(1) SIGNATURE. Every pleading, written motion, and other paper shall be signed by at least one attorney of record in the attorney’s individual name, or, if the party is not represented by an attorney, shall be signed by the party. Each paper shall state the signer’s address and telephone number, electronic mail address, and state bar number, if any. Any attorney or party signing a paper under this section shall designate and provide the court with a primary electronic mail address and shall be responsible for the accuracy of and any necessary changes to the electronic mail address provided to the court. Except when otherwise specifically provided by rule or statute, pleadings need not be verified or accompanied by affidavit. An unsigned paper shall be stricken unless omission of the signature is corrected promptly after being called to the attention of the attorney or party.
802.05.Signing of pleadings, motions, and other papers; representations to court; sanctions.
Ch. 802: Pleadings, Motions and Pretrial Practice · Last amended 2020 · Last verified July 15, 2026
In one sentenceSection 802.05 requires every pleading, motion, and paper to be signed, makes signing a certification that the filing is not frivolous or abusive, and lays out how a court can sanction a violation, while carving out special rules for attorneys who help self-represented litigants draft documents and for prisoner lawsuits.
Full Text of Section 802.05
(2) REPRESENTATIONS TO COURT. By presenting to the court, whether by signing, filing, submitting, or later advocating a pleading, written motion, or other paper, an attorney or unrepresented party is certifying that to the best of the person’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, all of the following:
(a) The paper is not being presented for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation.
(b) The claims, defenses, and other legal contentions stated in the paper are warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law.
(c) The allegations and other factual contentions stated in the paper have evidentiary support or, if specifically so identified, are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery.
(d) The denials of factual contentions stated in the paper are warranted on the evidence or, if specifically so identified, are reasonably based on a lack of information or belief. (2m) ADDITIONAL REPRESENTATIONS TO COURT AS TO PREPARATION OF PLEADINGS OR OTHER DOCUMENTS. An attorney may draft or assist in drafting a pleading, motion, or document filed by an otherwise self-represented person. The attorney is not required to sign the pleading, motion, or document. Any such document must contain a statement immediately adjacent to the person’s signature that “This document was prepared with the assistance of a lawyer.” The attorney providing such drafting assistance may rely on the otherwise self-represented person’s representation of facts, unless the attorney has reason to believe that such representations are false, or materially insufficient, in which instance the attorney shall make an independent reasonable inquiry into the facts.
(3) SANCTIONS. If, after notice and a reasonable opportunity to respond, the court determines that sub. (2) has been violated, the court may impose an appropriate sanction upon the attorneys, law firms, or parties that have violated sub. (2) or are responsible for the violation in accordance with the following:
(a) How initiated. 1. ‘By motion.’ A motion for sanctions under this rule shall be made separately from other motions or requests and shall describe the specific conduct alleged to violate sub. (2). The motion shall be served as provided in s. 801.14, but shall not be filed with or presented to the court unless, within 21 days after service of the motion or such other period as the court may prescribe, the challenged paper, claim, defense, contention, allegation, or denial is not withdrawn or appropriately corrected. If warranted, the court may award to the party prevailing on the motion reasonable expenses and attorney fees incurred in presenting or opposing the motion. Absent exceptional circumstances, a law firm shall be held jointly responsible for violations committed by its partners, associates, and employees. 2. ‘On court’s initiative.’ On its own initiative, the court may enter an order describing the specific conduct that appears to violate sub. (2) and directing an attorney, law firm, or party to show cause why it has not violated sub. (2) with the specific conduct described in the court’s order.
(b) Nature of sanction; limitations. A sanction imposed for violation of this rule shall be limited to what is sufficient to deter repetition of such conduct or comparable conduct by others similarly situated. Subject to the limitations in subds. 1. and 2., the sanction may consist of, or include, directives of a nonmonetary nature, an order to pay a penalty into court, or, if imposed on motion and warranted for effective deterrence, an order directing payment to the movant of some or all of the reasonable attorney fees and other expenses incurred as a direct result of the violation subject to all of the following: 1. Monetary sanctions may not be awarded against a represented party for a violation of sub. (2) (b). 2. Monetary sanctions may not be awarded on the court’s initiative unless the court issues its order to show cause before a vol- untary dismissal or settlement of the claims made by or against the party that is, or whose attorneys are, to be sanctioned.
