Ch. 802: Pleadings, Motions and Pretrial Practice · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 802.02 sets the baseline requirements for every Wisconsin pleading that states a claim or defense: a short, plain statement of the claim and a demand for relief, specific admissions or denials, a list of affirmative defenses, the effect of failing to deny an allegation, and a direction to construe pleadings toward substantial justice.
(1)CONTENTS OF PLEADINGS. A pleading or supplemental pleading that sets forth a claim for relief, whether an original or amended claim, counterclaim, cross claim or 3rd-party claim, shall contain all of the following:
(a)A short and plain statement of the claim, identifying the transaction or occurrence or series of transactions or occurrences out of which the claim arises and showing that the pleader is entitled to relief.
(b)A demand for judgment for the relief the pleader seeks. (1m) RELIEF DEMANDED. (a) Relief in the alternative or of several different types may be demanded. With respect to a tort claim seeking the recovery of money, the demand for judgment may not specify the amount of money the pleader seeks. (b) This subsection does not affect any right of a party to specify to the jury or the court the amount of money the party seeks.
(2)DEFENSES; FORM OF DENIALS. A party shall state in short and plain terms the defenses to each claim asserted and shall admit or deny the averments upon which the adverse party relies. If the party is without knowledge or information sufficient to form a belief as to the truth of an averment, the party shall so state and this has the effect of a denial. Denials shall fairly meet the substance of the averments denied. The pleader shall make the denials as specific denials of designated averments or paragraphs, but if a pleader intends in good faith to deny only a part or a qualification of an averment, the pleader shall specify so much of it as is true and material and shall deny only the remainder.
(3)AFFIRMATIVE DEFENSES. In pleading to a preceding pleading, a party shall set forth affirmatively any matter constituting an avoidance or affirmative defense including but not limited to the following: accord and satisfaction, arbitration and award, assumption of risk, contributory negligence, discharge in bankruptcy, duress, estoppel, failure of a condition subsequent, failure or want of consideration, failure to mitigate damages, fraud, illegality, immunity, incompetence, injury by fellow servants, laches, license, payment, release, res judicata, statute of frauds, statute of limitations, superseding cause, and waiver. When a party has mistakenly designated a defense as a counterclaim or a counterclaim as a defense, the court, if justice so requires, shall permit amendment of the pleading to conform to a proper designation. If an affirmative defense permitted to be raised by motion under s. 802.06 (2) is so raised, it need not be set forth in a subsequent pleading.
(4)EFFECT OF FAILURE TO DENY. Averments in a pleading to which a responsive pleading is required, other than those as to the fact, nature and extent of injury and damage, are admitted when not denied in the responsive pleading, except that a party whose prior pleadings set forth all denials and defenses to be relied upon in defending a claim for contribution need not respond to such claim. Averments in a pleading to which no responsive pleading is required or permitted shall be taken as denied or avoided.
(5)PLEADINGS TO BE CONCISE AND DIRECT; CONSISTENCY.
(a)Each averment of a pleading shall be simple, concise, and direct. No technical forms of pleading or motions are required.
(b)A party may set forth 2 or more statements of a claim or defense alternatively or hypothetically, either in one claim or defense or in separate claims or defenses. When 2 or more statements are made in the alternative and one of them if made independently would be sufficient, the pleading is not made insufficient by the insufficiency of one or more of the alternative statements. A party may also state as many separate claims or defenses as the party has regardless of consistency and whether based on legal or equitable grounds. All statements shall be made subject to the obligations set forth in s. 802.05.
(6)CONSTRUCTION OF PLEADINGS. All pleadings shall be so construed as to do substantial justice.
Official Notes
Cross-reference: See s. 806.01 (1) (c) for the effect of a demand for judgment or want of such a demand in the complaint in case of judgment by default.
Cross-reference: See ss. 891.29 and 891.31 as to the effect of not denying an allegation in the complaint of corporate or partnership existence.
