Wisconsin Statutes
Wis. Stat. § 813.07 (2026)
Assessment of damages; bill of particulars; costs
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813.07813.07 Assessment of damages; bill of particulars; costs. Upon an assessment of the damages caused by an injunction the defendant may be required to serve upon the plaintiff and the plaintiff’s sureties, within such time and in such manner as the court or referee shall direct, a bill of particulars. The plaintiff or the sureties may within 10 days after such service offer in writing to permit the court or referee to assess the defendant’s damages at a specified sum together with the costs of such proceeding incurred up to the time of such offer. If such offer be not accepted in writing within 5 days after it is made, it shall be considered withdrawn, and cannot be given in evidence. If the defendant fails to obtain a more favorable assessment of damages, the defendant cannot recover costs, but must pay the costs of the opposite party from the time of the offer.
813.07 HistoryHistory: Sup. Ct. Order, 67 Wis. 2d 585, 760 (1975); Stats. 1975 s. 813.07; 1993 a. 486.
813.07 AnnotationIncreased construction costs were recoverable even though not in existence when the injunction was issued. Byrnes v. Metz, 53 Wis. 2d 627, 193 N.W.2d 675 (1972).
Notes of Decisions
Cited in 1
case, 2009–2009 · leading case: Schaul v. Kordell, 2009 WI App 135, 773 N.W.2d 454.
Schaul v. Kordell, 2009 WI App 135, 773 N.W.2d 454. “This process is now governed by Wis. Stat. § 813.07 (2007-08) which sets forth the procedure for assessing damages and recovering costs incurred as a result of an injunction.”
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