Wis. Stat. § 893.05
Current through Acts 2023-2024, ch. 272
When the period within which an action may be commenced on a Wisconsin cause of action has expired, the right is extinguished as well as the remedy.
Wis. Stat. § 893.05
The expiration of the limitations period extinguishes the cause of action of the potential plaintiff and it also creates a right enjoyed by the would-be defendant to insist on that statutory bar. A defendant, having acquired a right to assert the statute of limitations bar by operation of law, would suffer plain legal prejudice if a plaintiff's motion for voluntary dismissal were granted. Wojtas v. Capital Guardian Trust Co., 477 F.3d 924 (2007).