reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 801 - Civil procedure — commencement of action and venue. › 801.20 - When documents may be filed as confidential.

801.20
When documents may be filed as confidential.
(1)
The director of state courts shall maintain a list of commonly-filed documents made confidential by statutes, court rules and case law, and shall make this list publicly available. Documents on the list may be submitted by a party without a motion or court order and will be automatically treated by the court as confidential.
(2)
A filing party is responsible for properly identifying a document as confidential at the time it is filed. The court is not required to review documents to determine if the documents are confidential in nature.
History:  Sup. Ct. Order No. 14-04, 2015 WI 89, 364 Wis. 2d xv.
NOTE:  Sup. Ct. Order No. 14-04 states: “Comments to Wis. Stat. ss. 801.19, 801.20, and 801.21 are not adopted, but will be published and may be consulted for guidance in interpreting and applying the statute."
Comment, 2015. Confidentiality of court documents is often an area of confusion for the public, lawyers, and court-related professionals. This problem can be addressed by publishing a list of commonly-filed documents that the court will automatically treat as confidential without a motion because they are protected by statutes, court rules, or case law. The filing party must properly identify the document at the time it is filed. Court staff are not required to review documents to determine confidentiality.
2023 Wisconsin Statutes & Annotations › Chapter 801 - Civil procedure — commencement of action and venue. › 801.51 - Challenges to improper venue.

801.51
Challenges to improper venue.
Any party may challenge venue, on the grounds of noncompliance with s. 801.50 or any other statute designating proper venue, by filing a motion for change of venue:
(1)
At or before the time the party serves his or her first motion or responsive pleading in the action.
(2)
After the time set forth in sub. (1), upon a showing that despite reasonable diligence, the party did not discover the grounds therefor at or before that time.
History:  1983 a. 228.
Judicial Council Note, 1983: This section sets forth the procedure for challenging the plaintiff's initial choice of venue on the grounds that it fails to comply with the provisions of s. 801.50 or any other statute specifying proper venue. The former statute's 2-stage proceeding was unnecessary and tended to create confusion for unwary litigants. [Bill 324-S]
This section and s. 801.50, the general venue statutes, do not apply to actions arising from consumer credit transactions. Rather, the venue provision in s. 421.401 applies. Brunton v. Nuvell Credit Corp., 2010 WI 50, 325 Wis. 2d 135, 785 N.W.2d 302, 07-1253.
2023 Wisconsin Statutes & Annotations › Chapter 801 - Civil procedure — commencement of action and venue. › 801.52 - Discretionary change of venue.

801.52
Discretionary change of venue.
The court may at any time, upon its own motion, the motion of a party or the stipulation of the parties, change the venue to any county in the interest of justice or for the convenience of the parties or witnesses, except that venue in a civil action to impose a forfeiture for a violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 or for a violation of any other law arising from or in relation to the official functions of the subject of the investigation or any matter that involves elections, ethics, or lobbying regulation under chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19, may be changed only as provided in s. 971.223 (1) and (2) or in the same manner that is authorized for a change in the venue of a criminal trial under s. 971.22. This section does not apply to proceedings under ch. 980.
History:  1983 a. 228; 2005 a. 434; 2007 a. 1; 2009 a. 180.
Judicial Council Note, 1983: This section authorizes grounds for changing venue beyond the failure to comply with s. 801.50. It permits the court to apply traditional forum non conveniens principles to requests for discretionary change of venue. The court has discretion to change venue to any county in the state. [Bill 324-S]
A plaintiff must first comply with the requirements for venue in s. 801.50 (2). If venue is proper, only then may a circuit court exercise its discretion under this section to change venue to another county. In this case, because venue was not proper in Milwaukee County, the circuit court erred when it applied this section to keep the case in Milwaukee County. Salachna v. Edgebrook Radiology, 2021 WI App 76, 399 Wis. 2d 759, 966 N.W.2d 923, 20-1062.
2023 Wisconsin Statutes & Annotations › Chapter 801 - Civil procedure — commencement of action and venue. › 801.53 - Determination of motion for change of venue.

801.53
Determination of motion for change of venue.
Motions under ss. 801.51 and 801.52 shall be determined on the basis of proofs submitted by the parties unless the court orders a hearing or oral argument. Oral argument shall be heard by telephonic conference unless the court otherwise orders for cause shown.
History:  1983 a. 228.
Judicial Council Note, 1983: The provisions of the prior statute are revised in new s. 801.51. Motions under s. 801.51 are rarely contested and usually decided on affidavit. As on other nonevidentiary motions, oral argument should, if desired, be heard by 3-way or conference telephone call. Motions under s. 801.52, while requiring a factual foundation, usually are based not on dispute of fact but on balance of equities. Unless good cause to the contrary is advanced, arguments should be heard by 3-way or telephonic conference call. [Bill 324-S]
2023 Wisconsin Statutes & Annotations › Chapter 801 - Civil procedure — commencement of action and venue. › 801.56 - Change of venue if judge disqualified by interest.

