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803.10.Substitution of parties.

Ch. 803: Parties · Last amended 2005 · Last verified July 15, 2026

In one sentenceSection 803.10 keeps a Wisconsin case alive when a party dies, is adjudicated incompetent, transfers an interest, or is a public officer who leaves office, by setting out how and when a successor gets substituted in, and it makes clear a verdict or finding rendered against someone after death is void.

Full Text of Section 803.10

Text sizeJump to: (1) (2) (3) (4) (5)

(1) DEATH. (a) If a party dies and the claim is not thereby extinguished, the court may order substitution of the proper parties. The motion for substitution may be made by any party or by the successors or representatives of the deceased party and, together with the notice of hearing, shall be served on the parties as provided in s. 801.14 and upon persons not parties in the manner provided in s. 801.11 for the service of a summons. Unless the motion for substitution is made not later than 90 days after the death is suggested on the record by service of a statement of the facts of the death as provided herein for the service of the motion, the action shall be dismissed as to the deceased party. (b) In the event of the death of one or more of the plaintiffs or of one or more of the defendants in the action in which the right sought to be enforced survives only to the surviving plaintiffs or only against the surviving defendants, the action does not abate. The death shall be suggested upon the record and the action shall proceed in favor of or against the surviving parties.
(2) INCOMPETENCY. If a party is adjudicated incompetent, the court upon motion served as provided in sub. (1) may allow the action to be continued by or against the party’s representative.
(3) TRANSFER OF INTEREST. In case of any transfer of interest, the action may be continued by or against the original party unless the court upon motion directs the person to whom the interest is transferred to be substituted in the action or joined with the original party. Service of the motion shall be made as provided in sub. (1).
(4) PUBLIC OFFICERS; DEATH OR SEPARATION FROM OFFICE. (a) When a public officer, including a receiver or trustee appointed by virtue of any statute, is a party to an action in an official capacity and during its pendency dies, resigns, or otherwise ceases to hold office, the action does not abate and the successor is automatically substituted as a party. Proceedings following the substitution shall be in the name of the substituted party, but any misnomer not affecting the substantial rights of the parties shall be disregarded. An order of substitution may be entered at any time, but the omission to enter such an order shall not affect the substitution. (b) When a public officer sues or is sued in an official capacity, the public officer may be described as a party by the official title rather than by name; but the court may require the officer’s name to be added.
(5) DEATH AFTER VERDICT OR FINDINGS. After an accepted offer to allow judgment to be taken or to settle pursuant to s. 807.01, or after a verdict, report of a referee or finding by the court in any action, the action does not abate by the death of any party, but shall be further proceeded with in the same manner as if the cause of action survived by law; or the court may enter judgment in the names of the original parties if such offer, verdict, report or finding be not set aside. But a verdict, report or finding rendered against a party after death is void.

Plain-English Summary

If a party dies and the claim survives, the court may order substitution of the proper party, on motion by any party or by the deceased’s successors or representatives, served on the parties under section 801.14 and, for nonparties, in the manner of a summons under section 801.11. That motion has to be made within 90 days after the death is suggested on the record, or the action is dismissed as to the deceased party. But if the surviving right belongs only to the remaining plaintiffs, or runs only against the remaining defendants, the action does not abate at all; the death is suggested on the record and the case proceeds among the survivors. If a party is adjudicated incompetent, the court, on motion served the same way, may allow the action to continue by or against that party’s representative, and a transfer of interest lets the action continue in the original party’s name unless the court, on motion, orders the transferee substituted or joined.

When a public officer sued in an official capacity dies, resigns, or otherwise leaves office during the case, the action does not abate; the successor is automatically substituted, proceedings continue in the successor’s name, and any misnomer that does not affect substantial rights is disregarded. A formal order of substitution is not required for the substitution to take effect, though one may be entered at any time. An officer can be sued or described by official title rather than by name, though the court may require the name to be added.

Once there has been an accepted settlement offer, a verdict, a referee’s report, or a court finding, a party’s death does not abate the case; it proceeds as though the claim survived, or judgment can be entered in the original parties’ names if the offer, verdict, report, or finding still stands. But a verdict, report, or finding rendered against a party after that party’s death is void.

Frequently Asked Questions

What happens to a Wisconsin lawsuit if a party dies while it’s pending?

If the claim survives the death, the court may order substitution of the proper party on motion, but the motion must be made within 90 days after the death is suggested on the record, or the action is dismissed as to the deceased party.

Does a case end if only the surviving parties can still hold the right involved?

No. If the right sought to be enforced survives only to the surviving plaintiffs or only against the surviving defendants, the action does not abate; the death is noted on the record and the case continues.

What happens when a public officer sued in an official capacity leaves office during the case?

The action does not abate, and the officer’s successor is automatically substituted as a party, with proceedings continuing in the successor’s name.

Does the court have to enter a formal order to substitute a public officer’s successor?

No. An order of substitution may be entered at any time, but failing to enter one does not affect the substitution itself.

Is a verdict valid if it’s entered against someone who had already died?

No. Section 803.10(5) says a verdict, report, or finding rendered against a party after that party’s death is void.

Amendment History

History: Sup. Ct. Order, 67 Wis. 2d 585, 652 (1975); 1975 c. 200, 218; 1993 a. 486; 2005 a. 387.

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: substitution of parties after death wisconsinsuggestion of death on the record wisconsinpublic officer successor substitution wisconsin90 day deadline to substitute a deceased party wisconsinincompetency substitution of party wisconsin