(c) Order. When imposing sanctions, the court shall describe the conduct determined to constitute a violation of this rule and explain the basis for the sanction imposed.
(4) PRISONER LITIGATION. (a) A court shall review the initial pleading as soon as practicable after the action or special proceeding is filed with the court if the action or special proceeding is commenced by a prisoner, as defined in s. 801.02 (7) (a) 2. (b) The court may dismiss the action or special proceeding under par. (a) without requiring the defendant to answer the pleading if the court determines that the action or special proceeding meets any of the following conditions: 1. The action or proceeding is frivolous, as determined by a violation of sub. (2). 2. The action or proceeding is used for any improper purpose, such as to harass, to cause unnecessary delay or to needlessly increase the cost of litigation. 3. The action of proceeding seeks monetary damages from a defendant who is immune from such relief. 4. The action or proceeding fails to state a claim upon which relief may be granted. (c) If a court dismisses an action or special proceeding under par. (b) the court shall notify the department of justice or the attorney representing the political subdivision, as appropriate, of the dismissal by a procedure developed by the director of state courts in cooperation with the department of justice. (d) The dismissal of an action or special proceeding under par. (b) does not relieve the prisoner from paying the full filing fee related to that action or special proceeding.
Official Notes
NOTE: Sup. Ct. Order No. 19-16 states that “the Comment to Wis. Stat. § 802.05 (2m) is not adopted, but will be published and may be consulted for guidance in interpreting and applying the rule.” Comment to s. 802.05 (2m), 2020: A previous version of s. 802.05(2m) required an attorney to include his or her name and state bar number on documents prepared under s. 802.05(2m). This requirement was removed because of its chilling effect on the effectiveness of limited scope representation. However, attorneys are reminded that, even in the context of limited scope representation, all of the rules of professional conduct for attorneys apply, and limited scope cases should be conducted consistent with the attorney’s professional obligations, including SCR 20:1.1 (competence) and SCR 20:3.1 (meritorious claims and contentions). Lawyers are reminded to be wary that the client is not using the lawyer’s limited assistance to assert meritless claims. Providing limited scope representation will not insulate a lawyer from the potential disciplinary consequences of violation of applicable rules. Sua sponte or on motion to the court, a court may order a litigant to disclose the name of the attorney who assisted with preparation of the document, if known, and may direct the attorney to appear before the court to respond to the concerns raised. This comment is intended as a reminder of the existing ethical obligations imposed on all attorneys and an avenue for relief if a court is confronted with meritless filings submitted under this rule.
NOTE: The above annotations cite to this section as it existed prior to its repeal and recreation by Sup. Ct. Order No. 03-06. This section is a procedural rule, and procedural rules generally have retroactive application. However, this section, as affected by Supreme Court Order No. 03-06, is not to be applied retroactively when the new rule diminishes a contract, disturbs vested rights, or imposes an unreasonable burden on the party charged with complying with the new rule’s requirements. Trinity Petroleum, Inc. v. Scott Oil Co., 2007 WI 88, 302 Wis. 2d 299, 735 N.W.2d 1, 05-2837. Sub. (3) (a) 1. requires the party seeking sanctions to first serve the motion on the potentially sanctionable party, who then has 21 days to withdraw or appropriately correct the claimed violation. The movant cannot file a motion for sanctions unless that time period has expired without a withdrawal or correction. A postjudgment sanctions motion does not comply with sub. (3) (a) 1. It would wrench both the language and the purpose of the rule to permit an informal warning to substitute for service of the motion. Ten Mile Investments, LLC v. Sherman, 2007 WI App 253, 306 Wis. 2d 799, 743 N.W.2d 442, 06-0353. Under sub. (1), every motion filed in court must be signed by an attorney, or it shall be stricken. Sub. (1) required the circuit court to strike from the record an affidavit and proposed order submitted by a child support agency that was not executed by an attorney. Meyer v. Teasdale, 2009 WI App 152, 321 Wis. 2d 647, 775 N.W.2d 123, 08-2827. Ch. 767 does not prohibit civil sanctions for frivolous proceedings under this section. Therefore, a motion for sanctions under subs. (2) and (3) in a divorce action under ch. 767 is governed by the rules of civil procedure because ch. 767 does not preclude such motions. Wenzel v. Wenzel, 2017 WI App 75, 378 Wis. 2d 670, 904 N.W.2d 384, 16-1771.
