Chapter 893, LIMITATIONS OF COMMENCEMENT OF ACTIONS AND PROCEEDINGS; PROCEDURE FOR CLAIMS AGAINST GOVERNMENTAL UNITS

893.01 Civil actions; objection as to time of com- 893.04 Computation of period within which action mencing. Civil actions may be commenced only within the pe- may be commenced. Unless otherwise specifically preriods prescribed in this chapter, except when, in special cases, a sc…

893.02 Action, when commenced. Except as provided in s. 893.415 (3), an action is commenced, within the meaning of any provision of law which limits the time for the commencement of an action, as to each defendant, when the summons naming the defendant and the complaint are filed…

893.03 Presenting claims. The presentation of any claim, in cases where by law such presentment is required, to the circuit court shall be deemed the commencement of an action within the meaning of any law limiting the time for the commencement of an action thereon. History: 1977…

893.04 Computation of period within which action may be commenced. Unless otherwise specifically prescribed by law, a period of limitation within which an action may be commenced is computed from the time that the cause of action accrues until the action is commenced.

893.05 Relation of statute of limitations to right and remedy. When the period within which an action may be commenced on a Wisconsin cause of action has expired, the right is extinguished as well as the remedy. History: 1979 c. 323. Judicial Council Committee’s Note, 1979: This …

893.07 Application of foreign statutes of limitation. (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. (2) If an action is brought in this state on a f…

893.10 Actions, time for commencing. The period within which an action may be commenced shall not be considered to have expired when the court before which the action is pending is satisfied that the person originally served knowingly gave false information to the officer with in…

893.11 Extension of time if no person to sue. The fact that there is no person in existence who is authorized to bring an action on a cause of action at the time it accrues shall not extend the time within which, according to this chapter, an action may be commenced upon the caus…

893.12 Advance payment of damages; limitation extended. The period fixed for the limitation for the commencement of actions, if a payment is made as described in s. 885.285 (1), shall be either the period of time remaining under the original statute of limitations or 3 years from…

893.13 Tolling of statutes of limitation. (1) In this section and ss. 893.14 and 893.15 “final disposition” means the end of the period in which an appeal may be taken from a final order or judgment of the trial court, the end of the period within which an order for rehearing can…

893.135 Tolling of statute of limitations for marital property agreements. Any statute of limitations applicable to an action to enforce a marital property agreement under ch. 766 is tolled as provided under s. 766.58 (13). History: 1985 a. 37; 1987 a. 393. 893.137 Tolling of sta…

893.137 Tolling of statute of limitations for certain time-share actions. 893.14 Limitation on use of a right of action as a defense or counterclaim. 893.15 Effect of an action in a non-Wisconsin forum on a Wisconsin cause of action. 893.16 Person under disability. 893.17 Transit…

893.14 Limitation on use of a right of action as a defense or counterclaim. Unless otherwise specifically prescribed by law, the period within which a cause of action may be used as a defense or counterclaim is computed from the time of the accrual of the cause of action until th…

893.15 Effect of an action in a non-Wisconsin forum on a Wisconsin cause of action. (1) In this section “a nonWisconsin forum” means all courts, state and federal, in states other than this state and federal courts in this state. (2) In a non-Wisconsin forum, the time of commence…

893.16 Person under disability. (1) If a person entitled to bring an action is, at the time the cause of action accrues, either under the age of 18 years, except for actions against health care providers; or mentally ill, the action may be commenced within 2 years after the disab…

893.17 Transition; limitation if disability exists; temporary. (1) This section does not apply to a cause of action which accrues on or after July 1, 1980. (2) Except as provided in sub. (2m), if a person entitled to commence any action for the recovery of real property or to mak…

893.18 Transition; persons under disability. (1) This section does not apply to a cause of action which accrues on or after July 1, 1980 or to s. 893.41, 893.59, 893.62, 893.73 to 893.76, 893.77 (3), 893.86 or 893.91 or subch. VIII. (2) Except as provided in sub. (2m), and except…

893.19 Limitation when person out of state. (1) If a person is out of this state when the cause of action accrues against the person an action may be commenced within the terms of this chapter respectively limited after the person returns or removes to this state. But the foregoi…

893.20 Application to alien enemy. When a person is an alien subject or citizen of a country at war with the United States the time of the continuance of the war is not a part of the time limited for the commencement of the action. History: 1979 c. 323. Judicial Council Committee…

893.21 Effect of military exemption from civil process. The time during which any resident of this state has been exempt from the service of civil process on account of being in the military service of the United States or of this state, shall not be taken as any part of the time…

893.22 Limitation in case of death. If a person entitled to bring an action dies before the expiration of the time limited for the commencement of the action and the cause of action survives, an action may be commenced by the person’s representatives after the expiration of that …

893.23 When action stayed. When the commencement of an action is stayed by injunction or statutory prohibition the time of the continuance of the injunction or prohibition is not part of the time limited for the commencement of the action. History: 1979 c. 323. Judicial Council C…

893.24 Adverse possession; section lines. (1) A written instrument or judgment that declares the boundaries of real estate adversely possessed under s. 893.29, 1995 stats., or s. 893.25, 893.26 or 893.27 does not affect any section line or any section subdivision line established…

893.25 Adverse possession, not founded on written instrument. (1) An action for the recovery or the possession of real estate and a defense or counterclaim based on title to real estate are barred by uninterrupted adverse possession of 20 years, except as provided by s. 893.14 an…

893.26 Adverse possession, founded on recorded written instrument. (1) An action for the recovery or the possession of real estate and a defense or counterclaim based upon title to real estate are barred by uninterrupted adverse possession of 10 years, except as provided by s. 89…

