(1) RIGHT PRESERVED. The right of trial by jury as declared in article I, section 5, of the constitution or as given by a statute and the right of trial by the court shall be preserved to the parties inviolate.
805.01.Jury trial of right.
Ch. 805: Trials · Last amended 1983 · Last verified July 15, 2026
In one sentenceSection 805.01 preserves the right to a jury trial but requires a party to demand it, in writing or on the record, by the scheduling or pretrial conference, whichever comes first, or lose that right, and once made, a jury demand cannot be withdrawn without everyone’s consent.
Full Text of Section 805.01
(2) DEMAND. Any party entitled to a trial by jury or by the court may demand a trial in the mode to which entitled at or before the scheduling conference or pretrial conference, whichever is held first. The demand may be made either in writing or orally on the record.
(3) WAIVER. The failure of a party to demand in accordance with sub. (2) a trial in the mode to which entitled constitutes a waiver of trial in such mode. The right to trial by jury is also waived if the parties or their attorneys of record, by written stipulation filed with the court or by an oral stipulation made in open court and entered in the record, consent to trial by the court sitting without a jury. A demand for trial by jury made as herein provided may not be withdrawn without the consent of the parties.
Official Notes
Judicial Council Committee Note, 1983: The time deadline for demanding a jury trial is the scheduling conference where that occurs before or in lieu of the pretrial conference because knowledge of the mode of trial is required for proper scheduling. [Re Order effective July 1, 1983]
NOTE: See also the notes to article I, section 5, of the Wisconsin Constitution.
Plain-English Summary
Wisconsin preserves the right to trial by jury as declared by the state constitution or given by statute, and it preserves the right to trial by the court just as much. Section 805.01 makes clear that neither right is automatically exercised; a party entitled to one has to demand it.
That demand has a deadline. It must be made, in writing or orally on the record, at or before the scheduling conference or the pretrial conference, whichever happens first. Missing that window has a real consequence: failing to demand the trial mode a party is entitled to counts as a waiver of trial in that mode.
Parties can also waive a jury trial deliberately, by a written stipulation filed with the court or an oral stipulation made in open court and entered in the record, agreeing instead to have the court decide the case. And once a jury has been properly demanded, that demand becomes hard to undo; it cannot be withdrawn without the consent of the parties.
Frequently Asked Questions
How do I preserve my right to a jury trial in a Wisconsin civil case?
Demand it, in writing or orally on the record, at or before the scheduling conference or pretrial conference, whichever is held first.
What happens if I forget to demand a jury trial in time?
Section 805.01(3) treats the failure to demand trial in the mode a party is entitled to as a waiver of trial in that mode.
Can both sides agree to let a judge decide the case instead of a jury?
Yes. The parties or their attorneys can waive a jury trial by written stipulation filed with the court, or by an oral stipulation made in open court and entered in the record.
Once I have demanded a jury trial, can I change my mind and withdraw the demand?
Not unilaterally. Section 805.01(3) says a jury demand made under this section may not be withdrawn without the consent of the parties.
Does Section 805.01 create the right to a jury trial, or does it come from somewhere else?
The right itself comes from the Wisconsin Constitution or a statute; Section 805.01 preserves that right, along with the right to trial by the court, and sets the procedure for demanding and waiving it.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 689 (1975); 1975 c. 218; Sup. Ct. Order, 112 Wis. 2d xi (1983); 1983 a. 192.
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: jury trial demand deadline wisconsinwaiving a jury trial wisconsinscheduling conference jury demandstipulating to trial by court wisconsin