800.115 Relief from judgment. - Wisconsin Statutes

800.115

800.115 Relief from judgment.

800.115(1)

(1) A defendant may within 6 months after the judgment is entered move for relief from the judgment because of mistake, inadvertence, surprise, or excusable neglect.

800.115(2)

(2) Any party, including the court on its own motion, may at any time move to reopen the judgment under s. 806.07 (1) (c), (d), (g), or (h).

800.115(3)

(3) Nothing in this section shall prevent the parties from stipulating and the court approving the reopening of a judgment for any other reason justifying relief from operation of the judgment.

800.115(4)

(4) The court may impose costs on the motion as allowed under s. 814.07.

800.115(5)

(5) Upon receiving or making a motion under this section, the court shall provide notice to all parties and schedule a hearing on the motion.

800.115 - ANNOT.

NOTE: This section is shown as repealed and recreated eff. 1-1-11 by 2009 Wis. Act 402. Prior to 1-1-11 it reads:

800.115 - ANNOT.

800.115 Relief from judgment. (1) A defendant in an action involving a general statutory counterpart ordinance may move for relief from the judgment under s. 806.07 (1). Except as provided under sub. (2), the motion must be made no later than 6 months after the judgment was entered or the order or stipulation was made.

800.115 - ANNOT.

(2) A defendant may move for relief from a judgment entered under s. 800.09 at any time for any of the grounds listed under s. 806.07 (1) (f), (g) or (h).

800.115 - ANNOT.

History: 1987 a. 389; 2009 a. 402.

800.115 - ANNOT.

Only a defendant may seek relief under this section. However a municipal court has the inherent authority to vacate a void judgment irrespective of the statute's requirements for reopening a judgment. City of Kenosha v. Jensen, 184 Wis. 2d 91, 516 N.W.2d 4 (Ct. App. 1994).