Wisconsin Statutes
Wis. Stat. § 893.01 (2026)
Civil actions; objection as to time of commencing
✓ current as of July 2026
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893.01893.01 Civil actions; objection as to time of commencing. Civil actions may be commenced only within the periods prescribed in this chapter, except when, in special cases, a different limitation is provided by statute. An objection that the action was not commenced within the time limited may only be taken by answer or motion to dismiss under s. 802.06 (2) in proper cases.
893.01 NoteJudicial Council Committee’s Note, 1979: This section remains from previous ch. 893 and is revised only for purposes of textual clarity. [Bill 326-A]
893.01 AnnotationEstoppel can be invoked to preclude a defense based on a statute of limitations when a defendant has been guilty of fraudulent or inequitable conduct. The conduct need not constitute actual fraud, but may be equivalent to a representation upon which the plaintiff may have relied to the plaintiff’s disadvantage by not commencing the plaintiff’s action within the statutory period. That conduct must have occurred before the expiration of the limitation period with no unreasonable delay by the aggrieved party after the inducement therefor has ceased to operate. State ex rel. Susedik v. Knutson, 52 Wis. 2d 593, 191 N.W.2d 23 (1971).
893.01 AnnotationA court has no authority to enlarge the time in which to file a complaint. Pulchinski v. Strnad, 88 Wis. 2d 423, 276 N.W.2d 781 (1979).
893.01 AnnotationWhen a limitation period would otherwise expire on a legal holiday, s. 990.001 (4) (b) permits the commencement of an action on the next secular day. Cuisinier v. Sattler, 88 Wis. 2d 654, 277 N.W.2d 776 (1979).
893.01 AnnotationStatutes of limitations are substantive statutes and are not given retroactive effect. Betthauser v. Medical Protective Co., 172 Wis. 2d 141, 493 N.W.2d 40 (1992).
893.01 AnnotationA circuit court may use its equitable powers to set aside a statute of limitations if certain enumerated circumstances are present. Williams v. Kaerek Builders, Inc., 212 Wis. 2d 150, 568 N.W.2d 313 (Ct. App. 1997), 96-2396.
893.01 AnnotationThe primary reason for applying equitable estoppel to bar a defendant from asserting the statute of limitations is when the conduct and representations of the defendant were so unfair and misleading as to outbalance the public’s interest in setting a limitation on bringing actions. Wosinski v. Advance Cast Stone Co., 2017 WI App 51, 377 Wis. 2d 596, 901 N.W.2d 797, 14-1961.
893.01 AnnotationA defendant was estopped from pleading the statute of limitations by fraudulent conduct that prevented the plaintiff from filing a timely suit. Bell v. City of Milwaukee, 746 F.2d 1205 (1984).
893.01 AnnotationRemedying the Confusion Between Statutes of Limitations and Statutes of Repose in Wisconsin—A Conceptual Guide. La Fave. 88 MLR 927 (2005).
Notes of Decisions
Cited in 10
cases (2 in the last 5 years), 1979–2022 · leading case: Emjay Inv. Co. v. Vill. of Germantown, 2011 WI 31 (Wis. 2011).
Emjay Inv. Co. v. Vill. of Germantown, 2011 WI 31 (Wis. 2011). “Indeed, Wis. Stat. § 893.01 expressly recognizes that civil actions under chapter 893 "may be commenced only within the periods prescribed in this chapter, except when, in special cases, a different limitation is provided by statute.”
In Matter of Est. of Steffes, 290 N.W.2d 697 (Wis. 1980). “NOTES [1] Sec. 893.01, Stats., provides: "Civil actions; objection as to time of commencing.”
Bolinske v. Sandstrom, 2022 ND 148 (N.D. 2022). “2d 493 (concluding that lower court erred by granting a motion to dismiss on a statute of limitations defense because a “pre- answer motion under Rule 12(b), such as a motion to dismiss for failure to state a claim, is not a responsive pleading”); see also Wis. Stat. § 893.01…”
Pulchinski v. Strnad, 276 N.W.2d 781 (Wis. 1979). “, 1 and objection to the time of commencing civil actions is governed by sec. 893.01, Stats. 2 Both statutes sustain the trial court.”
Elfers v. St. Paul Fire & Marine Ins., 571 N.W.2d 469 (Wis. Ct. App. 1997). “See § 893.01, Stats. Our final step, then, is to review the record to see if a material fact is in dispute.”
Miller v. Comm'r, 76 T.C. 191 (Tax Ct. 1981). “For this reason, and because we think petitioner has failed to show that the 6-year statute had run, we express no conclusion regarding the effect of Wisconsin's statute of limitations vis-a-vis the effect generally given a State statute of limitations in determining when a…”
Local No. P-1236, Amalgamated Meat Cutters & Butcher Workmen v. Jones Dairy Farm, 519 F. Supp. 1362 (W.D. Wis. 1981). “Wis. Stat. § 893.01 ; Mead v. Ringiing, 266 Wis.”
Bolinske v. Sandstrom, 2022 ND 148 (N.D. 2022). “2d 493 (concluding that lower court erred by granting a motion to dismiss on a statute of limitations defense because a “pre- answer motion under Rule 12(b), such as a motion to dismiss for failure to state a claim, is not a responsive pleading”); see also Wis. Stat. § 893.01…”
C.N. v. Waukesha Cnty. Cmty. Human Servs. Dep't, 422 N.W.2d 450 (Wis. Ct. App. 1988). “Any practicing lawyer knows, or should know, that statutes of limitations *620 affect the time for commencing the action, see sec. 893.01, Stats., and are completely unrelated to rules of evidence.”
In Interest of SSK, 422 N.W.2d 450 (Wis. Ct. App. 1988). “Any practicing lawyer knows, or should know, that statutes of limitations *620 affect the time for commencing the action, see sec. 893.01, Stats., and are completely unrelated to rules of evidence.”
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