(1) Misjoinder of parties is not ground for dismissal of an action. Parties may be dropped or added by order of the court on motion of any party or on its own initiative at any stage of the action and on such terms as are just. Any claim against a party may be severed and proceeded with separately. Oral argument permitted on motions under this subsection may be heard by telephone under s. 807.13 (1).
803.06.Misjoinder and nonjoinder of parties.
Ch. 803: Parties · Last amended 1987 · Last verified July 15, 2026
In one sentenceSection 803.06 says misjoinder of parties is never a reason to dismiss a case, lets the court add or drop parties or sever claims at any stage on just terms, and lets the court dismiss a named defendant on its own initiative once it learns the summons was never served on that defendant.
Full Text of Section 803.06
(2) When it comes to the attention of the court that the summons has not been served upon a named defendant, the court may enter an order on its own initiative, after notice to parties of record, dismissing the action as to that defendant without prejudice.
Official Notes
Judicial Council Committee’s Note, 1976: Sub. (2) establishes an efficient procedure for dismissing an action against a defendant who has not been served. It will help alleviate situations such as clouds on title that could result from a summons that was not served being on file with the clerk of court. [Re Order effective Jan. 1, 1977]
Judicial Council Note, 1988: Sub. (1) is amended to permit oral argument on motions to drop or add parties to be heard by telephone conference. [Re Order effective Jan. 1, 1988]
Plain-English Summary
Misjoinder of parties is not grounds for dismissing a Wisconsin action. The court may drop or add parties on motion of any party or on its own initiative, at any stage of the case, on whatever terms are just, and any claim against a party may be severed and proceeded with separately; oral argument on motions under this subsection may be heard by telephone under section 807.13(1).
Separately, once it comes to the court’s attention that a named defendant was never served with the summons, the court may, on its own initiative and after notice to the parties of record, dismiss the action as to that defendant without prejudice.
Frequently Asked Questions
Can my whole Wisconsin case be dismissed just because I joined the wrong parties?
No. Section 803.06(1) says misjoinder of parties is not grounds for dismissing an action.
Can the court add or remove parties on its own, without a motion?
Yes. The court may drop or add parties on its own initiative, on such terms as are just, at any stage of the action.
Can a claim against one defendant be split off and handled separately?
Yes. Any claim against a party may be severed and proceeded with separately.
What happens if a named defendant was never served with the summons?
The court may, on its own initiative and after notice to the parties of record, dismiss the action as to that defendant without prejudice.
Is that dismissal for lack of service permanent?
No. It is a dismissal without prejudice.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 649 (1975); Sup. Ct. Order, 73 Wis. 2d xxxi (1976); Sup. Ct. Order, 141 Wis. 2d xiii (1987).
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: misjoinder of parties wisconsinadding or dropping parties wisconsin lawsuitdismissing an unserved defendant wisconsinsevering claims wisconsin civil case