801.56
Change of venue if judge disqualified by interest.
When the judge is a party or interested in any action in the judge's court or is related to or has been of counsel for either party, the court or the presiding judge thereof shall, upon application of either party, and may without such application, change the place of trial or call in another judge as provided in s. 801.58. The fact that the judge is a taxpayer does not disqualify the judge.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 757, 777 (1975); 1975 c. 218; Stats. 1975 s. 801.56.
2023 Wisconsin Statutes & Annotations › Chapter 801 - Civil procedure — commencement of action and venue. › 801.59 - Assigned judge.

801.59
Assigned judge.
In any case where another judge has been assigned under s. 751.03 to hear a particular action or proceeding, the clerk of circuit court shall forthwith notify all parties to the action or proceeding, by mail or telephone, noting in the case file the time notice was sent or given and, if notice is given by telephone, the person with whom he or she spoke. If a written request for a substitution of a new judge is filed with regard to an assigned judge, it shall be filed within 7 days after notice of the assignment has been received. A copy of the written request shall be mailed forthwith to all parties and to the named judge.
History:  1971 c. 296; Sup. Ct. Order, 67 Wis. 2d 585, 757 (1975); 1977 c. 187 s. 135; Sup. Ct. Order, 141 Wis. 2d xiii (1987).
Judicial Council Note, 1988: This section is amended by allowing notice of a newly assigned judge to be given to the parties by telephone. Notation of the time of notice is required for purposes of s. 801.58 (1). [Re Order effective Jan. 1, 1988]
2023 Wisconsin Statutes & Annotations › Chapter 801 - Civil procedure — commencement of action and venue. › 801.61 - Proceedings after order for change of venue.

801.61
Proceedings after order for change of venue.
When the place of trial is changed all process, pleadings and other papers, and copies of all entries and minutes of the clerk in such action shall be certified and transmitted by such clerk to the clerk of the court to which the trial is changed, with a statement of fees. Such fees shall be paid before transmission by the party procuring such change, except in the case mentioned in s. 801.51, in which case the plaintiff shall pay such fees and the change shall be complete on the making of the order. The change, in other cases, shall be complete on filing the papers transmitted. If such transmission and filing be not made within 20 days from the making of the order to change the place of trial, unless such time be extended, the moving party shall lose the right to the change except in the case mentioned in s. 801.51, and no order for a change for the same cause shall thereafter be made and the moving party shall pay the costs of the application within 10 days after the expiration of said 20 days; but the other party may, within 40 days from the time of making of the order granting the change, pay the clerk fees and have the papers certified and transmitted to the court mentioned in such order.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 757 (1975), 777; 1975 c. 218, 422; Stats. 1975 s. 801.61; 1983 a. 228 s. 16.
2023 Wisconsin Statutes & Annotations › Chapter 801 - Civil procedure — commencement of action and venue. › 801.62 - Conclusiveness of change of venue; second motion.

801.62
Conclusiveness of change of venue; second motion.
After trial in the court to which the action has been changed, the proceedings for the change shall be conclusive unless a motion to remand was made before the trial commences. If after the transmission of the papers an order changing the place of trial is reversed or set aside the effect shall be to change the place of trial back. After the transmission of the papers back to the original court on the reversal or setting aside of the order, a party may renew the application for a change of venue within 20 days. The renewed application shall be treated as the original application.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 757 (1975); 1975 c. 218; Stats. 1975 s. 801.62; 1977 c. 449.
2023 Wisconsin Statutes & Annotations › Chapter 801 - Civil procedure — commencement of action and venue. › 801.64 - Legislative findings; 2007 Wisconsin Act 1.

801.64
Legislative findings;
2007 Wisconsin Act 1
.
The legislature finds that providing under 2007 Wisconsin Act 1 for the place of trial in the county where the offender resides is consistent with the legislature's authority under article I, section 7, of the constitution and with previous acts by the legislature providing for the place of trial in counties other than where the elements of the offense may have occurred. The legislature further finds that allowing defendants charged with violating offenses covered by 2007 Wisconsin Act 1 to request a trial in the county where the offense occurred is consistent with the protections in article I, section 7, of the constitution. The legislature finds that violations of offenses covered by 2007 Wisconsin Act 1 are violations of the public trust that should be adjudicated in the county where the offender resides so the individuals who the defendant interacts with daily, serves, or represents as a public official or candidate and whose trust was violated by the offense will judge the defendant's guilt or innocence. The legislature further finds that to so provide is consistent with equal protection of the laws under article I, section 1, of the constitution. The legislature finds the venue provision in 2007 Wisconsin Act 1 represents an appropriate balance between the rights of the defendant and the need to prevent and prosecute civil and criminal offenses covered by 2007 Wisconsin Act 1.
History:  2007 a. 1.
2023 Wisconsin Statutes & Annotations › Chapter 802 - Civil procedure — pleadings, motions and pretrial practice. › 802.04 - Form of pleadings.

