Determination of where a defendant resides or does substantial business for purposes of venue, the official text

2025 - 2026 LEGISLATURE
LRB-2747/1
JPC&SWB:amn

2025 ASSEMBLY BILL 225
April 23, 2025 - Introduced by Representatives Duchow, Allen, Brooks, Kreibich, Maxey and O'Connor, cosponsored by Senators Feyen, Marklein and Quinn. Referred to Committee on Insurance.

An Act to create 801.50 (3c) and 801.50 (3g) of the statutes; relating to: determination of where a defendant resides or does substantial business for purposes of venue.

Analysis by the Legislative Reference Bureau
Under current law, with certain exceptions, venue in civil actions or special proceedings must be in either the county where the claim arose, the county where the real or tangible personal property, or some part thereof, which is the subject of the claim is situated, the county where a defendant resides or does substantial business, or, if none of the foregoing apply, in any county designated by the plaintiff. This bill provides that, for the purposes of determining whether a county is a proper venue based on where a defendant resides or does substantial business, a court may not consider the participation of a party joined to the civil action or special proceeding because their joinder is needed for just and complete adjudication, as provided under current law, or a party joined to the civil action or special proceeding whose joinder is permissive, as provided under current law. Further, this bill provides that, for the purposes of determining where a business entity resides or does substantial business, a business entity shall be deemed to reside in the place of incorporation or organization and shall be deemed to do substantial business only in the county of its principal place of business.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

Section 1. 801.50 (3c) of the statutes is created to read:
801.50 (3c) In determining whether a county is a proper venue under sub. (2) (c), the court may not consider the participation of any of the following:
(a) A party joined to the civil action or special proceeding pursuant to s. 803.03.
(b) An insurer joined to the civil action or special proceeding pursuant to s. 803.04.
Section 2. 801.50 (3g) of the statutes is created to read:
801.50 (3g) For the purposes of sub. (2) (c), a corporation, limited liability company, or other business entity shall be deemed to reside in the place of incorporation or organization, and a corporation, limited liability company, or other business entity shall be deemed to be doing substantial business only in the county of its principal place of business.
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