Wisconsin Statutes
Wis. Stat. § 805.01 (2026)
Jury trial of right
✓ current as of July 2026
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805.01(1)(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.
805.01(2)(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.
805.01(3)(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 A demand for trial by jury made as herein provided may not be withdrawn without the consent of the parties.
805.01 HistoryHistory: Sup. Ct. Order, 67 Wis. 2d 585, 689 (1975); 1975 c. 218; Sup. Ct. Order, 112 Wis. 2d xi (1983); 1983 a. 192.
805.01 NoteJudicial 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]
805.01 AnnotationA 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).
805.01 AnnotationA 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).
805.01 AnnotationWhen 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 Wisconsin Eau Claire, N.A. v. Plourde, 185 Wis. 2d 377, 518 N.W.2d 265 (Ct. App. 1994).
805.01 AnnotationAbsent 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.
805.01 AnnotationA 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 was 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.
805.01 AnnotationThe New Wisconsin Rules of Civil Procedure: Chapters 805-807. Graczyk. 59 MLR 671 (1976).
805.01 NoteNOTE: See also the notes to article I, section 5, of the Wisconsin Constitution.
Notes of Decisions
Cited in 34
cases (5 in the last 5 years), 1977–2025 · leading case: Taft Parsons, Jr. v. Associated Banc-Corp, 2017 WI 37 (Wis. 2017).
Taft Parsons, Jr. v. Associated Banc-Corp, 2017 WI 37 (Wis. 2017). “¶19 We also interpret and apply Wis. Stat. § 805.01 ("Jury trial of right.”
Rao v. WMA Sec., Inc., 2008 WI 73 (Wis. 2008). “¶ 103 A slight variation on the kind of "waiver" described in Wis. Stat. § 805.01 (3) is found in Wis. Stat.”
Steven v. v. Kelley H., 2004 WI 47 (Wis. 2004). “The general statutory civil jury trial right is contained in Wis. Stat. § 805.01 , and several other statutes confer the right to a jury in specific types of cases.”
Phelps v. Physicians Ins. Co. of Wisconsin, Inc., 2005 WI 85 (Wis. 2005). “[7] The right of trial by jury is also codified by Wis. Stat. § 805.01 . It reads: "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.”
Parsons v. Associated Banc-Corp., 2016 WI App 44 (Wis. Ct. App. 2016). “It is not disputed that under Wis. Stat. § 805.01 (2), the Parsons properly asserted their right to a jury trial.”
Glamann v. St. Paul Fire & Marine Ins., 412 N.W.2d 522 (Wis. Ct. App. 1987). “The majority concludes, however, that Glamann's claim against her negligent attorney is a tort claim and that the defendants are entitled to a jury trial under sec. 805.01, Stats., and art. I, sec. 5, Wis.”
State v. Schweda, 2007 WI 100 (Wis. 2007). “See Wis. Stat. § 805.01 . [18] One of the first explicit environmental statutes appeared in 1923 and was entitled "Water, Ice, Sewage, and Refuse.”
Holzhueter v. Groth (In re Holzhueter), 571 B.R. 812 (Bankr. W.D. Wis. 2017). “Wis. Stat. § 805.01 (3). Thus, the State Court Plaintiffs are'likely entitled to a jury trial in the state court provided jury demands were timely made.”
Waukesha Cnty. v. E.J.W., 2021 WI 85 (Wis. 2021). “See Wis. Stat. § 805.01 (2) (stating that, in civil cases, a jury demand must be made "at or 6 No.”
Sharpley v. Sharpley, 2002 WI App 201 (Wis. Ct. App. 2002). “07 ceased to exist and Wis. Stat. § 805.01 was enacted by supreme court order.”
Associated Bank, N.A. v. Brogli, 917 N.W.2d 37 (Wis. Ct. App. 2018). “§ 805.01 and suggests the role of the referee "was advisory at best.”
State v. Smith, 2006 WI 74 (Wis. 2006). “§ 805.01(1) (2003-04) also speaks to subjective bias, in that a juror who has "expressed or formed any opinion, or is aware of any bias or prejudice in the case[,]" shall be excused.”
— Wis. Stat. § 805.01(1) — 6 cases
Taft Parsons, Jr. v. Associated Banc-Corp, 2017 WI 37 (Wis. 2017). “¶19 We also interpret and apply Wis. Stat. § 805.01 ("Jury trial of right.”
Glamann v. St. Paul Fire & Marine Ins., 412 N.W.2d 522 (Wis. Ct. App. 1987). “The majority concludes, however, that Glamann's claim against her negligent attorney is a tort claim and that the defendants are entitled to a jury trial under sec. 805.01, Stats., and art. I, sec. 5, Wis.”
State v. Smith, 2006 WI 74 (Wis. 2006). “§ 805.01(1) (2003-04) also speaks to subjective bias, in that a juror who has "expressed or formed any opinion, or is aware of any bias or prejudice in the case[,]" shall be excused.”
Sharpley v. Sharpley, 2002 WI App 201 (Wis. Ct. App. 2002). “07 ceased to exist and Wis. Stat. § 805.01 was enacted by supreme court order.”
Brons v. Bischoff, 277 N.W.2d 854 (Wis. 1979).
— Wis. Stat. § 805.01(2) — 8 cases
Taft Parsons, Jr. v. Associated Banc-Corp, 2017 WI 37 (Wis. 2017). “¶19 We also interpret and apply Wis. Stat. § 805.01 ("Jury trial of right.”
Holzhueter v. Groth (In re Holzhueter), 571 B.R. 812 (Bankr. W.D. Wis. 2017). “Wis. Stat. § 805.01 (3). Thus, the State Court Plaintiffs are'likely entitled to a jury trial in the state court provided jury demands were timely made.”
In Re Marriage of Guelig v. Guelig, 2005 WI App 212 (Wis. Ct. App. 2005).
Gordon Kosobucki v. Marlene A. Kosobucki (Wis. Ct. App. 2020).
Winnebago Cnty. v. M.R.R. (In re M.R.R.), 922 N.W.2d 322 (Wis. Ct. App. 2018).
— Wis. Stat. § 805.01(3) — 6 cases
Rao v. WMA Sec., Inc., 2008 WI 73 (Wis. 2008). “¶ 103 A slight variation on the kind of "waiver" described in Wis. Stat. § 805.01 (3) is found in Wis. Stat.”
Taft Parsons, Jr. v. Associated Banc-Corp, 2017 WI 37 (Wis. 2017). “¶19 We also interpret and apply Wis. Stat. § 805.01 ("Jury trial of right.”
Phelps v. Physicians Ins. Co. of Wisconsin, Inc., 2005 WI 85 (Wis. 2005). “[7] The right of trial by jury is also codified by Wis. Stat. § 805.01 . It reads: "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.”
Phelps v. Physicians Ins. Co. of Wisconsin, Inc., 2004 WI App 91 (Wis. Ct. App. 2004).
William Mallory v. Patrick Perlewitz (Wis. Ct. App. 2025).
— Wis. Stat. § 805.01(4)(a) — 1 case
Hribar Transp. LLC v. Slegers (E.D. Wis. 2021).
— Wis. Stat. § 805.01(5)(e) — 1 case
Capitol Fixture & Woodworking Grp. v. Woodma Distributors, Inc., 432 N.W.2d 647 (Wis. Ct. App. 1988).
— Wis. Stat. § 805.01(l) — 1 case
Taft Parsons, Jr. v. Associated Banc-Corp, 2017 WI 37 (Wis. 2017). “¶19 We also interpret and apply Wis. Stat. § 805.01 ("Jury trial of right.”
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