(1) PERMISSIVE JOINDER. All persons may join in one action as plaintiffs if they assert any right to relief jointly, severally, or in the alternative in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of law or fact common to all these persons will arise in the action. All persons may be joined in one action as defendants if there is asserted against them jointly, severally, or in the alternative, any right to relief in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of law or fact common to all defendants will arise in the action. A plaintiff or defendant need not be interested in obtaining or defending against all the relief demanded. Judgment may be given for one or more of the plaintiffs according to their respective rights to relief, and against one or more defendants according to their respective liabilities.
803.04.Permissive joinder of parties.
Ch. 803: Parties · Last amended 1985 · Last verified July 15, 2026
In one sentenceSection 803.04 lets multiple people join as plaintiffs or be joined as defendants whenever their claims arise from the same transaction or occurrence and share a common question, makes certain insurers proper defendants in negligence cases, allows a non-owning spouse to join actions touching marital property, and lets the court order separate trials to avoid unfair prejudice.
Full Text of Section 803.04
(2) NEGLIGENCE ACTIONS: INSURERS. (a) In any action for damages caused by negligence, any insurer which has an interest in the outcome of such controversy adverse to the plaintiff or any of the parties to such controversy, or which by its policy of insurance assumes or reserves the right to control the prosecution, defense or settlement of the claim or action, or which by its policy agrees to prosecute or defend the action brought by plaintiff or any of the parties to such action, or agrees to engage counsel to prosecute or defend said action or agrees to pay the costs of such litigation, is by this section made a proper party defendant in any action brought by plaintiff in this state on account of any claim against the insured. If the policy of insurance was issued or delivered outside this state, the insurer is by this paragraph made a proper party defendant only if the accident, injury or negligence occurred in this state. (b) If an insurer is made a party defendant pursuant to this section and it appears at any time before or during the trial that there is or may be a cross issue between the insurer and the insured or any issue between any other person and the insurer involving the question of the insurer’s liability if judgment should be rendered against the insured, the court may, upon motion of any defendant in the action, cause the person who may be liable upon such cross issue to be made a party defendant to the action and all the issues involved in the controversy determined in the trial of the action or any 3rd party may be impleaded as provided in s. 803.05. Nothing herein contained shall be construed as prohibiting the trial court from directing and conducting separate trials on the issue of liability to the plaintiff or other party seeking affirmative relief and on the issue of whether the insurance policy in question affords coverage. Any party may move for such separate trials and if the court orders separate trials it shall specify in its order the sequence in which such trials shall be conducted.
(4) SEPARATE TRIALS. The court may make such orders as will prevent a party from being embarrassed, delayed, or put to expense by the inclusion of a party against whom the party asserts no claim and who asserts no claim against the party, and may order separate trials or make other orders to prevent delay or prejudice.
Official Notes
Cross-reference: See s. 632.24 as to insurers being made defendants.
Cross-reference: See s. 775.10 providing that the state may be made a party in an action to quiet title to land.
Plain-English Summary
Plaintiffs may join, or defendants may be joined, whenever they assert or face rights to relief jointly, severally, or in the alternative arising from the same transaction, occurrence, or series of transactions or occurrences, and a question of law or fact common to all of them will arise. No party has to be interested in obtaining or defending against every bit of relief demanded, and judgment can be entered for or against each party according to that party’s own rights and liabilities.
In negligence actions, an insurer with an interest in the outcome adverse to the plaintiff, or one whose policy gives it the right or duty to control the defense, settlement, or costs of the claim, is by this section made a proper defendant, with an in-state-accident limit for policies issued outside Wisconsin. If a cross-issue about coverage arises between the insurer and the insured, or involves someone else’s potential liability, the court can bring in additional parties on that issue or order separate trials on liability versus coverage.
A spouse who is not otherwise a real party in interest or a party required under section 803.03 may join or be joined in an action affecting that spouse’s interest in marital property under chapter 766. And to prevent a joined party from being embarrassed, delayed, or put to needless expense by claims that do not involve them, the court can order separate trials or make other orders to prevent delay or prejudice.
Frequently Asked Questions
When can multiple plaintiffs join together in one Wisconsin lawsuit?
When their claims for relief, whether joint, several, or alternative, arise from the same transaction, occurrence, or series of transactions or occurrences, and a common question of law or fact will arise.
Can I sue an insurance company directly in a Wisconsin negligence case?
Yes, if the insurer has an interest in the outcome adverse to the plaintiff, or its policy gives it the right or duty to control the defense, settlement, or costs of the claim, it is a proper defendant.
Does my spouse have to be part of a lawsuit that touches our marital property?
Not automatically, but section 803.04(3) lets a spouse who is not otherwise a required party or real party in interest join or be joined in an action affecting their interest in marital property.
Can the court separate a liability trial from an insurance coverage dispute?
Yes. If a cross-issue arises over whether an insurance policy covers the claim, the court can order separate trials on liability and coverage.
Do all the plaintiffs joined in one case have to want the same relief?
No. A plaintiff or defendant need not be interested in obtaining or defending against all the relief demanded, and judgment is entered according to each party’s own rights and liabilities.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 646 (1975); 1975 c. 218; 1985 a. 37.
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: permissive joinder of plaintiffs wisconsinsuing an insurance company directly wisconsinmarital property lawsuit joinder wisconsinseparate trials liability and coverage wisconsinjoining defendants same transaction wisconsin