Wisconsin Statutes
Wis. Stat. § 803.06 (2026)
Misjoinder and nonjoinder of parties
✓ current as of July 2026
Find cases:
SyfertCases citing this section
WI-LEGdocs.legis.wisconsin.gov
JustiaChapter on Justia
CornellLII Search
CasesGoogle Scholar
803.06(1)(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).
803.06(2)(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.
803.06 HistoryHistory: 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).
803.06 NoteJudicial 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]
803.06 NoteJudicial 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]
Notes of Decisions
Cited in 4
cases (1 in the last 5 years), 1997–2023 · leading case: Helgeland v. Wisconsin Municipalities, 2008 WI 9 (Wis. 2008).
Helgeland v. Wisconsin Municipalities, 2008 WI 9 (Wis. 2008). “" The municipalities suggest that Lautenschlager's conduct is still relevant to our Wis.”
Closser v. Town of Harding, 569 N.W.2d 338 (Wis. Ct. App. 1997). “, by raising the issue for the first time on appeal; (2) the order in mid-trial joining as a plaintiff an owner adjacent to the disputed land is within the trial court's discretion, § 803.06, Stats.; 1 the Town is not an *566 "owner" within the meaning of § 236.”
Jackson B. Pellett, II v. Judson Pellett (Wis. Ct. App. 2023). “§ 803.06(1) (“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.”
Holman v. Fam. Health Plan, 573 N.W.2d 577 (Wis. Ct. App. 1997). “5 Even though misjoinder is not a basis for dismissal of an action under § 803.06(1), STATS., we conclude that *109 it constitutes a "defense in law" which must be raised pursuant to § 802.”
— Wis. Stat. § 803.06(1) — 4 cases
Helgeland v. Wisconsin Municipalities, 2008 WI 9 (Wis. 2008). “" The municipalities suggest that Lautenschlager's conduct is still relevant to our Wis.”
Closser v. Town of Harding, 569 N.W.2d 338 (Wis. Ct. App. 1997). “, by raising the issue for the first time on appeal; (2) the order in mid-trial joining as a plaintiff an owner adjacent to the disputed land is within the trial court's discretion, § 803.06, Stats.; 1 the Town is not an *566 "owner" within the meaning of § 236.”
Jackson B. Pellett, II v. Judson Pellett (Wis. Ct. App. 2023). “§ 803.06(1) (“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.”
Holman v. Fam. Health Plan, 573 N.W.2d 577 (Wis. Ct. App. 1997). “5 Even though misjoinder is not a basis for dismissal of an action under § 803.06(1), STATS., we conclude that *109 it constitutes a "defense in law" which must be raised pursuant to § 802.”
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.