Wisconsin Statutes
Wis. Stat. § 805.09 (2026)
Juries of fewer than 12; five-sixths verdict
✓ current as of July 2026
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805.09(1)(1) Jury. The jury shall consist of a number of persons determined under s. 756.06 (2) (b).
805.09(2)(2) Verdict. A verdict agreed to by five-sixths of the jurors shall be the verdict of the jury. If more than one question must be answered to arrive at a verdict on the same claim, the same five-sixths of the jurors must agree on all the questions.
805.09 HistoryHistory: Sup. Ct. Order, 67 Wis. 2d 585, 700 (1975); 1977 c. 318; 1977 c. 447 s. 210; Sup. Ct. Order No. 96-08, 207 Wis. 2d xv (1997).
805.09 AnnotationFive-sixths jury agreement is not required on all questions on the verdict, but on all questions necessary to support a judgment on a particular claim. A verdict must be reviewed on a claim-by-claim basis rather than as a whole. Giese v. Montgomery Ward, Inc., 111 Wis. 2d 392, 331 N.W.2d 585 (1983).
805.09 AnnotationThe trial court’s order to bifurcate the issues of liability and damages and to try the separate issues before separate juries contravened s. 805.05 (2) and could not be reconciled with the requirement of sub. (2) that the same five-sixths of the jury must agree on all questions necessary to sustain a verdict. Waters v. Pertzborn, 2001 WI 62, 243 Wis. 2d 703, 627 N.W.2d 497, 99-1702.
Notes of Decisions
Cited in 17
cases (2 in the last 5 years), 1983–2025 · leading case: Waters Ex Rel. Skow v. Pertzborn, 2001 WI 62 (Wis. 2001).
Waters Ex Rel. Skow v. Pertzborn, 2001 WI 62 (Wis. 2001). “(Rule) § 805.09(2). The defendants maintain that under Wis.”
City of West Allis v. Wisconsin Elec. Power Co., 2001 WI App 226 (Wis. Ct. App. 2001). “The Wisconsin Constitution, as well as Wis. Stat. § 805.09 (2), require that five-sixths of the jury agree on all questions necessary to support a judgment.”
Milwaukee Cnty. v. Mary F.-R., 823 N.W.2d 841 (Wis. 2013). “See Wis. Stat. § 805.09 . ¶13 Wisconsin Stat.”
Stehlik v. Rhoads, 2002 WI 73 (Wis. 2002). “[15] We do not address the further issue raised in this appeal regarding the "five-sixths rule" violation under Wis. Stat. § 805.09 (2). [1] Majority op.”
Castaneda Ex Rel. Correll v. Pederson, 518 N.W.2d 246 (Wis. 1994). “Section 805.09(2), Stats. Dr. Pederson claims that by conducting independent research prior to the close of the case and sharing a statistic with the jury, Kopke was demonstrating bias towards Castaneda and thus was not impartial.”
Nommensen v. Am. Cont'l Ins., 2000 WI App 230 (Wis. Ct. App. 2000). “§ 805.09(2) (1997-98). [2] The trial court ruled that the verdict satisfied the five-sixths rule.”
Giese v. Montgomery Ward, Inc., 331 N.W.2d 585 (Wis. 1983). “” Pursuant to this provision of the constitution the legislature enacted sec. 805.09(2), Stats., which provides: “(2) Verdict.”
State v. Aimee M., 533 N.W.2d 812 (Wis. 1995). “Section 805.09(2), Stats. The sole issue presented on review is whether a circuit court must submit a separate verdict question for each jurisdictional basis alleged in a CHIPS petition and for which evidence is thereafter adduced at trial, rather than a single question asking…”
State v. Verhagen, 2013 WI App 16 (Wis. Ct. App. 2013). “06 (2) (six-person jury in forfeiture actions); § 805.09(2) (five-sixths of jurors must agree on verdict).”
Castaneda v. Pederson, 500 N.W.2d 703 (Wis. Ct. App. 1993). “2d 199 (1948); *484 Sec. 805.09(2), Stats. Further, State v. Barthels, 166 Wis.”
Bittner Ex Rel. Bittner v. Am. Honda Motor Co., 533 N.W.2d 476 (Wis. 1995). “14 Plaintiffs post-verdict motion sought relief from the jury verdict on the following grounds: (1) because the verdict violated the "five-sixths" rule set forth in sec. 805.09, Stats.; (2) juror misconduct; (3) prejudicial error in the submission of certain jury instructions;…”
In Interest of Lauran F., 523 N.W.2d 290 (Wis. Ct. App. 1994). “Section 805.09, STATS. Additionally, C.E.”
— Wis. Stat. § 805.09(2) — 12 cases
Waters Ex Rel. Skow v. Pertzborn, 2001 WI 62 (Wis. 2001). “(Rule) § 805.09(2). The defendants maintain that under Wis.”
City of West Allis v. Wisconsin Elec. Power Co., 2001 WI App 226 (Wis. Ct. App. 2001). “The Wisconsin Constitution, as well as Wis. Stat. § 805.09 (2), require that five-sixths of the jury agree on all questions necessary to support a judgment.”
Castaneda Ex Rel. Correll v. Pederson, 518 N.W.2d 246 (Wis. 1994). “Section 805.09(2), Stats. Dr. Pederson claims that by conducting independent research prior to the close of the case and sharing a statistic with the jury, Kopke was demonstrating bias towards Castaneda and thus was not impartial.”
Nommensen v. Am. Cont'l Ins., 2000 WI App 230 (Wis. Ct. App. 2000). “§ 805.09(2) (1997-98). [2] The trial court ruled that the verdict satisfied the five-sixths rule.”
Giese v. Montgomery Ward, Inc., 331 N.W.2d 585 (Wis. 1983). “” Pursuant to this provision of the constitution the legislature enacted sec. 805.09(2), Stats., which provides: “(2) Verdict.”
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