(1) A party asserting a claim to relief as an original claim, counterclaim, cross claim, or 3rd-party claim, may join, either as independent or as alternate claims, as many claims, legal or equitable, as the party has against an opposing party.
803.02.Joinder of claims and remedies.
Ch. 803: Parties · Last amended 2007 · Last verified July 15, 2026
In one sentenceSection 803.02 lets a party pack every claim it has against an opponent, legal or equitable, independent or alternative, into one action, and lets a plaintiff join a money claim with a claim to set aside a fraudulent conveyance without first winning a judgment on the money claim.
Full Text of Section 803.02
(2) Whenever a claim is one heretofore cognizable only after another claim has been prosecuted to a conclusion, the 2 claims may be joined in a single action; but the court shall grant relief in that action only in accordance with the relative substantive rights of the parties. In particular, a plaintiff may state a claim for money and a claim to have set aside a conveyance fraudulent as to the plaintiff, without first having obtained a judgment establishing the claim for money.
Plain-English Summary
Section 803.02 gives broad claim-joinder rights: a party asserting an original claim, counterclaim, cross claim, or third-party claim may join as many claims, legal or equitable, independent or in the alternative, as it has against an opposing party. It does not require the joined claims to arise from the same transaction to be combined in one action.
The section also addresses claims that historically could only be brought after another claim was resolved, letting the two now be joined in a single action, though the court still grants relief only according to the parties’ actual substantive rights. As an example, a plaintiff can state a claim for money together with a claim to set aside a conveyance that is fraudulent as to the plaintiff, without first having to obtain a judgment establishing the money claim.
Frequently Asked Questions
Can I bring both a legal claim and an equitable claim against the same opponent in one Wisconsin lawsuit?
Yes. Section 803.02 lets a party join as many legal or equitable claims as it has against an opposing party in a single action.
Do my claims have to be related to each other before I can join them?
No. The section allows joinder of independent or alternative claims against the same opposing party without requiring them to arise from the same transaction.
Can I sue to collect a debt and set aside a fraudulent transfer in the same lawsuit?
Yes. Section 803.02(2) specifically lets a plaintiff combine a claim for money with a claim to set aside a conveyance fraudulent as to the plaintiff, without first obtaining a judgment on the money claim.
Does joining multiple claims change what relief the court can award?
No. The court grants relief only in accordance with the parties’ relative substantive rights, even when claims that once required sequential litigation are joined together.
Can a counterclaim or cross claim also combine multiple legal theories?
Yes. The joinder right in section 803.02 applies to original claims, counterclaims, cross claims, and third-party claims alike.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 642 (1975); 1975 c. 218; 2005 a. 253; 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
Also known as: joinder of claims wisconsincombining legal and equitable claims wisconsinfraudulent conveyance claim joinder wisconsinmultiple claims one lawsuit wisconsin