801.08 Objection to personal jurisdiction.

291 words·~1 min read·/wi/chapter-801/801-08

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)All issues of fact and law raised by an objection to the court’s jurisdiction over the person or property as provided by s. 802.06

(2)shall be heard by the court without a jury in advance of any issue going to the merits of the case. If, after such a hearing on the objection, the court decides that it has jurisdiction, the case may proceed on the merits; if the court decides that it lacks jurisdiction, the defendant shall be given the relief required by such decision.

(2)Factual determinations made by the court in determining the question of personal jurisdiction over the defendant shall not be binding on the parties in the trial of the action on the merits.

(3)No guardian or guardian ad litem may, except as provided in this subsection, waive objection to jurisdiction over the person of the ward. If no objection to the jurisdiction of the court over the person of the ward is raised pursuant to s. 802.06

(2), the service of an answer or motion by a guardian or guardian ad litem followed by a hearing or trial shall be equivalent to an appearance and waiver of the defense of lack of jurisdiction over the person of the ward.

801.08 Note Judicial Council Note, 1981: The last sentence of sub.

(1)has been repealed because it erroneously implied that non-final orders deciding jurisdictional questions were appealable as of right. This has not been true since ch. 187, Laws of 1977 repealed s. 817.33

(3)(f), Wis. Stats.

(1975)and created s. 808.03 (1), Wis. Stats. (1977). Heaton v. Independent Mortuary Corp. 97 Wis. 2d 379 , 294 N.W.2d 15 (1980). [Re Order effective July 1, 1981]