893.27 Adverse possession; founded on recorded title claim and payment of taxes. (1) An action for the recovery or the possession of real estate and a defense or counterclaim based upon title to real estate are barred by uninterrupted adverse possession of 7 years, except as prov…

893.28 Prescriptive rights by adverse user. (1) Continuous adverse use of rights in real estate of another for at least 20 years, except as provided in s. 893.29 establishes the prescriptive right to continue the use. Any person who in connection with his or her predecessor in in…

893.29 No adverse possession by or against the state or political subdivisions. (1) Except as provided in sub. (2) (b), no title to or interest in real property belonging to the state or a city, village, town, county, school district, sewerage commission, sewerage district or any…

893.30 Presumption from legal title. In every action to recover or for the possession of real property, and in every defense based on legal title, the person establishing a legal title to the premises is presumed to have been in possession of the premises within the time required…

893.305 Affidavit of interruption; adverse possession and prescriptive use. 893.31 Tenant’s possession that of landlord. 893.32 Entry upon real estate, when valid as interruption of adverse possession. 893.33 Action concerning real estate. 893.34 Immunity for property owners. 893…

893.31 Tenant’s possession that of landlord. When- 30 years from the date of recording the time in which any action, ever the relation of landlord and tenant exists between any per- defense or counterclaim founded upon the written instrument or sons the possession of the tenant i…

893.32 Entry upon real estate, when valid as interruption of adverse possession. No entry upon real estate is sufficient or valid as an interruption of adverse possession of the real estate unless an action is commenced against the adverse possessor within one year after the entr…

893.33 Action concerning real estate. 893.33(1)(1) In this section “purchaser” means a person to whom an estate, mortgage, lease or other interest in real estate is conveyed, assigned or leased for a valuable consideration. 893.33(2)(2) Except as provided in subs. (5) to (9), no …

893.34 Immunity for property owners. No suit may be brought against any property owner who, in good faith, terminates a tenancy as the result of receiving a notice from a law enforcement agency under s. 704.17 (1p) (c), (2) (c) or (3) (b). History: 1993 a. 139; 2017 a. 317, s. 54…

893.35 Action to recover personal property. An action to recover personal property shall be commenced within 6 years after the cause of action accrues or be barred. The cause of action accrues at the time the wrongful taking or conversion occurs, or the wrongful detention begins.…

893.36 Secured livestock. (1g) In this section: (a) “Buyer in ordinary course of business” has the meaning provided by s. 401.201 (2) (em). (b) “Collateral” has the meaning provided by s. 409.102 (1) (cs). (c) “Debtor” has the meaning provided by s. 409.102 (1) (gs). (d) “Market …

893.37 Survey. No action may be brought against an engineer or any professional land surveyor, as defined in s. 443.01 (7m), to recover damages for negligence, errors, or omission in the making of any survey nor for contribution or indemnity related to such negligence, errors, or…

893.38 Extension of certain approvals. (1) DEFINITIONS. In this section: (a) “Challenged permit” means a permit or other approval to which all of the following apply: 1. The permit or other approval authorizes a construction project. 2. The application for the permit or other app…

893.40 Action on judgment or decree; court of record. Except as provided in ss. 846.04 (2) and (3) and 893.415, action upon a judgment or decree of a court of record of any state or of the United States shall be commenced within 20 years after the judgment or decree is entered or…

893.41 Breach of contract to marry; action to recover property. An action to recover property procured by fraud by a party in representing that he or she intended to marry the party providing the property and not breach the contract to marry, to which s. 768.06 applies, shall be …

893.415 Action to collect support. 893.42 Action on a judgment of court not of record.

893.42 Action on a judgment of court not of record. An action upon a judgment of a court not of record shall be commenced within 6 years of entry of judgment or be barred. History: 1979 c. 323. Judicial Council Committee’s Note, 1979: This section is previous s. 893.19 (1) renumb…

893.425 Voidable transfers and obligations. 893.43 Action on contract. 893.44 Compensation for personal service. 893.45 Acknowledgment or new promise. 893.46 Acknowledgment, who not bound by. 893.47 Actions against parties jointly liable. 893.48 Payment, effect of, not altered. 8…

893.43 Action on contract. (1) Except as provided in sub. (2), an action upon any contract, obligation, or liability, express or implied, including an action to recover fees for professional services, except those mentioned in s. 893.40, shall be commenced within 6 years after th…

893.44 Compensation for personal service. (1) Any action to recover unpaid salary, wages or other compensation for personal services, except actions to recover fees for professional services and except as provided in sub. (2), shall be commenced within 2 years after the cause of …

893.45 Acknowledgment or new promise. No acknowledgment or promise shall be sufficient evidence of a new or continuing contract, whereby to take the cause out of the operation of this chapter, unless the same be contained in some writing signed by the party to be charged thereby.…

893.46 Acknowledgment, who not bound by. If there are 2 or more joint contractors or joint personal representatives of any contractor, no such joint contractor or joint personal representative shall lose the benefit of this chapter so as to be chargeable by reason only of any ack…

893.47 Actions against parties jointly liable. In actions commenced against 2 or more joint contractors or joint personal representatives of any contractors, if it shall appear, on the trial or otherwise, that the plaintiff is barred by this chapter as to one or more of the defen…

893.48 Payment, effect of, not altered. Nothing contained in ss. 893.44 to 893.47 shall alter, take away or lessen the effect of a payment of any principal or interest made by any person, but no endorsement or memorandum of any such payment, written or made upon any promissory no…

893.49 Payment by one not to affect others. If there are 2 or more joint contractors or joint personal representatives of any contractor, no one of them shall lose the benefit of this chapter so as to be chargeable by reason only of any payment made by any other of them. History:…