Wisconsin Statutes
Wis. Stat. § 806.08 (2026)
Stay of proceedings to enforce a judgment
✓ current as of July 2026
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806.08(1)(1) Unless otherwise ordered by the court, an interlocutory or final judgment in an action for an injunction or in a receivership action shall not be stayed during the period after its entry and until an appeal is taken or during the pendency of an appeal. Subsection (3) governs the suspending, modifying, restoring, or granting of an injunction during the pendency of an appeal.
806.08(2)(2) In its discretion and on such conditions for the security of the adverse party as are proper, the court may stay the execution of or any proceedings to enforce a judgment pending the disposition of a motion for a new trial, or to alter or amend a judgment, or of a motion for relief from a judgment or order.
806.08(3)(3) When an appeal is taken from an interlocutory or final judgment or appealable order granting, dissolving or denying an injunction, the court in its discretion may suspend, modify, restore, or grant an injunction during the pendency of the appeal upon such terms as to bond or otherwise as it considers proper for the security of the rights of the adverse party.
806.08(5)(5) This section does not limit any power of an appellate court or of a judge or justice thereof to stay proceedings during the pendency of an appeal or to suspend, modify, restore, or grant an injunction during the pendency of an appeal or to make any order appropriate to preserve the existing state of affairs or the effectiveness of the judgment subsequently to be entered.
806.08(6)(6) When a court has rendered a final judgment under the conditions stated in s. 806.01 (2), the court may stay enforcement of that judgment until the entering of a subsequent judgment or judgments and may prescribe such conditions as are necessary to secure the benefit thereof to the party in whose favor the judgment is entered.
806.08 HistoryHistory: Sup. Ct. Order, 67 Wis. 2d 585, 726 (1975); Sup. Ct. Order, 67 Wis. 2d vii (1975); 1977 c. 187 s. 135; 1979 c. 110 s. 60 (9).
Notes of Decisions
Cited in 4
cases, 1984–2000 · leading case: Gillen v. City of Neenah, 580 N.W.2d 628 (Wis. 1998).
Gillen v. City of Neenah, 580 N.W.2d 628 (Wis. 1998). “See Wis. Stat. §§ 806.08 (3), 813.06. The plaintiffs argue that as individual citizens, they did not have the financial ability to post security against the construction of the multimillion dollar Minergy facility.”
State v. Poh, 343 N.W.2d 108 (Wis. 1984). “Sec. 806.08(1), Stats., provides: “805.08 Jurors.”
Hartman v. Winnebago Cnty., 574 N.W.2d 222 (Wis. 1998). “§ 806.08. Hence, we do not restrict a circuit court's ability to economize its time and postpone fee issues pending the resolution of the underlying merits of a claim on appeal consistent with Thompson.”
Scullion v. Wisconsin Power & Light Co., 2000 WI App 120 (Wis. Ct. App. 2000). “12 At common law, and in the absence of a positive statutory provision to the contrary, an appeal operated as an automatic stay of the judgment appealed from. The underlying policy was that, because there is a right to appeal, a judgment did not have to he paid until the appeal…”
— Wis. Stat. § 806.08(1) — 1 case
State v. Poh, 343 N.W.2d 108 (Wis. 1984). “Sec. 806.08(1), Stats., provides: “805.08 Jurors.”
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