(1) In all actions not triable of right by a jury, the court upon motion or on its own initiative may try any issue with an advisory jury.
805.02.Advisory jury and trial by consent.
Ch. 805: Trials · Last amended 1975 · Last verified July 15, 2026
In one sentenceSection 805.02 lets a court try any issue with an advisory jury in a case that would not otherwise get one, and lets the parties agree, by consenting to a jury, to a verdict that carries the same binding effect as a jury trial demanded as of right.
Full Text of Section 805.02
(2) With the consent of both parties, the court may order a trial with a jury whose verdict has the same effect as if trial by jury had been a matter of right.
Plain-English Summary
Not every case comes with a guaranteed right to a jury. For those that do not, Section 805.02(1) still lets the court bring a jury into the picture: on a motion or on its own initiative, the court can try any issue with an advisory jury. As the name suggests, that jury’s role is to inform the court’s decision rather than to decide the case outright the way a jury does when the right to one applies.
Section 805.02(2) offers the parties a way to make the jury’s role binding instead. With the consent of both parties, the court can order a trial with a jury whose verdict has the same effect as if a jury trial had been a matter of right. That consent transforms what would otherwise be advisory input into a verdict the court is bound to follow the same way it would in any case triable of right by a jury.
Frequently Asked Questions
Can a judge use a jury for input even in a case that is not normally tried to a jury?
Yes. Section 805.02(1) lets the court try any issue with an advisory jury in an action not triable of right by a jury, either on a motion or on its own initiative.
Who decides whether to convene an advisory jury?
The court does, either on a party’s motion or on its own initiative, in any action not triable of right by a jury.
What does it take to get a binding jury verdict in a case without a jury-trial right?
The consent of both parties. Section 805.02(2) then lets the court order a jury trial whose verdict has the same effect as if trial by jury had been a matter of right.
Does Section 805.02 apply to cases where a jury trial is already guaranteed?
No. Section 805.02(1) applies specifically “in all actions not triable of right by a jury.”
What is the difference between the two subsections of this section?
Subsection (1) lets the court use an advisory jury on its own or on motion, without needing party agreement, while subsection (2) requires the consent of both parties before the jury’s verdict becomes as binding as one reached in a case triable of right.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 690 (1975).
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: advisory jury wisconsintrial by consent jury wisconsinnon-jury case advisory panel wisconsinbinding jury verdict by agreement wisconsin