802.01.Pleadings allowed; form of motions.
Ch. 802: Pleadings, Motions and Pretrial Practice · Last amended 2007 · Last verified July 15, 2026
Full Text of Section 802.01
Official Notes
Judicial Council Committee’s Note on sub. (1), 1981: See 1981 Note to s. 802.02 (4). [Re Order effective Jan. 1, 1982]
Plain-English Summary
Section 802.01 draws a closed list of pleadings for a Wisconsin lawsuit: a complaint and an answer, a reply to a counterclaim, an answer to a cross claim when the answer contains one, a third-party complaint when a new person is summoned under section 803.05, and a third-party answer when that complaint is served. Nothing else is allowed unless the court orders a further pleading in response to a reply or an answer.
The section then sets the form for motions. An application for a court order must ordinarily be written, state its grounds with particularity, and set out the relief sought, though the writing requirement is satisfied by a written notice of hearing. Orders to show cause are off the table unless a statute specifically authorizes one. A motion must be accompanied by the records and papers it relies on, unless those were already filed or served in the case, and any additional material offered at the hearing has to give opposing counsel a fair chance to respond. Orders are presumed based on the papers and proceedings already had, and must recite the nature of the motion, the appearances, and the relevant dates, without further formal recitals. Every written motion’s caption must name the party seeking relief and briefly describe the relief sought.
Finally, the section abolishes demurrers and pleas outright, part of Wisconsin’s broader move away from older common-law pleading forms toward the motion practice set out in section 802.06. It also fixes when a motion counts as made for computing deadlines: a motion requiring notice under section 801.15(4) is deemed made when served with its notice of motion.
Frequently Asked Questions
What pleadings are allowed in a Wisconsin civil lawsuit?
A complaint, an answer, a reply to a counterclaim, an answer to a cross claim when the answer raises one, a third-party complaint when a new party is summoned under section 803.05, and a third-party answer. No other pleading is allowed unless the court orders one.
Can I still file a demurrer in Wisconsin?
No. Section 802.01(3) abolishes demurrers and pleas.
Does a motion have to be in writing?
Generally yes, unless it is made during a hearing or trial. The writing requirement is satisfied if the motion is stated in a written notice of the hearing on the motion.
What has to be included in the caption of a written motion?
The name of the party seeking the order or relief and a brief description of the type of relief sought.
When is a motion considered made for purposes of computing a deadline?
A motion that requires notice under section 801.15(4) is deemed made when it is served with its notice of motion.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 614 (1975); Sup. Ct. Order, 104 Wis. 2d xi (1981); Sup. Ct. Order, 171 Wis. 2d xix (1992); 2005 a. 253; 2007 a. 97.