Ch. 802: Pleadings, Motions and Pretrial Practice · Last amended 2007 · Last verified July 15, 2026
In one sentenceSection 802.04 sets the formal look of a Wisconsin pleading -- what the caption must show, how averments are organized into numbered paragraphs and separate claims, and how a party may adopt earlier statements by reference or rely on attached exhibits.
(1)CAPTION. Every pleading shall contain a caption setting forth the name of the court, the venue, the title of the action, the file number, and a designation as in s. 802.01 (1). If a pleading contains motions, or an answer or reply contains cross claims or counterclaims, the designation in the caption shall state their existence. In the complaint the caption of the action shall include the standardized description of the case classification type and associated code number as approved by the director of state courts, and the title of the action shall include the names and addresses of all the parties, indicating the representative capacity, if any, in which they sue or are sued and, in actions by or against a corporation, the corporate existence and its domestic or foreign status shall be indicated. In pleadings other than the complaint, it is sufficient to state the name of the first party on each side with an appropriate indication of other parties. Every pleading commencing an action under s. 814.61 (1) (a) or 814.62 (1) or (2) and every complaint filed under s. 814.61 (3) shall contain in the caption, if the action includes a claim for a money judgment, a statement of whether the amount claimed is greater than the amount under s. 799.01 (1) (d).
(2)PARAGRAPHS; SEPARATE STATEMENTS. All averments of claim or defense shall be made in numbered paragraphs, the contents of each of which shall be limited as far as practicable to a statement of a single set of circumstances; and a paragraph may be referred to by number in all succeeding pleadings. Each claim founded upon a separate transaction or occurrence and each defense other than denials shall be stated in a separate claim or defense whenever a separation facilitates the clear presentation of the matters set forth. A counterclaim must be pleaded as such and the answer must demand the judgment to which the defendant supposes to be entitled upon the counterclaim.
(3)ADOPTION BY REFERENCE; EXHIBITS. Statements in a pleading may be adopted by reference in a different part of the same pleading or in another pleading or in any motion. A copy of any written instrument which is an exhibit to a pleading is a part thereof for all purposes.
Plain-English Summary
Every pleading needs a caption naming the court, the venue, the title of the action, the file number, and a designation under section 802.01(1); if the pleading includes motions, or if an answer or reply raises a cross claim or counterclaim, the caption must say so. A complaint’s caption also needs the standardized case classification code, the names and addresses of all parties with any representative capacity noted, and, for corporate parties, their corporate existence and domestic or foreign status. Pleadings other than the complaint only need to name the first party on each side. Complaints commencing certain actions must also state whether a money claim exceeds the small claims threshold.
Averments have to appear in numbered paragraphs, each limited as far as practical to one set of circumstances, so later pleadings can refer back to a paragraph by number. Claims founded on separate transactions or occurrences, and defenses other than denials, should be stated separately whenever separation helps present the matters clearly, and a counterclaim must be pleaded as such with its own demand for the judgment the defendant believes it deserves.
Finally, statements in a pleading may be adopted by reference elsewhere in the same pleading, in another pleading, or in a motion, and any written instrument attached as an exhibit becomes part of the pleading for all purposes.
Frequently Asked Questions
What information has to appear in a Wisconsin complaint’s caption?
The court, venue, title of the action, file number, case classification code, the names and addresses of the parties with any representative capacity noted, and corporate status where relevant.
Do I need the full caption detail in every pleading, like an answer?
No. Pleadings other than the complaint only need to state the name of the first party on each side, with an appropriate indication of the others.
Why do pleadings use numbered paragraphs?
So that each paragraph is limited to a single set of circumstances and can be referred to by number in later pleadings in the case.
Does a counterclaim need its own request for relief?
Yes. The answer asserting a counterclaim must demand the judgment to which the defendant supposes it is entitled on the counterclaim.
Can I reference something I already stated earlier instead of repeating it?
Yes. Statements in a pleading may be adopted by reference in a different part of the same pleading, in another pleading, or in a motion.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 621 (1975); 1975 c. 218; Sup. Ct. Order, 171 Wis. 2d xix (1992); 1995 a. 27; 2007 a. 97.
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
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