802.04
Form of pleadings.
(1)
Caption. Every pleading shall contain a caption setting forth the name of the court, the venue, the title of the action, the file number, and a designation as in s. 802.01 (1). If a pleading contains motions, or an answer or reply contains cross claims or counterclaims, the designation in the caption shall state their existence. In the complaint the caption of the action shall include the standardized description of the case classification type and associated code number as approved by the director of state courts, and the title of the action shall include the names and addresses of all the parties, indicating the representative capacity, if any, in which they sue or are sued and, in actions by or against a corporation, the corporate existence and its domestic or foreign status shall be indicated. In pleadings other than the complaint, it is sufficient to state the name of the first party on each side with an appropriate indication of other parties. Every pleading commencing an action under s. 814.61 (1) (a) or 814.62 (1) or (2) and every complaint filed under s. 814.61 (3) shall contain in the caption, if the action includes a claim for a money judgment, a statement of whether the amount claimed is greater than the amount under s. 799.01 (1) (d).
(2)
Paragraphs; separate statements. All averments of claim or defense shall be made in numbered paragraphs, the contents of each of which shall be limited as far as practicable to a statement of a single set of circumstances; and a paragraph may be referred to by number in all succeeding pleadings. Each claim founded upon a separate transaction or occurrence and each defense other than denials shall be stated in a separate claim or defense whenever a separation facilitates the clear presentation of the matters set forth. A counterclaim must be pleaded as such and the answer must demand the judgment to which the defendant supposes to be entitled upon the counterclaim.
(3)
Adoption by reference; exhibits. Statements in a pleading may be adopted by reference in a different part of the same pleading or in another pleading or in any motion. A copy of any written instrument which is an exhibit to a pleading is a part thereof for all purposes.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 621 (1975); 1975 c. 218; Sup. Ct. Order, 171 Wis. 2d xix (1992); 1995 a. 27; 2007 a. 97.
2023 Wisconsin Statutes & Annotations › Chapter 802 - Civil procedure — pleadings, motions and pretrial practice. › 802.045 - Limited scope representation permitted — process.

802.045
Limited scope representation permitted — process.
(1)
Authorized. An attorney's role in an action may be limited to one or more individual proceedings or issues in an action if specifically so stated in a notice of limited appearance filed and served upon the parties prior to or simultaneous with the proceeding. Providing limited scope representation of a person under this section does not constitute a general appearance by the attorney for purposes of s. 801.14.
(2)
Notice of limited appearance. The notice of limited appearance shall contain the following information:
(a)
The name and the party designation of the client.
(b)
The specific proceedings or issues within the scope of the limited representation.
(c)
A statement that the attorney will file a notice of termination upon completion of services.
(d)
A statement that the attorney providing limited scope representation shall be served with all documents while providing limited scope representation.
(e)
Contact information for the client including current address and phone number.
(3)
Service. Service shall be made under s. 801.14 (2m).
(4)
Termination of limited appearance. At the conclusion of the representation for which a notice of limited appearance has been filed, the attorney's role terminates without further order of the court upon the attorney filing with the court, and serving upon the parties, a notice of the termination of limited appearance. A notice of termination of limited appearance shall contain all of the following information:
(a)
A statement that the attorney has completed all services within the scope of the notice of limited appearance.
(b)
A statement that the attorney has completed all acts ordered by the court.
(c)
A statement that the attorney has served the notice of termination of limited appearance on all parties, including the client.
(d)
Contact information for the client including current address and phone number.
(5)
Forms. The director of state courts shall provide the clerk of circuit court in each county forms for use in filing notices required under this section.
History:  Sup. Ct. Order No. 13-10, 2014 WI 45, 354 Wis. 2d xliii.
2023 Wisconsin Statutes & Annotations › Chapter 803 - Civil procedure — parties. › 803.02 - Joinder of claims and remedies.

803.02
Joinder of claims and remedies.
(1)
A party asserting a claim to relief as an original claim, counterclaim, cross claim, or 3rd-party claim, may join, either as independent or as alternate claims, as many claims, legal or equitable, as the party has against an opposing party.
(2)
Whenever a claim is one heretofore cognizable only after another claim has been prosecuted to a conclusion, the 2 claims may be joined in a single action; but the court shall grant relief in that action only in accordance with the relative substantive rights of the parties. In particular, a plaintiff may state a claim for money and a claim to have set aside a conveyance fraudulent as to the plaintiff, without first having obtained a judgment establishing the claim for money.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 642 (1975); 1975 c. 218; 2005 a. 253; 2007 a. 97.
2023 Wisconsin Statutes & Annotations › Chapter 803 - Civil procedure — parties. › 803.045 - Actions to satisfy spousal obligations.

803.045
Actions to satisfy spousal obligations.
(1)
Except as provided in sub. (2), when a creditor commences an action on an obligation described in s. 766.55 (2), the creditor may proceed against the obligated spouse, the incurring spouse or both spouses.
(2)
In an action on an obligation described in s. 766.55 (2) (a) or (b), a creditor may proceed against the spouse who is not the obligated spouse or the incurring spouse if the creditor cannot obtain jurisdiction in the action over the obligated spouse or the incurring spouse.
(3)
After obtaining a judgment, a creditor may proceed against either or both spouses to reach marital property available for satisfaction of the judgment.
(4)
This section does not affect the property available under s. 766.55 (2) to satisfy the obligation.
History:  1985 a. 37.
2023 Wisconsin Statutes & Annotations › Chapter 803 - Civil procedure — parties. › 803.06 - Misjoinder and nonjoinder of parties.

