Wisconsin Statutes
Wis. Stat. § 805.02 (2026)
Advisory jury and trial by consent
✓ current as of July 2026
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805.02(1)(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.
805.02(2)(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.
Notes of Decisions
Cited in 12
cases (1 in the last 5 years), 1985–2025 · leading case: Kempfer v. Automated Finishing, Inc., 564 N.W.2d 692 (Wis. 1997).
Kempfer v. Automated Finishing, Inc., 564 N.W.2d 692 (Wis. 1997). “Wis. Stat. § 805.02 (1) (1995-96). ¶ 59. For the foregoing reasons, I concur.”
Waters Ex Rel. Skow v. Pertzborn, 2001 WI 62 (Wis. 2001). “The documented history of § 805.02(2) thus demonstrates that the Judicial Council drafted, and this court adopted, § 805.”
Kontowicz v. Am. Stand. Ins. Co. of Wisconsin, 2006 WI 48 (Wis. 2006). “Pertzborn , we held that bifurcation under § 805.02 is limited to claims, not issues.”
Harvot v. Solo Cup Co., 2009 WI 85 (Wis. 2009). “5 Wis. Stat. § 805.02 (1) provides: "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.”
Spensley Feeds, Inc. v. Livingston Feed & Lumber, Inc., 381 N.W.2d 601 (Wis. Ct. App. 1985). “04, Stats., is applicable. For those reasons, the error was prejudicial.”
Meas v. Young, 405 N.W.2d 697 (Wis. Ct. App. 1987). “The trial court may, however, pursuant to sec. 805.02, Stats., upon motion or its own initiative, try any factual issue with an advisory jury.”
Nat'l Ass'n for the Advancement of Colored People v. Acusport Corp., 226 F. Supp. 2d 391 (E.D.N.Y 2002). “39(c) (2002); Wis. Stat. § 805.02 (2002); Wyo. R. Civ. P.”
Novak v. Phillips, 2001 WI App 156 (Wis. Ct. App. 2001). “Moreover, not only does Wis. Stat. § 805.02 (l)(a) require that the sum *681 mons and complaint to be subscribed with a "handwritten signature," but Wis.”
Est. of Katherine A. Fargen v. Thomas Fargen (Wis. Ct. App. 2020). “4 Explaining further, under § 805.02, if a claim such as an equitable claim of unjust enrichment is not necessarily triable of right by jury, the circuit court “may try any issue with an advisory jury,” or, if both parties consent, “the court may order a trial with a jury whose…”
Nat'l Ass'n for Adv. Of Col. Peop. v. Acusport Corp., 226 F. Supp. 2d 391 (E.D.N.Y 2002). “39(c) (2002); Wis. Stat. § 805.02 (2002); Wyo. R. Civ. P.”
Proformance Mfg., Inc. v. Teel Plastics, Inc. (Wis. Ct. App. 2020). “§ 805.02(1), which states: “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.”
Saint Luke Her v. Melissa Parker (Wis. Ct. App. 2025). “§ 805.02, but it issued the injunction order based on Her’s 9 We note that, contrary to Parker and Meyer’s implicit assertions on appeal, the circuit court did not issue the injunction order based upon a finding that Her’s previous actions were frivolous.”
— Wis. Stat. § 805.02(1) — 2 cases
Spensley Feeds, Inc. v. Livingston Feed & Lumber, Inc., 381 N.W.2d 601 (Wis. Ct. App. 1985). “04, Stats., is applicable. For those reasons, the error was prejudicial.”
Proformance Mfg., Inc. v. Teel Plastics, Inc. (Wis. Ct. App. 2020). “§ 805.02(1), which states: “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.”
— Wis. Stat. § 805.02(2) — 3 cases
Waters Ex Rel. Skow v. Pertzborn, 2001 WI 62 (Wis. 2001). “The documented history of § 805.02(2) thus demonstrates that the Judicial Council drafted, and this court adopted, § 805.”
Harvot v. Solo Cup Co., 2009 WI 85 (Wis. 2009). “5 Wis. Stat. § 805.02 (1) provides: "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.”
Est. of Katherine A. Fargen v. Thomas Fargen (Wis. Ct. App. 2020). “4 Explaining further, under § 805.02, if a claim such as an equitable claim of unjust enrichment is not necessarily triable of right by jury, the circuit court “may try any issue with an advisory jury,” or, if both parties consent, “the court may order a trial with a jury whose…”
— Wis. Stat. § 805.02(l)(a) — 1 case
Novak v. Phillips, 2001 WI App 156 (Wis. Ct. App. 2001). “Moreover, not only does Wis. Stat. § 805.02 (l)(a) require that the sum *681 mons and complaint to be subscribed with a "handwritten signature," but Wis.”
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