Judicial Council Committee’s Note, 1977: Sub. (1) is amended to allow a pleading setting forth a claim for relief under the Rules of Civil Procedure to contain a short and plain statement of any series of transactions, occurrences, or events under which a claim for relief arose. This modification will allow a pleader in a consumer protection or anti-trust case, for example, to plead a pattern of business transactions, occurrences or events leading to a claim of relief rather than having to specifically plead each and every transaction, occurrence or event when the complaint is based on a pattern or course of business conduct involving either a substantial span of time or multiple and continuous transactions and events. The change is consistent with Rule 8 (a) (2) of the Federal Rules of Civil Procedure. [Re Order effective July 1, 1978]
Judicial Council Committee’s Note, 1981: Sub. (4) has been amended and s. 802.07 (6) repealed to limit the circumstances in which a responsive pleading to a claim for contribution is required. A claim for contribution is a claim for relief under sub. (1) which normally requires an answer, reply or third-party answer. The amendment to sub. (4), however, eliminates this requirement where the party from whom contribution is sought has already pleaded all denials and defenses to be relied upon in defending the contribution claim. [Re Order effective Jan. 1, 1982]
Plain-English Summary
Section 802.02 opens with the basics of stating a claim: a short and plain statement identifying the transaction, occurrence, or series of transactions or occurrences the claim arises from, and a demand for the relief sought. Relief can be sought in the alternative or in several types, but a tort claim seeking money may not state the specific dollar amount in the demand, though a party can still tell the jury or court the amount it seeks.
On the defense side, a party must admit or deny the averments it faces. Stating a lack of knowledge or information sufficient to form a belief about the truth of an averment counts as a denial. Denials must address the substance of what is denied, specific enough to identify the paragraphs or averments at issue, and a party denying only part of an averment must specify what it admits as true and deny only the rest. Affirmative defenses, including things like accord and satisfaction, statute of limitations, fraud, laches, and waiver, must be pleaded affirmatively, though a mistakenly mislabeled defense or counterclaim can be fixed by amendment, and a defense properly raised by motion under section 802.06(2) does not need to be repeated in a later pleading.
Failing to deny an averment in a pleading that calls for a response generally admits it, except for averments about the fact, nature, and extent of injury and damage, and except that a party whose prior pleadings already cover all its denials and defenses need not respond separately to a contribution claim. Averments in a pleading that requires no response are treated as denied or avoided. Pleadings must be simple, concise, and direct, without technical forms, and a party may plead alternative or even inconsistent claims and defenses, on legal or equitable grounds, subject to the certification obligations in section 802.05. Above all, section 802.02(6) directs that pleadings be construed to do substantial justice.
Frequently Asked Questions
What does a Wisconsin complaint have to include?
A short and plain statement identifying the transaction, occurrence, or series of transactions or occurrences the claim arises from, showing entitlement to relief, and a demand for judgment.
Can I say I don’t have enough information to admit or deny an allegation?
Yes. Stating that you are without knowledge or information sufficient to form a belief about the truth of an averment has the effect of a denial.
What are examples of affirmative defenses I have to plead in Wisconsin?
Section 802.02(3) lists examples including accord and satisfaction, arbitration and award, assumption of risk, contributory negligence, duress, estoppel, fraud, laches, release, res judicata, statute of frauds, statute of limitations, and waiver, among others.
What happens if I don’t deny an allegation in my answer?
It is treated as admitted, with an exception for averments about the fact, nature, and extent of injury and damage, which are not deemed admitted just because they went undenied.
Can I plead inconsistent claims or defenses in the same Wisconsin case?
Yes. A party may state as many separate claims or defenses as it has, regardless of consistency and whether they rest on legal or equitable grounds, subject to the obligations in section 802.05.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 616 (1975); 1975 c. 218; Sup. Ct. Order, 82 Wis. 2d ix (1978); Sup. Ct. Order, 104 Wis. 2d xi (1981); 1987 a. 256; 1993 a. 486.
Source & verification. Section text and official notes are
reproduced verbatim from the Wisconsin Statutes, published by the
Wisconsin Legislature (Legislative Reference Bureau). Last verified July 15, 2026.
· Official source
Also known as:wisconsin general pleading requirementsaffirmative defenses list wisconsindenying allegations in an answer wisconsinfailure to deny complaint wisconsinpleading in the alternative wisconsin