Chapter 806

CHAPTER 806

CIVIL PROCEDURE — JUDGMENT

806.01   Judgment.

806.02   Default judgment.

806.025   Payment of judgment in cases involving prisoners.

806.03   Judgment on admitted claim; order to satisfy.

806.04   Uniform declaratory judgments act.

806.05   Declaratory judgments against obscene matter.

806.06   Rendition, perfection and entry of judgment.

806.07   Relief from judgment or order.

806.08   Stay of proceedings to enforce a judgment.

806.09   Restitution in case of reversed judgment; purchaser for value.

806.10   Judgment and lien docket.

806.11   Delinquent income or franchise tax lien.

806.115   Filing of duplicate copy of warrant.

806.12   Transcript of municipal judge’s judgment.

806.13   Judgments entered in other counties.

806.14   Enforcement of real estate judgment in other counties.

806.15   Lien of judgment; priority; statute may be suspended.

806.16   Appellate court judgment, entry.

806.17   Entering federal judgments.

806.18   Assignment of judgment.

806.19   Satisfaction of judgments.

806.20   Court may direct satisfaction; refusal to satisfy.

806.21   Judgment satisfied not a lien; partial satisfaction.

806.22   Filing copy of satisfaction.

806.23   Action on judgment, when brought.

806.24   Uniform enforcement of foreign judgments act.

806.245   Indian tribal documents: full faith and credit.

806.25   No judgment without action.

806.30   Definitions.

806.31   Scope.

806.32   Variation by agreement.

806.33   Determining the money of the claim.

806.34   Determining the amount of the money of certain contract claims.

806.35   Asserting and defending a foreign-money claim.

806.36   Judgments and awards on foreign-money claims; times of money conversion; form of judgment.

806.37   Conversions of foreign money in a distribution proceeding.

806.38   Prejudgment and judgment interest.

806.39   Enforcement of foreign judgments.

806.40   Temporarily determining the U.S. dollar value of foreign-money claims for limited purposes.

806.41   Effect of currency revalorizations.

806.42   Supplementary general principles of law.

806.43   Uniformity of application and construction.

806.44   Short title.

Ch. 806 Note NOTE: This chapter was created by Sup. Ct. Order, 67 Wis. 2d 585 (1975), which contains explanatory notes. Statutes prior to the 1983-84 edition also contain these notes.

806.01 806.01 Judgment.

806.01(1) (1) 

806.01(1)(a) (a) A judgment is the determination of the action. It may be final or interlocutory.

806.01(1)(b) (b) Each judgment shall specify the relief granted or other determination of the action, and the name and place of residence of each party to the action.

806.01(1)(c) (c) Every final judgment shall grant the relief to which the party in whose favor it is rendered is entitled, even if the party has not demanded the relief in the pleadings. If there be no answer the relief granted to the plaintiff shall not exceed that demanded in the complaint. If the amount of money sought was excluded from the demand for judgment, as required under s. 802.02 (1m), the court shall require the plaintiff to specify the amount of money claimed and provide that information to the court and to the other parties prior to the court rendering judgment.

806.01(2) (2) If a partial judgment is proper in an action with several parties, the court in its discretion, may render judgment against one or more of the defendants and dismiss or permit the action to proceed against the others. In case of a finding substantially disposing of a claim on its merits, but leaving an account to be taken or a condition to be performed in order fully to determine the rights of the parties, an interlocutory judgment may be rendered disposing of all issues covered by the finding and reserving final judgment.

806.01 History History: Sup. Ct. Order, 67 Wis. 2d 585, 715 (1975); 1975 c. 218; 1985 a. 145; 1987 a. 256.

806.01 Annotation An order filed after verdict that gave the plaintiff the option of accepting a reduced judgment or a new trial limited to the issue of damages was not a “judgment” under this section. Collins v. Gee, 82 Wis. 2d 376, 263 N.W.2d 158 (1978).

806.01 Annotation Only the damages demanded may be awarded in a default judgment. Because the complaint did not contain a specific damage claim in accordance with s. 802.02 (1m), the plaintiff’s failure to serve an affidavit setting forth the amount of its claimed damages was grounds for reversing a default judgment. Stein v. Illinois State Assistance Commission, 194 Wis. 2d 775, 535 N.W.2d 101 (Ct. App. 1995).

806.01 Annotation While a written judgment clear on its face is not open to construction, the trial court has the authority to construe an ambiguous judgment to effectuate the trial court’s objective. A clarification is not a modification or amendment of the judgment. Because the judge who drafted the ambiguous language has a superior practical knowledge of its meaning, when the judge resolves an ambiguity based on the judge’s experience of the trial and uses a reasonable rationale, an appellate court is to affirm the clarification. Cashin v. Cashin, 2004 WI App 92, 273 Wis. 2d 754, 681 N.W.2d 255, 03-1010.

806.01 Annotation Use of a legal term of art is not necessary to incorporate documents. Documents may be incorporated in an order or other legal document without being physically attached to the document. Carney v. CNH Health & Welfare Plan, 2007 WI App 205, 305 Wis. 2d 443, 740 N.W.2d 625, 06-1529.

806.01 Annotation There need not be a specific injunction against the particular action to apply contempt sanctions to an order. An order or judgment that requires specific conduct, either to do, or to refrain from, specific actions, can be enforced by contempt. Neither s. 785.01 (1) nor case law requires that an order contain the specific term “enjoin” or “injunction” to allow the court to use contempt powers to enforce its orders, nor is the possibility of a separate civil action a bar to use of contempt to enforce a court order. Carney v. CNH Health & Welfare Plan, 2007 WI App 205, 305 Wis. 2d 443, 740 N.W.2d 625, 06-1529.