801.50.Venue in civil actions or special proceedings.
Ch. 801: Commencement of Action and Venue · Last amended 2017 · Last verified July 15, 2026
Full Text of Section 801.50
Official Notes
Cross-reference: See s. 813.02 (4) for an exception to sub. (1) as to venue.
Judicial Council Note, 1983: Sub. (1) is designed to separate questions of venue from questions of jurisdiction and competency. A defect in venue is not jurisdictional and does not affect the competence of the court. The cure for a defect in venue is to change the place of trial. Sub. (2) liberalizes the present venue statute by providing the plaintiff with a broader range of initial venue choices. This subsection also deletes many of the archaic distinctions in the former statute. The following list contains many, but not all, of the specialized venue provisions not found in chapter 801: s. 48.185 (children’s code proceedings); s. 48.83 (adoption of minors); s. 51.45 (13) (n) (civil mental commitments); s. 52.10 (11) (proceedings under the uniform reciprocal enforcement of support act) [s. 52.10 (11) was renumbered s. 767.65 (11) and subsequently repealed by 1993 Wis. Act 326, which created ch. 769, the uniform interstate family support act]; s. 77.12 (forest croplands tax act); s. 111.60 (Wisconsin employment relations act); s. 144.73 (4) [now s. 291.95 (4)] (hazardous waste act); s. 185.44 (1) (cooperative contracts); s. 195.07 (railroad regulation act); s. 196.44 (3) (public utilities regulation act); s. 198.12 (2) (municipal power and water district act); s. 215.02 (5) (savings and loan association act); s. 227.16 (1) (administrative procedure act); s. 232.38 (solid waste recycling authority act); s. 234.22 (housing finance authority act); s. 345.31 (motor vehicle act); s. 421.401 (Wisconsin consumer act); s. 645.04 (1) (insurers rehabilitation and liquidation act); [s. 655.19 (health care liability and patients compensation)]; s. 701.14 (4) (living trusts); s. 752.21 (court of appeals); s. 753.065 (naturalization proceedings); s. 757.89 (Wisconsin judicial commission); s. 776.13 (annulment of corporate charters); s. 779.20 (log liens); s. 799.11 (small claims actions); s. 800.15 (municipal court appeals); s. 880.05 (guardianship actions); s. 882.03 (adult adoptions); s. 971.19 (criminal proceedings); s. 979.01 (inquests of the dead); s. 23.90 (conservation act); s. 45.50 (3) (soldiers and sailors civil relief); and s. 753.34 (5) (Menominee and Shawano counties). Sub. (3) remains the same in substance. Subs. (4) and (5) remain unchanged. Sub. (6) recognizes the authority of the judge to change venue under s. 801.52. [Bill 324-S] Discussing “substantial business” under sub. (2) (c). Enpro Assessment Corp. v. Enpro Plus, Inc., 171 Wis. 2d 542, 492 N.W.2d 325 (Ct. App. 1992). “Where the liberty of the plaintiff is restrained” under sub. (4) (b) is the county where the plaintiff is confined. State ex rel. Frederick v. McCaughtry, 173 Wis. 2d 222, 496 N.W.2d 177 (Ct. App. 1992).
Plain-English Summary
Section 801.50 answers where, not whether, a Wisconsin civil case can be filed. It opens by making clear that getting venue wrong isn’t fatal to the case: a defect in venue doesn’t affect the validity of any order or judgment, even if the case was filed in the wrong county. The default rule for choosing the right county gives the plaintiff several qualifying options rather than a strict hierarchy — proper venue exists in the county where the claim arose, the county where the property at issue is located, or the county where a defendant resides or does substantial business. Only if none of those describes any Wisconsin county does the plaintiff get to pick freely from among all the state’s counties.
A separate set of rules governs actions against the state itself. When the state, a state board or commission, or a state officer, employee, or agent in an official capacity is the sole defendant, venue generally follows the plaintiff’s choice of county, unless another venue is specifically authorized by law. That general rule bends for two situations spelled out in the section: challenges to the validity of an administrative rule or guidance document follow a separate venue statute, and an action a prisoner brings where the sole defendant is the state or a state officer, employee, or agent must be venued in Dane County, again unless another venue is specifically authorized.
The bulk of the remaining subsections address specialized case types, each with its own venue rule: habeas corpus actions (tied to where the plaintiff was convicted, sentenced, or is currently restrained), challenges to legislative or congressional apportionment, certiorari review of probation, extended supervision, or parole decisions, consumer credit transactions, environmental pollution actions, domestic abuse and harassment injunctions (which allow broader venue options for petitioners who are victim advocates, court employees, attorneys, or law enforcement officers, among others), and certain forfeiture actions tied to elections, ethics, or lobbying violations. The section closes by confirming that venue set under this section can still be changed under the discretionary change-of-venue rule elsewhere in the chapter.
Frequently Asked Questions
Does filing a Wisconsin lawsuit in the wrong county void the judgment?
No. Section 801.50 states that a defect in venue does not affect the validity of any order or judgment, even though the case should have been venued elsewhere.
What is the default rule for choosing the proper county to file a civil lawsuit in Wisconsin?
Section 801.50 allows proper venue in the county where the claim arose, the county where the affected real or personal property is located, or the county where a defendant resides or does substantial business. Only if none of those applies does the plaintiff get to choose any county in the state.
Where must a lawsuit be venued if the state of Wisconsin is the only defendant?
Section 801.50 generally lets the plaintiff designate the county, unless another venue is specifically authorized by law, though it carves out separate venue rules for challenges to administrative rules and for prisoner actions against the state, which must be venued in Dane County.
Where is a habeas corpus action venued in Wisconsin?
Section 801.50 ties venue to the county where the plaintiff was convicted or sentenced, if the action seeks relief from that conviction or sentence, or to the county where the plaintiff’s liberty is currently restrained for any other kind of habeas claim.
Does this section allow venue for a domestic abuse injunction to be filed somewhere other than where the abuse happened?
Yes, in some circumstances. Section 801.50 generally ties venue for a domestic abuse action to where the cause of action arose or where the petitioner or respondent resides, but it allows broader venue, within a 100-mile radius of the petitioner’s county, for petitioners in certain professional roles, such as victim advocates, court employees, attorneys, and law enforcement officers, among others listed in the section.
Amendment History
History: 1983 a. 204, 228, 389, 538; 1985 a. 234, 291; 1987 a. 208; 1993 a. 318, 319; 1997 a. 283; 1999 a. 150 s. 672; 2001 a. 30 s. 108; 2001 a. 109; 2007 a. 1; 2009 a. 28, 42, 261; 2011 a. 21, 38, 39, 61; 2017 a. 302, 369.