For failure of any claimant to prosecute or for failure of any party to comply with the statutes governing procedure in civil actions or to obey any order of court, the court in which the action is pending may make such orders in regard to the failure as are just, including but not limited to orders authorized under s. 804.12 (2) (a). Any dismissal under this section operates as an adjudication on the merits unless the court in its order for dismissal otherwise specifies for good cause shown recited in the order. A dismissal on the merits may be set aside by the court on the grounds specified in and in accordance with s. 806.07. A dismissal not on the merits may be set aside by the court for good cause shown and within a reasonable time.
805.03.Failure to prosecute or comply with procedure statutes.
Ch. 805: Trials · Last amended 1975 · Last verified July 15, 2026
In one sentenceSection 805.03 lets a court sanction a party, up to dismissal, for failing to prosecute a claim or comply with procedural statutes or a court order, and treats that dismissal as a decision on the merits unless the court says otherwise for good cause shown.
Full Text of Section 805.03
Plain-English Summary
Litigation depends on parties moving their cases forward and following the rules along the way. Section 805.03 gives the court a tool when they do not: for a claimant’s failure to prosecute, or for any party’s failure to comply with the statutes governing civil procedure or to obey a court order, the court can make whatever orders regarding the failure are just, including the sanctions authorized under Section 804.12(2)(a), which reach as far as dismissal.
A dismissal under this section carries weight beyond just ending the case. It operates as an adjudication on the merits, meaning it counts as a decision the claimant lost, unless the court’s dismissal order specifies otherwise for good cause shown and recited in the order.
That does not mean a dismissal is necessarily the end of the road. A dismissal that was on the merits can be set aside on the grounds specified in, and in accordance with, Section 806.07. A dismissal that was not on the merits can be set aside by the court for good cause shown, within a reasonable time.
Frequently Asked Questions
What happens if I do not move my case forward or ignore a court order?
Section 805.03 lets the court make whatever orders it thinks are just, including sanctions authorized under Section 804.12(2)(a), which can go as far as dismissal of the action.
Does a dismissal under this section count as losing on the merits?
Yes, by default. A dismissal operates as an adjudication on the merits unless the court’s order specifies otherwise for good cause shown and recited in the order.
Can I get a dismissal on the merits set aside later?
Yes, on the grounds specified in and in accordance with Section 806.07.
What about a dismissal that was not on the merits?
The court can set it aside for good cause shown, within a reasonable time.
Does this section apply to defendants too, or only to plaintiffs pushing a claim forward?
It applies broadly. The failure-to-prosecute language reaches “any claimant,” while the failure to comply with procedural statutes or a court order reaches “any party,” covering defendants as well.
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: dismissal for failure to prosecute wisconsinfailure to comply with court order sanctionsinvoluntary dismissal wisconsinsetting aside a dismissal wisconsin