Wis. Stat. » CHAPTER 802 — CIVIL PROCEDURE — PLEADINGS, MOTIONS AND PRETRIAL PRACTICE
Wisconsin Statutes

Wis. Stat. § 802.04 (2026)

Form of pleadings

✓ current as of July 2026
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802.04802.04 Form of pleadings.
802.04(1)(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).
802.04(2)(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.
802.04(3)(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.
802.04 HistoryHistory: 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.
Notes of Decisions
Cited in 13 cases (5 in the last 5 years), 1980–2026 · leading case: Nat'l Operating, L.P. v. Mut. Life Ins., 2001 WI 87 (Wis. 2001).
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Nat'l Operating, L.P. v. Mut. Life Ins., 2001 WI 87 (Wis. 2001). · cites it 10× “It cites Wis. Stat. § 802.04 (3) for the proposition that "a copy of any written instrument which is an exhibit to a pleading is a part thereof for all purposes.”
Nigbor v. Dep't of Indus., Labor & Human Relations, 355 N.W.2d 532 (Wis. 1984). · cites it 2× “5 Section 802.04(1), Stats., sets forth the technical requirements for captions of actions.”
Debraska v. Quad Graphics, Inc., 2009 WI App 23 (Wis. Ct. App. 2009). · cites it 3× “See Wis. Stat. § 802.04 (3) ("A copy of any written instrument which is an exhibit to a pleading is a part thereof for all purposes.”
Wildin v. Am. Fam. Mut. Ins., 2001 WI App 293 (Wis. Ct. App. 2001). · cites it 2× “Wis. Stat. § 802.04 (3) (1999-2000). ¶ 7.”
Cnty. of Columbia v. Bylewski, 288 N.W.2d 129 (Wis. 1980). “See: sec. 802.04(2), Stats. 1977. 5 “299.01 Applicability of chapter.”
Cook v. Pub. Storage, Inc., 2008 WI App 155 (Wis. Ct. App. 2008). · cites it 2× “See Wis. Stat. § 802.04 (3); De Ruyter v. American Family Mut.”
State ex rel. Henderson v. Raemisch, 2010 WI App 114 (Wis. Ct. App. 2010). “§ 802.04, relating to the form of pleadings, states that, "if the action includes a claim for a money judgment," a statement that the amount sought exceeds $5,000 is required.”
De Ruyter v. Am. Fam. Mut. Ins., 2004 WI App 162 (Wis. Ct. App. 2004). · cites it 2× “Wis. Stat. § 802.04 (3). ¶ 4. At all relevant times, DeRuyter was a named insured under a policy of automobile insurance issued by American Family.”
John Doe 1 v. Madison Metro Sch. Dist., 2021 WI App 60 (Wis. Ct. App. 2021). “§ 802.04(1), and, once a document is filed with the court it is “a judicial record, and subject to the access accorded such records.”
Cheryl Real Est. LLC v. Conrad (E.D. Wis. 2021). · cites it 2× “” Wis. Stat. § 802.04 (1). In an answer to a complaint, a defendant is required to “state in short and plain terms the defenses to each claim asserted and shall admit or deny the averments upon which the adverse party relies.”
Allen Gahl v. Aurora Health Care, Inc. (Wis. Ct. App. 2022). “§ 802.04(1). Throughout the proceedings, the initiating document is referred to in some places as a “Complaint” and in others as a “Petition.”
Window Well Experts, Inc. v. Saf. Well, Inc. (Wis. Ct. App. 2023). “§ 802.04(3). 3 No. 2022AP1742 Beaudoin would “reasonably assist” in transitioning Safety Well’s and Dyne’s customers and business assets to Window Well.”
Show all 13 citing cases →
— Wis. Stat. § 802.04(1) — 3 cases
Nigbor v. Dep't of Indus., Labor & Human Relations, 355 N.W.2d 532 (Wis. 1984). “5 Section 802.04(1), Stats., sets forth the technical requirements for captions of actions.”
John Doe 1 v. Madison Metro Sch. Dist., 2021 WI App 60 (Wis. Ct. App. 2021). “§ 802.04(1), and, once a document is filed with the court it is “a judicial record, and subject to the access accorded such records.”
Allen Gahl v. Aurora Health Care, Inc. (Wis. Ct. App. 2022). “§ 802.04(1). Throughout the proceedings, the initiating document is referred to in some places as a “Complaint” and in others as a “Petition.”
— Wis. Stat. § 802.04(2) — 1 case
Cnty. of Columbia v. Bylewski, 288 N.W.2d 129 (Wis. 1980). “See: sec. 802.04(2), Stats. 1977. 5 “299.01 Applicability of chapter.”
— Wis. Stat. § 802.04(3) — 3 cases
Nat'l Operating, L.P. v. Mut. Life Ins., 2001 WI 87 (Wis. 2001). “It cites Wis. Stat. § 802.04 (3) for the proposition that "a copy of any written instrument which is an exhibit to a pleading is a part thereof for all purposes.”
Debraska v. Quad Graphics, Inc., 2009 WI App 23 (Wis. Ct. App. 2009). “See Wis. Stat. § 802.04 (3) ("A copy of any written instrument which is an exhibit to a pleading is a part thereof for all purposes.”
Window Well Experts, Inc. v. Saf. Well, Inc. (Wis. Ct. App. 2023). “§ 802.04(3). 3 No. 2022AP1742 Beaudoin would “reasonably assist” in transitioning Safety Well’s and Dyne’s customers and business assets to Window Well.”
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