., set forth the procedure which must be followed by litigants seeking a change of venue.”
Bahr v. Galonski, 257 N.W.2d 869 (Wis. 1977). “” 6 Sec. 801.53, Stats., provides in part: . .”
Wisconsin Dep't of Workforce Dev. v. Wisconsin Labor & Indus. Review Comm'n, 2016 WI App 21 (Wis. Ct. App. 2016). “Of note, the concurrence/dissent in Shopper Advertiser suggested that § 801.53 might be the more appropriate statute authorizing transfer.”
Schroeder v. Register Publ'g Corp., 369 N.W.2d 387 (Wis. 1985). · cites it 2× “” The defendants filed a demand for change of venue from Adams county to Columbia county, pursuant to sec. 801.53, Stats. 1981-82, 3 claiming that Adams county was not the proper place for trial under sec.”
Lavine Ex Rel. Ladd v. Hartford Accident & Indem. Co., 410 N.W.2d 623 (Wis. Ct. App. 1987). · cites it 2× “” Section 801.53, Stats., requires that such a motion shall be determined "on the basis of proofs submitted by the parties” unless the court orders a hearing or oral argument.”
Mueller v. Brunn, 304 N.W.2d 144 (Wis. Ct. App. 1981). · cites it 3× “Sec. 801.53, Stats. The proper response is to move to dismiss the action for lack of subject, matter jurisdiction.”
George T. Stelling v. Middlesex Ins. Co., 2023 WI App 10 (Wis. Ct. App. 2023). · cites it 4× “§ 801.53, motions to change venue “under ss.”
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