803.06
Misjoinder and nonjoinder of parties.
(1)
Misjoinder of parties is not ground for dismissal of an action. Parties may be dropped or added by order of the court on motion of any party or on its own initiative at any stage of the action and on such terms as are just. Any claim against a party may be severed and proceeded with separately. Oral argument permitted on motions under this subsection may be heard by telephone under s. 807.13 (1).
(2)
When it comes to the attention of the court that the summons has not been served upon a named defendant, the court may enter an order on its own initiative, after notice to parties of record, dismissing the action as to that defendant without prejudice.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 649 (1975); Sup. Ct. Order, 73 Wis. 2d xxxi (1976); Sup. Ct. Order, 141 Wis. 2d xiii (1987).
Judicial Council Committee's Note, 1976: Sub. (2) establishes an efficient procedure for dismissing an action against a defendant who has not been served. It will help alleviate situations such as clouds on title that could result from a summons that was not served being on file with the clerk of court. [Re Order effective Jan. 1, 1977]
Judicial Council Note, 1988: Sub. (1) is amended to permit oral argument on motions to drop or add parties to be heard by telephone conference. [Re Order effective Jan. 1, 1988]
2023 Wisconsin Statutes & Annotations › Chapter 803 - Civil procedure — parties. › 803.07 - Interpleader.

803.07
Interpleader.
Persons having claims against the plaintiff may be joined as defendants and required to interplead when their claims are such that the plaintiff is or may be exposed to double or multiple liability. It is not ground for objection to the joinder that the claims of the several claimants or the titles on which their claims depend do not have a common origin or are not identical but are adverse to and independent of one another, or that the plaintiff avers that the plaintiff is not liable in whole or in part to any or all of the claimants. A defendant exposed to similar liability may obtain such interpleader by way of cross claim or counterclaim. The provisions of this section supplement and do not in any way limit the joinder of parties permitted in s. 803.04.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 649 (1975); 1975 c. 218; 2007 a. 97.
Under this section, a defendant who is exposed to double or multiple liability may obtain interpleader by way of cross claim or counterclaim against a party already in the lawsuit. Nelson v. Loessin, 2020 WI App 72, 394 Wis. 2d 784, 951 N.W.2d 605, 18-2448.
As I See It: Improving Interpleader: Discharge Stakeholders from Litigation. Finerty. Wis. Law. June 2020.
2023 Wisconsin Statutes & Annotations › Chapter 804 - Civil procedure — depositions and discovery. › 804.015 - Limits on discovery by prisoners.

804.015
Limits on discovery by prisoners.
(1)
In this section, “prisoner" has the meaning given s. 801.02 (7) (a) 2.
(2)
Unless ordered by the court, a prisoner in an action or special proceeding may not obtain discovery before the court receives a copy of the answer or other responsive pleading in the action commenced by the prisoner. If a defendant submits a motion to dismiss or a motion for summary judgment, no discovery may be obtained until the court decides that the prisoner has a reasonable opportunity to prevail on the merits, or until the court decides the merits of the motion, unless the court orders a party to submit to discovery.
(3)
If a court allows a prisoner to obtain discovery under sub. (2) before the court decides that the prisoner has a reasonable opportunity to prevail on the merits, receives a copy of the answer or other responsive pleading in the action, or decides the merits of a motion to dismiss or a motion for summary judgment, the court order shall be narrowly tailored to limit the discovery to allow only discovery that is essential to enable the prisoner to obtain the evidence necessary to his or her case. The court shall limit the discovery so as to provide a minimal intrusion in the activities of any person subject to discovery under this subsection.
(4)
If a prisoner commences an action or special proceeding, the court shall limit the number of requests for interrogatories, production of documents or admissions to 15, unless good cause is shown for any additional requests. This number may not be expanded by the use of subparts to the interrogatories.
(5)
This section does not apply when the prisoner appears by an attorney who is licensed to practice law in this state.
History:  1997 a. 133.
2023 Wisconsin Statutes & Annotations › Chapter 804 - Civil procedure — depositions and discovery. › 804.04 - Stipulations regarding discovery procedure.

804.04
Stipulations regarding discovery procedure.
Unless the court orders otherwise, the parties may by written stipulation (1) provide that depositions may be taken before any person, at any time or place, upon any notice, and in any manner and when so taken may be used like other depositions, and (2) modify the procedures provided by this chapter for other methods of discovery.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 664 (1975).
2023 Wisconsin Statutes & Annotations › Chapter 804 - Civil procedure — depositions and discovery. › 804.045 - Limits on quantity of depositions.

804.045
Limits on quantity of depositions.
A party shall be limited, unless otherwise stipulated or ordered by the court in a manner consistent with s. 804.01 (2), to a reasonable number of depositions, not to exceed 10 depositions, none of which may exceed 7 hours in duration.
History:  2017 a. 235.
2023 Wisconsin Statutes & Annotations › Chapter 805 - Civil procedure — trials. › 805.01 - Jury trial of right.