Plain-English Summary
Every pleading, written motion, and other paper must be signed by at least one attorney of record, or by the party if unrepresented, and must state the signer’s address, phone number, email, and state bar number if any, along with a designated primary email address for the court to use. Pleadings generally need no verification or affidavit. An unsigned paper gets stricken unless the missing signature is corrected promptly once flagged.
By presenting a paper to the court, whether by signing, filing, submitting, or later advocating it, an attorney or unrepresented party certifies, after a reasonable inquiry, that the paper is not being presented for an improper purpose such as harassment or delay, that its legal contentions are warranted by existing law or a nonfrivolous argument to change it, that its factual contentions have or will likely have evidentiary support, and that its denials are warranted or reasonably based on a lack of information. A separate provision lets an attorney draft or help draft a document for an otherwise self-represented person without signing it or appearing, as long as the document carries a statement that it was prepared with a lawyer’s assistance, and the attorney may generally rely on the client’s account of the facts.
If the court finds a violation after notice and a chance to respond, it may sanction the attorneys, firms, or parties responsible. A sanctions motion cannot be filed until 21 days after it is served on the other side, giving that side a chance to withdraw or correct the challenged material, and the court can also act on its own initiative through a show-cause order. Any sanction must be limited to deterring repetition, can include nonmonetary directives or a penalty paid into court, and, if warranted, can include an order to pay the other side’s reasonable fees and expenses, subject to limits: monetary sanctions cannot be imposed on a represented party for the legal-contentions certification alone, and the court cannot impose monetary sanctions on its own initiative after a voluntary dismissal or settlement unless it issued its show-cause order first.
A separate subsection requires courts to screen a prisoner’s initial pleading as soon as practicable and allows dismissal without an answer if the case is frivolous, brought for an improper purpose, seeks damages from an immune defendant, or fails to state a claim, with notice to the department of justice or the relevant political subdivision’s counsel, though dismissal does not excuse the prisoner from the filing fee. None of this applies to discovery requests, responses, objections, or motions, which are instead governed by chapter 804.
Frequently Asked Questions
Does every paper filed in a Wisconsin case need to be signed?
Yes, by at least one attorney of record or, if the party has no attorney, by the party, along with the signer’s address, phone number, email, and bar number if any.
What am I certifying when I sign and file a motion in Wisconsin court?
That it is not being presented for an improper purpose, that its legal contentions are warranted by existing law or a nonfrivolous argument to change it, and that its factual contentions have or will likely have evidentiary support.
Is there a warning period before someone can be sanctioned for a frivolous filing?
Yes. A motion for sanctions cannot be filed unless the challenged paper, claim, or contention is not withdrawn or corrected within 21 days after the motion is served on the other side.
Can an attorney help me write my court documents without formally representing me?
Yes. Under section 802.05(2m), an attorney can draft or help draft a document for a self-represented person without signing it, as long as the document states it was prepared with a lawyer’s assistance.
Does this section apply to discovery requests and objections?
No. Section 802.05(5) says subsections (1) to (3) do not apply to disclosures and discovery governed by sections 804.01 to 804.12.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 622 (1975); 1975 c. 218; 1987 a. 256; Sup. Ct. Order, 161 Wis. 2d xvii (1991); Sup. Ct. Order, 171 Wis. 2d xix (1992); 1997 a. 133; Sup. Ct. Order No. 03-06, 2005 WI 38, 278 Wis. 2d xiii; Sup. Ct. Order No. 03-06A, 2005 WI 86, 280 Wis. 2d xiii; 2005 a. 253; Sup. Ct. Order No. 13-10, 2014 WI 45, 354 Wis. 2d xliii; 2017 a. 317; 2019 a. 30; Sup. Ct. Order No. 19-16, 2020 WI 38, 391 Wis. 2d xiii.
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 sanctions for frivolous filingssigning pleadings requirement wisconsinattorney certification wisconsin lawsuitghostwriting document lawyer assistance wisconsinprisoner lawsuit screening wisconsin