Wis. Stat. § 893.15

Current through Acts 2023-2024, ch. 272
Section 893.15 - Effect of an action in a non-Wisconsin forum on a Wisconsin cause of action
(1) In this section "a non-Wisconsin forum" means all courts, state and federal, in states other than this state and federal courts in this state.
(2) In a non-Wisconsin forum, the time of commencement or final disposition of an action is determined by the local law of the forum.
(3) A Wisconsin law limiting the time for commencement of an action on a Wisconsin cause of action is tolled from the period of commencement of the action in a non-Wisconsin forum until the time of its final disposition in that forum.
(4) Subsection (3) does not apply to an action commenced on a Wisconsin cause of action in a non-Wisconsin forum after the time when the action is barred by a law of the forum limiting the time for commencement of an action.
(5) If an action is commenced in a non-Wisconsin forum on a Wisconsin cause of action after the time when the Wisconsin period of limitation has expired but before the foreign period of limitation has expired, the action in the non-Wisconsin forum has no effect on the Wisconsin period of limitation.

Wis. Stat. § 893.15

1979 c. 323.

A voluntarily dismissed federal action does not toll the Wisconsin statute of limitations. A voluntarily dismissed federal action is a nullity, having no effect on a statute of limitations. Culbert v. Ciresi, 2003 WI App 158, 266 Wis. 2d 189, 667 N.W.2d 825, 02-3320.