805.01
Jury trial of right.
(1)
Right preserved. The right of trial by jury as declared in article I, section 5, of the constitution or as given by a statute and the right of trial by the court shall be preserved to the parties inviolate.
(2)
Demand. Any party entitled to a trial by jury or by the court may demand a trial in the mode to which entitled at or before the scheduling conference or pretrial conference, whichever is held first. The demand may be made either in writing or orally on the record.
(3)
Waiver. The failure of a party to demand in accordance with sub. (2) a trial in the mode to which entitled constitutes a waiver of trial in such mode. The right to trial by jury is also waived if the parties or their attorneys of record, by written stipulation filed with the court or by an oral stipulation made in open court and entered in the record, consent to trial by the court sitting without a jury. A demand for trial by jury made as herein provided may not be withdrawn without the consent of the parties.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 689 (1975); 1975 c. 218; Sup. Ct. Order, 112 Wis. 2d xi (1983); 1983 a. 192.
Judicial Council Committee Note, 1983: The time deadline for demanding a jury trial is the scheduling conference where that occurs before or in lieu of the pretrial conference because knowledge of the mode of trial is required for proper scheduling. [Re Order effective July 1, 1983]
A legal counterclaim in an equitable action does not necessarily entitle the counterclaimant to a jury trial. An amendment by the plaintiff from equity to law does not necessarily entitle the defendant to a jury trial if the equitable action was brought in good faith. Tri-State Home Improvement Co. v. Mansavage, 77 Wis. 2d 648, 253 N.W.2d 474 (1977).
A party is entitled, as a matter of right, to a jury trial on a question of fact if that issue is retried, regardless of an earlier waiver. Tesky v. Tesky, 110 Wis. 2d 205, 327 N.W.2d 706 (1983).
When collateral estoppel compels raising a counterclaim in an equitable action, that compulsion does not result in the waiver of the right to a jury trial. Norwest Bank v. Plourde, 185 Wis. 2d 377, 518 N.W.2d 265 (Ct. App. 1994).
Absent an unambiguous declaration that a party intends to bind itself for future fact-finding hearings or trials, a jury waiver applies only to the fact-finding hearing or trial pending at the time the stipulation is made. Walworth County Department of Health & Human Services v. Roberta J.W., 2013 WI App 102, 349 Wis. 2d 691, 836 N.W.2d 860, 12-2387.
A pre-litigation jury waiver provision in a contract was enforceable. A motion to strike a demand for a jury trial based on the contract was not a demand for a trial to the court that is subject to waiver under sub. (3). Parsons v. Associated Banc-Corp., 2017 WI 37, 374 Wis. 2d 513, 893 N.W.2d 212, 14-2581.
The New Wisconsin Rules of Civil Procedure: Chapters 805-807. Graczyk. 59 MLR 671 (1976).
NOTE:  See also the notes to article I, section 5, of the Wisconsin Constitution.
2023 Wisconsin Statutes & Annotations › Chapter 805 - Civil procedure — trials. › 805.02 - Advisory jury and trial by consent.

805.02
Advisory jury and trial by consent.
(1)
In all actions not triable of right by a jury, the court upon motion or on its own initiative may try any issue with an advisory jury.
(2)
With the consent of both parties, the court may order a trial with a jury whose verdict has the same effect as if trial by jury had been a matter of right.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 690 (1975).
2023 Wisconsin Statutes & Annotations › Chapter 805 - Civil procedure — trials. › 805.05 - Consolidation; separate trials.

805.05
Consolidation; separate trials.
(1)
Consolidation.
(a)
When actions which might have been brought as a single action under s. 803.04 are pending before the court, it may order a joint hearing or trial of any or all of the claims in the actions; it may order all the actions consolidated; and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.
(b)
When actions which might have been brought as a single action under s. 803.04 are pending before different courts, any such action may be transferred upon motion of any party or of the court to another court where the related action is pending. A conference involving both judges and all counsel may be convened on the record as prescribed by s. 807.13 (3). Transfer under this paragraph shall be made only by the joint written order of the transferring court and the court to which the action is transferred.
(2)
Separate trials. The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition or economy, or pursuant to s. 803.04 (2) (b), may order a separate trial of any claim, cross claim, counterclaim, or 3rd-party claim, or of any number of claims, always preserving inviolate the right of trial in the mode to which the parties are entitled.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 692 (1975); Sup. Ct. Order, 141 Wis. 2d xiii (1987); 2005 a. 253; 2007 a. 97.
Judicial Council Note, 1988: Sub. (1) (b) is amended by allowing conferences regarding consolidation of actions to be conducted by telephone conference. [Re Order effective Jan. 1, 1988]
The trial court's order to bifurcate the issues of liability and damages and to try the separate issues before separate juries contravened sub. (2) and cannot be reconciled with the requirement of s. 805.09 (2) that the same five-sixths of the jury must agree on all questions necessary to sustain a verdict. Waters v. Pertzborn, 2001 WI 62, 243 Wis. 2d 703, 627 N.W.2d 497, 99-1702.
2023 Wisconsin Statutes & Annotations › Chapter 805 - Civil procedure — trials. › 805.09 - Juries of fewer than 12; five-sixths verdict.

