Wisconsin Statutes
Wis. Stat. § 972.01 (2026)
Jury; civil rules applicable
✓ current as of July 2026
Find cases:
SyfertCases citing this section
WI-LEGdocs.legis.wisconsin.gov
JustiaChapter on Justia
CornellLII Search
CasesGoogle Scholar
972.01972.01 Jury; civil rules applicable. The summoning of jurors, the selection and qualifications of the jury, the challenge of jurors for cause and the duty of the court in charging the jury and giving instructions and discharging the jury when unable to agree shall be the same in criminal as in civil actions, except that s. 805.08 (3) shall not apply.
972.01 HistoryHistory: Sup. Ct. Order, 67 Wis. 2d 585, 784 (1975); Sup. Ct. Order No. 96-08, 207 Wis. 2d xv (1997).
972.01 AnnotationThe charge as to the duty of a jury to try to reach agreement was proper. Kelley v. State, 51 Wis. 2d 641, 187 N.W.2d 810 (1971).
972.01 AnnotationReinstruction presenting for the first time choices for lesser included offenses not presented in the initial instructions, if proper at all, would be a rare event, only done in exceptional circumstances. State v. Thurmond, 2004 WI App 49, 270 Wis. 2d 477, 677 N.W.2d 655, 03-0191.
Notes of Decisions
Cited in 10
cases (1 in the last 5 years), 1979–2021 · leading case: State v. Ramos, 564 N.W.2d 328 (Wis. 1997).
State v. Ramos, 564 N.W.2d 328 (Wis. 1997). “08 (1) (applicable to criminal trials by virtue of Wis. Stat. § 972.01 ). "[T]he defendant is entitled to 6 peremptory challenges.”
State v. Thurmond, 2004 WI App 49 (Wis. Ct. App. 2004). “13(5) authorizes the trial court to reinstruct the jury after deliberations have begun: "After the jury retires, the court may reinstruct the jury as to all or any part of the instructions previously given, or may give supplementary instructions as it deems appropriate.”
State v. Olsen, 299 N.W.2d 632 (Wis. Ct. App. 1980). “7 Section 972.01, Stats., provides that “the duty of the court in charging the jury and giving instructions” is “the same in criminal as in civil actions.”
State v. Coble, 301 N.W.2d 221 (Wis. 1981). “, provides that the rules of evidence and practice in civil actions shall be applicable in all criminal proceedings unless the context of a section or rule manifestly requires a different context; and that sec. 972.01, Stats., provides that "The summoning of jurors, the…”
Hammill v. State, 278 N.W.2d 821 (Wis. 1979). “08 is contained in a statutory chapter dealing with civil trials; however it applies to criminal trials by virtue of sec. 972.01, Stats. 6 These figures differ slightly from the totals given by the defendant in his brief, however they are accurate enough for our purposes in this…”
State v. Sohn, 535 N.W.2d 1 (Wis. Ct. App. 1995). “Section 972.01, Stats. 4 Section 805.13(3), *355 STATS.”
State v. Lindell, 2000 WI App 180 (Wis. Ct. App. 2000). “08 (1); see also Wis. Stat. § 972.01 . Additionally, "[i]f a juror is not indifferent in the case, the juror shall be excused.”
E. B. v. State, 325 N.W.2d 64 (Wis. Ct. App. 1982). “Section 972.01 of the criminal procedure code also makes applicable the rules of civil procedure provisions with respect to “charging the jury and giving instructions .”
State v. Theophilous Ruffin (Wis. Ct. App. 2021). “However, it went on to state, “As this court has stated, the court of appeals has no power to reach an unobjected-to jury instruction because the court of appeals lacks a discretionary power of review.” Id. Thus, not only has Ruffin waived his objection to the jury instruction,…”
In Matter of Eb, 325 N.W.2d 64 (Wis. Ct. App. 1982). “Section 972.01 of the criminal procedure code also makes applicable the rules of civil procedure provisions with respect to "charging the jury and giving instructions .”
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.