Change in Wisconsin Venue Law

Wisconsin Act 61 changed the law in Wisconsin regarding where a lawsuit is venued. Adjunct Professor Erin O’Connor recently wrote this article on the change in the law and its implications for Wisconsin litigation.

The new law affects both where a case may initially be venued, as well as where an appeal may be brought. Professor O’Connor notes in her article that as a general matter, “a plaintiff can file its action against the state in any county – including counties having no connection to the defendant, the plaintiff, or the cause of action.”

With regard to appeals, under the new law, a party seeking an appeal may not file the appeal in the same court of appeals district where the case was originally venued at the circuit court. However, the party may choose among the remaining three Wisconsin court of appeals districts.


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