805.09
Juries of fewer than 12; five-sixths verdict.
(1)
Jury. The jury shall consist of a number of persons determined under s. 756.06 (2) (b).
(2)
Verdict. A verdict agreed to by five-sixths of the jurors shall be the verdict of the jury. If more than one question must be answered to arrive at a verdict on the same claim, the same five-sixths of the jurors must agree on all the questions.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 700 (1975); 1977 c. 318; 1977 c. 447 s. 210; Sup. Ct. Order No. 96-08, 207 Wis. 2d xv (1997).
Five-sixths jury agreement is not required on all questions on the verdict, but on all questions necessary to support a judgment on a particular claim. A verdict must be reviewed on a claim-by-claim basis rather than as a whole. Giese v. Montgomery Ward, Inc., 111 Wis. 2d 392, 331 N.W.2d 585 (1983).
The trial court's order to bifurcate the issues of liability and damages and to try the separate issues before separate juries contravened s. 805.05 (2) and cannot be reconciled with the requirement of sub. (2) that the same five-sixths of the jury must agree on all questions necessary to sustain a verdict. Waters v. Pertzborn, 2001 WI 62, 243 Wis. 2d 703, 627 N.W.2d 497, 99-1702.
2023 Wisconsin Statutes & Annotations › Chapter 805 - Civil procedure — trials. › 805.10 - Examination of witnesses; arguments.

805.10
Examination of witnesses; arguments.
Unless the judge otherwise orders, not more than one attorney for each side shall examine or cross-examine a witness and not more than 2 attorneys on each side shall sum up to the jury. The plaintiff shall be entitled to the opening and final rebuttal arguments. Plaintiff's rebuttal shall be limited to matters raised by any adverse party in argument. Waiver of argument by either party shall not preclude the adverse party from making any argument which the adverse party would otherwise have been entitled to make. Before the argument is begun, the court may limit the time for argument.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 701 (1975); 1975 c. 218.
An attorney's concession during closing argument that the attorney's client was negligent could not be construed as a binding admission. Kuzmic v. Kreutzmann, 100 Wis. 2d 48, 301 N.W.2d 266 (Ct. App. 1980).
This section authorizes judges to allow more than two attorneys on each side to sum up to the jury, but a judge may not limit to fewer than two the number of attorneys arguing on each side. Waukesha County Department of Social Services v. C.E.W., 124 Wis. 2d 47, 368 N.W.2d 47 (1985).
2023 Wisconsin Statutes & Annotations › Chapter 805 - Civil procedure — trials. › 805.11 - Objections; exceptions.

805.11
Objections; exceptions.
(1)
Any party who has fair opportunity to object before a ruling or order is made must do so in order to avoid waiving error. An objection is not necessary after a ruling or order is made.
(2)
A party raising an objection must specify the grounds on which the party predicates the objection or claim of error.
(3)
Exceptions shall never be made.
(4)
Evidentiary objections are governed by s. 901.03.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 701 (1975); 1975 c. 218.
2023 Wisconsin Statutes & Annotations › Chapter 805 - Civil procedure — trials. › 805.18 - Mistakes and omissions; harmless error.

805.18
Mistakes and omissions; harmless error.
(1)
The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party.
(2)
No judgment shall be reversed or set aside or new trial granted in any action or proceeding on the ground of selection or misdirection of the jury, or the improper admission of evidence, or for error as to any matter of pleading or procedure, unless in the opinion of the court to which the application is made, after an examination of the entire action or proceeding, it shall appear that the error complained of has affected the substantial rights of the party seeking to reverse or set aside the judgment, or to secure a new trial.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 714 (1975); Sup. Ct. Order No. 96-08, 207 Wis. 2d xv (1997).
For an error to “affect the substantial rights" of a party, there must be a reasonable possibility that the error contributed to the outcome of the action. A reasonable possibility of a different outcome is a possibility sufficient to undermine confidence in the outcome. If the error at issue is not sufficient to undermine the reviewing court's confidence in the outcome of the proceeding, the error is harmless. Evelyn C.R. v. Tykila S., 2001 WI 110, 246 Wis. 2d 1, 629 N.W.2d 768, 00-1739.
Error is harmless if it is clear beyond a reasonable doubt that a rational jury would have found the defendant guilty absent the error. State v. Harvey, 2002 WI 93, 254 Wis. 2d 442, 647 N.W.2d 189, 00-0541.
Section 971.08 (2), requiring vacation of judgment and permission to withdraw a pleas in the event of improper notice of the consequences of a plea on immigration and naturalization, is subject to harmless error analysis under this section and s. 971.26.  Douangmala, 2002 WI 62, was objectively wrong because it failed to properly consider this section and s. 971.26 and is thus overruled. The mandatory “shall" in sub. (2) did not control as both of the harmless error savings statutes also use the mandatory “shall" language. All of the relevant statutes use “shall," and, accordingly, none is “more mandatory" than any other. This section and ss. 971.08 (2) and 971.26 are most comprehensibly harmonized by applying harmless error analysis. State v. Reyes Fuerte, 2017 WI 104, 378 Wis. 2d 504, 904 N.W.2d 773, 15-2041.
2023 Wisconsin Statutes & Annotations › Chapter 806 - Civil procedure — judgment. › 806.025 - Payment of judgment in cases involving prisoners.

