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Relief from (Civil) Judgment, § 806.07

State v. Larry J. Sprosty, 2001 WI App 231, PFR filed
For Sprosty: Jack E. Schairer, SPD, Madison Appellate

Issue: Whether the trial court erroneously exercised discretion in granting the state’s motion to vacate an SVP order for supervised release entered, but not implemented, almost four years earlier.

Holding: Under § 806.07(1)(h), there is no deadline for relieving a party from a judgment or order, so long as “extraordinary circumstances” are shown. ¶17. Such circumstances are shown here, and the circuit court therefore didn’t erroneously exercise discretion, where that court stressed the safety of childrenand the likelihood that Sprosty would reoffend. ¶¶18-25

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