Wisconsin Statutes
Wis. Stat. § 803.02 (2026)
Joinder of claims and remedies
✓ current as of July 2026
Find cases:
SyfertCases citing this section
WI-LEGdocs.legis.wisconsin.gov
JustiaChapter on Justia
CornellLII Search
CasesGoogle Scholar
803.02(1)(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.
803.02(2)(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.
803.02 HistoryHistory: Sup. Ct. Order, 67 Wis. 2d 585, 642 (1975); 1975 c. 218; 2005 a. 253; 2007 a. 97.
Notes of Decisions
Cited in 5
cases, 1987–2010 · leading case: Anderson v. City of Milwaukee, 559 N.W.2d 563 (Wis. 1997).
Anderson v. City of Milwaukee, 559 N.W.2d 563 (Wis. 1997). “The damage limitation is not listed as an affirmative defense in Wis. Stat. § 803.02 (3). 12 Furthermore, although § 802.”
Hanlon v. Town of Milton, 2000 WI 61 (Wis. 2000). “Wis. Stat. § 803.02 . ¶ 27. We conclude, therefore, that although Han-lon could have joined his § 1983 claim with his ch.”
Stuart v. Stuart, 410 N.W.2d 632 (Wis. Ct. App. 1987). “If an abused spouse cannot commence a tort action subsequent to a divorce, the spouse will be forced to elect between three equally unacceptable alternatives: (1) Commence a tort action during the marriage and possibly endure additional abuse; (2) join a tort claim in a divorce…”
Am. Fed'n of State, Cnty., & Mun. Employees Local 1901 v. Brown Cnty., 432 N.W.2d 571 (Wis. 1988). “Section 803.02(3). Notwithstanding, a party is not necessarily foreclosed from the benefits of an affirmative defense which was not raised in the answer.”
State ex rel. Henderson v. Raemisch, 2010 WI App 114 (Wis. Ct. App. 2010). “See Wis. Stat. § 803.02 (2). Wisconsin Stat. § 802.”
— Wis. Stat. § 803.02(3) — 1 case
Am. Fed'n of State, Cnty., & Mun. Employees Local 1901 v. Brown Cnty., 432 N.W.2d 571 (Wis. 1988). “Section 803.02(3). Notwithstanding, a party is not necessarily foreclosed from the benefits of an affirmative defense which was not raised in the answer.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.