806.025
Payment of judgment in cases involving prisoners.
(1)
In this section, “prisoner" has the meaning given in s. 801.02 (7) (a) 2.
(2)
If a court enters a judgment for a monetary award on behalf of a prisoner, the court shall do all of the following:
(a)
Order that the award be used to satisfy any unpaid court order of restitution against the prisoner and any other civil judgment in favor of a victim of a crime committed by the prisoner. If the amount of the monetary award is insufficient to pay all these unpaid orders and judgments, the orders and judgments shall be paid based on the length of time they have existed, the oldest order being paid first.
(am)
If money remains after the payment of all unpaid orders and judgments under par. (a), order reimbursement to the department of justice for an award made under subch. I of ch. 949 for which the department is subrogated under s. 949.15.
(at)
If money remains after the payment of reimbursement under par. (am), order the payment of any child or family support owed by the prisoner.
(b)
If money remains after the payment of child or family support under par. (at), order the payment of court costs or filing fees previously assessed against the prisoner by a state court that remain unpaid, with the oldest costs or fees being paid first.
(c)
If money remains after the payment of all court costs or filing fees under par. (b), order the payment of any unpaid litigation loan, as defined in s. 301.328 (1).
(d)
If any money remains after the payments under pars. (a) to (c), request that the department of corrections make a reasonable effort to notify any victims of the crime for which the prisoner was convicted and imprisoned, incarcerated or confined of the pending payment of a monetary award to the prisoner. The department of corrections shall inform the court of whether any victims were notified. The court shall withhold any payment to the prisoner under par. (e) for a reasonable time after the department of corrections notifies the court that a victim was notified so that the victim may have time to petition the court regarding payments to that victim from the remaining money.
(e)
Order that any money remaining after all payments are made under pars. (a) to (d) be paid to the prisoner.
History:  1997 a. 133; 2007 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 806 - Civil procedure — judgment. › 806.03 - Judgment on admitted claim; order to satisfy.

806.03
Judgment on admitted claim; order to satisfy.
In an action on an express contract for the recovery of a liquidated sum of money only, if the answer admits any part of the plaintiff's claim or if the answer sets up a counterclaim for an amount less than the plaintiff's claim and contains no other defense to the action, the clerk, on motion of the plaintiff, shall render and enter judgment for the amount so admitted or for the amount claimed in the complaint less the amount of the defendant's counterclaim. When the defendant admits part of the plaintiff's claim to be just, the court, on motion, may order the defendant to satisfy that part of the claim and may enforce the order as it enforces a judgment or provisional remedy.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 718 (1975); Sup. Ct. Order, 73 Wis. 2d xxxi (1976).
Judicial Council Committee's Note, 1976: A clerk of court is permitted under s. 806.06 (2) to render the judgment described in ss. 806.02 (4) and 806.03. [Re Order effective Jan. 1, 1977]
2023 Wisconsin Statutes & Annotations › Chapter 806 - Civil procedure — judgment. › 806.08 - Stay of proceedings to enforce a judgment.

806.08
Stay of proceedings to enforce a judgment.
(1)
Unless otherwise ordered by the court, an interlocutory or final judgment in an action for an injunction or in a receivership action shall not be stayed during the period after its entry and until an appeal is taken or during the pendency of an appeal. Subsection (3) governs the suspending, modifying, restoring, or granting of an injunction during the pendency of an appeal.
(2)
In its discretion and on such conditions for the security of the adverse party as are proper, the court may stay the execution of or any proceedings to enforce a judgment pending the disposition of a motion for a new trial, or to alter or amend a judgment, or of a motion for relief from a judgment or order.
(3)
When an appeal is taken from an interlocutory or final judgment or appealable order granting, dissolving or denying an injunction, the court in its discretion may suspend, modify, restore, or grant an injunction during the pendency of the appeal upon such terms as to bond or otherwise as it considers proper for the security of the rights of the adverse party.
(4)
When an appeal is taken, the appellant may obtain a stay in accordance with s. 808.07.
(5)
This section does not limit any power of an appellate court or of a judge or justice thereof to stay proceedings during the pendency of an appeal or to suspend, modify, restore, or grant an injunction during the pendency of an appeal or to make any order appropriate to preserve the existing state of affairs or the effectiveness of the judgment subsequently to be entered.
(6)
When a court has rendered a final judgment under the conditions stated in s. 806.01 (2), the court may stay enforcement of that judgment until the entering of a subsequent judgment or judgments and may prescribe such conditions as are necessary to secure the benefit thereof to the party in whose favor the judgment is entered.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 726 (1975); Sup. Ct. Order, 67 Wis. 2d vii (1975); 1977 c. 187 s. 135; 1979 c. 110 s. 60 (9).
2023 Wisconsin Statutes & Annotations › Chapter 806 - Civil procedure — judgment. › 806.09 - Restitution in case of reversed judgment; purchaser for value.

806.09
Restitution in case of reversed judgment; purchaser for value.
(1)
If any judgment or part of a judgment is collected and such judgment is afterwards set aside or reversed, the trial court shall order the same to be restored with interest from the time of the collection, but in case a new trial is ordered the party who has collected the judgment may retain the same pending the new trial, upon giving a bond in such sum and with such sureties as the court shall order, conditioned for the restoration of the amount collected with interest from the time of collection. The order of restitution may be obtained upon proof of the facts upon notice and motion and may be enforced as a judgment. Nothing herein shall affect or impair the right or title of a purchaser for value in good faith without notice.
(2)
Whenever in a civil action on appeal to the court of appeals or the supreme court the appellant fails to stay execution and pending the appeal the sheriff or other officer collects all or any part of the judgment appealed from, the officer collecting the judgment shall deposit the amount collected, less the officer's fees, with the clerk of the court out of which execution issued. In case of reversal on the appeal, restitution may be made in accordance with sub. (1). In case of affirmance the clerk shall pay over the deposit to the judgment creditor on the filing of the remittitur from the court of appeals or the supreme court.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 728 (1975); 1975 c. 218; 1977 c. 187.
2023 Wisconsin Statutes & Annotations › Chapter 806 - Civil procedure — judgment. › 806.11 - Delinquent income or franchise tax lien.

