801.63 Stay of proceeding to permit trial in a foreign forum.

354 words·~2 min read·/wi/chapter-801/801-63

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

(1)Stay on initiative of parties. If a court of this state, on motion of any party, finds that trial of an action pending before it should as a matter of substantial justice be tried in a forum outside this state, the court may in conformity with sub.

(3)enter an order to stay further proceedings on the action in this state. A moving party under this subsection must stipulate consent to suit in the alternative forum and waive right to rely on statutes of limitation which may have run in the alternative forum after commencement of the action in this state. A stay order may be granted although the action could not have been commenced in the alternative forum without consent of the moving party.

(2)Time for filing and hearing motion. The motion to stay the proceedings shall be filed prior to or with the answer unless the motion is to stay proceedings on a cause raised by counterclaim, in which instance the motion shall be filed prior to or with the reply. The issues raised by this motion shall be tried to the court in advance of any issue going to the merits of the action and shall be joined with objections, if any, raised by answer or motion pursuant to s. 802.06

(2). The court shall find separately on each issue so tried and these findings shall be set forth in a single order.

(3)Scope of trial court discretion on motion to stay proceedings. The decision on any timely motion to stay proceedings pursuant to sub.

(1)is within the discretion of the court in which the action is pending. In the exercise of that discretion the court may appropriately consider such factors as:

(a)Amenability to personal jurisdiction in this state and in any alternative forum of the parties to the action;

(b)Convenience to the parties and witnesses of trial in this state and in any alternative forum;

(c)Differences in conflict of law rules applicable in this state and in any alternative forum; or