Wisconsin Statutes

Wis. Stat. § 893.07 (2026)

Application of foreign statutes of limitation

✓ current as of July 2026

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893.07893.07 Application of foreign statutes of limitation.

893.07(1)(1) If an action is brought in this state on a foreign cause of action and the foreign period of limitation which applies has expired, no action may be maintained in this state.

893.07(2)(2) If an action is brought in this state on a foreign cause of action and the foreign period of limitation which applies to that action has not expired, but the applicable Wisconsin period of limitation has expired, no action may be maintained in this state.

893.07 HistoryHistory: 1979 c. 323.

893.07 NoteJudicial Council Committee’s Note, 1979: Sub. (1) applies the provision of s. 893.05 that the running of a statute of limitations extinguishes the right as well as the remedy to a foreign cause of action on which an action is attempted to be brought in Wisconsin in a situation where the foreign period has expired. Sub. (1) changes the law of prior s. 893.205 (1), which provided that a resident of Wisconsin could sue in this state on a foreign cause of action to recover damages for injury to the person even if the foreign period of limitation had expired.

893.07 NoteSub. (2) applies the Wisconsin statute of limitations to a foreign cause of action if the Wisconsin period is shorter than the foreign period and the Wisconsin period has run. [Bill 326-A]

893.07 AnnotationThe borrowing statute was properly applied to an injury received outside of this state. A conflict of laws analysis was not appropriate. Guertin v. Harbour Assurance Co. of Bermuda, 141 Wis. 2d 622, 415 N.W.2d 831 (1987).

893.07 AnnotationSection 893.16 (1) is effective to toll the running of the statute of limitations, even when under this section the plaintiff would be barred from bringing suit under applicable foreign law. Scott v. First State Insurance Co., 155 Wis. 2d 608, 456 N.W.2d 152 (1990).

893.07 AnnotationThis section does not borrow foreign tolling statutes. Johnson v. Johnson, 179 Wis. 2d 574, 508 N.W.2d 19 (Ct. App. 1993).

893.07 AnnotationThis section is applicable to actions on contracts. A claim is foreign when the final significant event giving rise to a suable event, the alleged breach, occurs outside the state. Abraham v. General Casualty Co. of Wisconsin, 217 Wis. 2d 294, 576 N.W.2d 46 (1998), 95-2918.

893.07 AnnotationSub. (1) refers to “the period of limitation,” as defined by the foreign jurisdiction, that governs the case in the foreign state. Application of this rule includes a limitation period that operates as a statute of repose. Wenke v. Gehl Co., 2004 WI 103, 274 Wis. 2d 220, 682 N.W.2d 405, 01-2649.

893.07 AnnotationIn medical malpractice cases involving a negligent misdiagnosis that results in a latent, though continuous, injury, whether the action is “foreign” for purposes of Wisconsin’s borrowing statute is determined by whether the plaintiff’s first injury occurred outside of Wisconsin. When the plaintiff’s place of first injury is unknowable but could have occurred within or outside of this state, the borrowing statute does not apply. Paynter v. ProAssurance Wisconsin Insurance Co., 2019 WI 65, 387 Wis. 2d 278, 929 N.W.2d 113, 17-0739.

893.07 AnnotationA cause of action is foreign for purposes of the borrowing statute if the plaintiff’s injury occurred outside of this state. An injury occurs where it is felt rather than where it originates. To the extent the physician in this case violated the plaintiff’s right to informed consent, that injury was felt in Michigan because the plaintiff was in Michigan when the physician allegedly informed the plaintiff that his growth was not malignant and needed no further treatment. Paynter v. ProAssurance Wisconsin Insurance Co., 2019 WI 65, 387 Wis. 2d 278, 929 N.W.2d 113, 17-0739.

893.07 AnnotationA tort action based on an injury received outside of this state was “foreign.” Johnson v. Deltadynamics, Inc., 813 F.2d 944 (1987).

893.07 AnnotationUnder this section, a foreign jurisdiction’s period of limitations is borrowed, but not its period of repose. Beard v. J.I. Case Co., 823 F.2d 1095 (1987).

893.07 AnnotationIt is a quirk of libel law that a plaintiff is generally considered to be injured wherever the defamatory writing is published. Therefore, a multistate defamation case in which at least some injury occurs within the borders of this state does not constitute a foreign cause of action for purposes of the borrowing statute. Faigin v. Doubleday Dell Publishing Group, Inc., 98 F.3d 268 (1996).

893.07 AnnotationThe final significant event in a contract claim occurs where a contractual duty is breached, for example, where an insurance company improperly rejects coverage or where nonconforming goods are delivered. Discovery, notice, and significant contacts are not relevant to the final significant event analysis. RCBA Nutraceuticals, LLC v. ProAmpac Holdings, Inc., 108 F.4th 997 (2024).

893.07 AnnotationThis section directs courts to apply the shortest limitation period possible to foreign causes of action, whether the applicable statute is a statute of limitations or a statute of repose. Merner v. Deere & Co., 176 F. Supp. 2d 882 (2001).

893.07 AnnotationWisconsin’s Borrowing Statute: Did We Shortchange Ourselves? Endreson. 70 MLR 120 (1986).

893.07 AnnotationInterpreting Wisconsin’s Borrowing Statute. Wiegand. Wis. Law. May 2001.

Notes of Decisions

Cited in 40 cases (3 in the last 5 years), 1979–2026 · leading case: Wenke Ex Rel. Laufenberg v. Gehl Co., 2004 WI 103 (Wis. 2004).