806.11
Delinquent income or franchise tax lien.
(1)
At the time of filing the warrant provided by s. 71.74 (14), 71.91 (5), or 71.93 (8) (b) 5., the clerk of circuit court shall enter the warrant in the judgment and lien docket, including:
(a)
The name of each delinquent income or franchise tax debtor, with place of residence if it is stated in the warrant.
(b)
The date of the warrant.
(c)
The day and time of entry.
(d)
The amount of delinquent income or franchise taxes with interest, penalties and costs as set forth in the warrant.
(2)
If a warrant provided by s. 71.74 (14), 71.91 (5), or 71.93 (8) (b) 5. is against several persons, the warrant shall be entered, in accordance with the procedure under sub. (1), in the judgment and lien docket under the name of each person against whom the warrant was issued.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 730 (1975); 1975 c. 218; 1985 a. 145; 1987 a. 312 s. 17; 1991 a. 39; 1995 a. 224; 2009 a. 28.
2023 Wisconsin Statutes & Annotations › Chapter 806 - Civil procedure — judgment. › 806.115 - Filing of duplicate copy of warrant.

806.115
Filing of duplicate copy of warrant.
The department of revenue may file in any county a duplicate copy of a warrant filed under s. 71.74 (14), 71.91 (5), or 71.93 (8) (b) 5. and the clerk of circuit court shall enter the duplicate copy on the judgment and lien docket as provided in s. 806.11. When so entered, the duplicate copy shall have the same legal effect as the warrant filed under s. 71.91 (5).
History:  1975 c. 224; 1987 a. 312 s. 17; 1987 a. 403 s. 256; 1995 a. 224; 2009 a. 28.
2023 Wisconsin Statutes & Annotations › Chapter 806 - Civil procedure — judgment. › 806.12 - Transcript of municipal judge's judgment.

806.12
Transcript of municipal judge's judgment.
(1)
The clerk of circuit court shall, upon the production of a duly certified transcript of a judgment for more than $10, exclusive of costs, rendered by any municipal judge in the county, enter the judgment in the judgment and lien docket of the court in the manner prescribed in s. 806.10. When the transcript shows that execution was stayed in the municipal court, with the name of the surety thereof, the clerk of circuit court shall enter the judgment against the surety as well as the judgment debtor, and the surety shall be bound thereby as a judgment debtor and the surety's property shall be subject to lien and be liable on the lien to the same extent as the surety's principal.
(2)
Every judgment entered in the judgment and lien docket under sub. (1), from the time of the filing of the transcript of the judgment, shall be considered the judgment of the circuit court. The judgment shall be equally under the control of the circuit court and municipal court. The judgment shall be carried into execution, both as to the principal judgment debtor and the debtor's surety, if any, in the same manner and with like effect as judgments of the circuit court, except that no action can be brought upon the judgment as a judgment of the circuit court nor execution issued on that judgment after the expiration of the period of the lien of the judgment on real estate provided by s. 806.15.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 731 (1975); 1975 c. 218; 1977 c. 305 s. 64; 1995 a. 224.
2023 Wisconsin Statutes & Annotations › Chapter 806 - Civil procedure — judgment. › 806.13 - Judgments entered in other counties.

806.13
Judgments entered in other counties.
When a judgment is entered as provided in ss. 806.10, 806.12 and 806.24, or a warrant is entered as provided in s. 108.22 (2) (a), it may be entered in any other county, upon filing with the clerk of circuit court of that county a transcript from the original judgment and lien docket, certified to be a true copy by the clerk of the original circuit court.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 731 (1975); 1975 c. 224; 1987 a. 38 s. 136; 1995 a. 224.
2023 Wisconsin Statutes & Annotations › Chapter 806 - Civil procedure — judgment. › 806.14 - Enforcement of real estate judgment in other counties.

806.14
Enforcement of real estate judgment in other counties.
If a judgment affecting real property is rendered in any county other than that in which the property is situated, the clerk of circuit court of the county where the property is situated shall, upon production of a duly certified copy of the judgment and payment of the fee specified by s. 814.61 (5) (am) 2., file and enter the judgment in the judgment and lien docket. The judgment may be enforced in the circuit court for either county.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 732 (1975); Sup. Ct. Order, 109 Wis. 2d xiii (1982); 1995 a. 224; 2019 a. 70.
Judicial Council Note, 1982: This section is amended by deleting provision for a trial court to order the transfer of all papers, entries, orders and minutes in an action affecting real property to the clerk of circuit court for the county in which the property is situated. The revised statute retains provision for the docketing of a certified copy of the judgment by the clerk of circuit court for the county where the property is situated, giving that court concurrent jurisdiction to enforce the judgment. [Re Order effective Jan. 1, 1983]