806.07 Relief from judgment or order.

313 words·~1 min read·/wi/chapter-806/806-07-2

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

(1)On motion and upon such terms as are just, the court, subject to subs.

(2)and

(3), may relieve a party or legal representative from a judgment, order or stipulation for the following reasons:

(a)Mistake, inadvertence, surprise, or excusable neglect;

(b)Newly-discovered evidence which entitles a party to a new trial under s. 805.15

(3);

(c)Fraud, misrepresentation, or other misconduct of an adverse party;

(d)The judgment is void;

(e)The judgment has been satisfied, released or discharged;

(f)A prior judgment upon which the judgment is based has been reversed or otherwise vacated;

(g)It is no longer equitable that the judgment should have prospective application; or

(h)Any other reasons justifying relief from the operation of the judgment.

(2)The motion shall be made within a reasonable time, and, if based on sub.

(a)or

(c), not more than one year after the judgment was entered or the order or stipulation was made. A motion based on sub.

(b)shall be made within the time provided in s. 805.16 . A motion under this section does not affect the finality of a judgment or suspend its operation. This section does not limit the power of a court to entertain an independent action to relieve a party from judgment, order, or proceeding, or to set aside a judgment for fraud on the court.

(3)A motion under this section may not be made by an adoptive parent to relieve the adoptive parent from a judgment or order under s. 48.91

(3)granting adoption of a child. A petition for termination of parental rights under s. 48.42 and an appeal to the court of appeals shall be the exclusive remedies for an adoptive parent who wishes to end his or her parental relationship with his or her adoptive child.