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Wenke Ex Rel. Laufenberg v. Gehl Co., 2004 WI 103 (Wis. 2004). · cites it 119× “Section 893.07 is relatively straightforward: Application of foreign statutes of limitation.”

Abraham v. Gen. Cas. Co., 576 N.W.2d 46 (Wis. 1998). · cites it 114× “On certification, we consider whether Abraham's action for breach of contract is a "foreign cause of action" under Wisconsin's borrowing statute, Wis. Stat. § 893.07 (1993-94). [1] We hold that Abraham's cause of action is not "foreign" because the final significant event giving…”

Paynter v. Proassurance Wis. Ins. Co., 929 N.W.2d 113 (Wis. 2019). · cites it 26× “Hamp moved for summary judgment, arguing that the Paynters' claims are "foreign cause[s] of action" pursuant to Wisconsin's borrowing statute, Wis. Stat. § 893.07 (2015-16). 1 ¶4 Wisconsin's borrowing statute adopts the limitations rule of a foreign jurisdiction and applies it…”

Bell v. Employers Mut. Cas. Co., 541 N.W.2d 824 (Wis. Ct. App. 1995). · cites it 44× “The primary issue is whether the Iowa two-year statute of limitations for personal injury actions, made applicable to this action by § 893.07, STATS., [1] is extended by the provisions of § 102.”

Guertin v. Harbour Assurance Co. of Bermuda, 415 N.W.2d 831 (Wis. 1987). · cites it 12× “Krissman, moved to dismiss Guertin’s complaint claiming that his cause of action was barred under Wisconsin’s borrowing statute, sec. 893.07, Stats., by an Illinois two-year statute of limitations.”

Scott Ex Rel. Ricciardi v. First State Ins. Co., 456 N.W.2d 152 (Wis. 1990). · cites it 12× “The issue is whether sec. 893.07(1), Stats. 1987-88, "borrows" Alberta's period of limitation and bars this action or whether sec.”

Off. Supply Co., Inc. v. Basic/Four Corp., 538 F. Supp. 776 (E.D. Wis. 1982). · cites it 8× “07 provides in part: *781 “(1) If an action is brought in this state on a foreign cause of action and the foreign period of limitation which applies has expired, no action may be maintained in this state.”

Sharp Ex Rel. Gordon v. Case Corp., 595 N.W.2d 380 (Wis. 1999). · cites it 5× “Among other facts, it was established at trial that Case Corporation had on at least one prior occasion received notice of an injury caused by the tractor's self-start defect.”

Leverence v. United States Fid. & Guar., 462 N.W.2d 218 (Wis. Ct. App. 1990). · cites it 5× “, applies by virtue of Wisconsin's borrowing statute, sec. 893.07, Stats. Minnesota's repose statute provides that no action aris *91 ing out of a defective condition of an improvement to real property may be brought more than ten years after substantial completion of…”

Thimm v. Automatic Sprinkler Corp. of Am., 434 N.W.2d 842 (Wis. Ct. App. 1988). · cites it 10× “See sec. 893.07, Stats. Thimm’s interpolation of the Wisconsin and Illinois statutes engrafts upon the Illinois statute an extension which does not exist under Illinois law.”

Terranova v. Terranova, 883 F. Supp. 1273 (W.D. Wis. 1995). · cites it 10× “I agree and conclude that each of these tort claims is a foreign cause of action under § 893.07 because the economic effects were felt only in California, the place of plaintiffs’ residence.”

Paynter v. Proassurance Wis. Ins. Co., 911 N.W.2d 374 (Wis. Ct. App. 2018). · cites it 8× “The court noted that phrase "was not used by the legislature prior to the enactment of sec. 893.07, Stats., and is not expressly defined in that statute.”

Show all 40 citing cases →

— Wis. Stat. § 893.07(1) — 20 cases

Wenke Ex Rel. Laufenberg v. Gehl Co., 2004 WI 103 (Wis. 2004). “Section 893.07 is relatively straightforward: Application of foreign statutes of limitation.”

Scott Ex Rel. Ricciardi v. First State Ins. Co., 456 N.W.2d 152 (Wis. 1990). “The issue is whether sec. 893.07(1), Stats. 1987-88, "borrows" Alberta's period of limitation and bars this action or whether sec.”

Thimm v. Automatic Sprinkler Corp. of Am., 434 N.W.2d 842 (Wis. Ct. App. 1988). “See sec. 893.07, Stats. Thimm’s interpolation of the Wisconsin and Illinois statutes engrafts upon the Illinois statute an extension which does not exist under Illinois law.”

Abraham v. Gen. Cas. Co., 576 N.W.2d 46 (Wis. 1998). “On certification, we consider whether Abraham's action for breach of contract is a "foreign cause of action" under Wisconsin's borrowing statute, Wis. Stat. § 893.07 (1993-94). [1] We hold that Abraham's cause of action is not "foreign" because the final significant event giving…”

Off. Supply Co., Inc. v. Basic/Four Corp., 538 F. Supp. 776 (E.D. Wis. 1982). “07 provides in part: *781 “(1) If an action is brought in this state on a foreign cause of action and the foreign period of limitation which applies has expired, no action may be maintained in this state.”

— Wis. Stat. § 893.07(2) — 2 cases

Heather Gudex v. Franklin Collection Serv., Inc., 2026 WI 6 (Wis. 2026).

— Wis. Stat. § 893.07(4) — 1 case

Pierz v. Gorski, 276 N.W.2d 352 (Wis. Ct. App. 1979).

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