(1) QUALIFICATIONS, EXAMINATION. The court shall examine on oath each person who is called as a juror to discover whether the juror is related by blood, marriage or adoption to any party or to any attorney appearing in the case, or has any financial interest in the case, or has expressed or formed any opinion, or is aware of any bias or prejudice in the case. If a juror is not indifferent in the case, the juror shall be excused. Any party objecting for cause to a juror may introduce evidence in support of the objection. This section shall not be construed as abridging in any manner the right of either party to supplement the court’s examination of any person as to qualifications, but such examination shall not be repetitious or based upon hypothetical questions.
805.08.Jurors.
Ch. 805: Trials · Last amended 1999 · Last verified July 15, 2026
In one sentenceSection 805.08 sets the ground rules for seating a Wisconsin civil jury: how jurors are examined and excused for bias, how many peremptory challenges each side gets, how extra jurors are chosen and later trimmed by lot, and when a jury can be taken to view property connected to the case.
Full Text of Section 805.08
(2) NUMBER OF JURORS. A sufficient number of jurors shall be summoned in the action so that the number applicable under s. 756.06 remains after the exercise of all peremptory challenges to which the parties are entitled under sub. (3). The court may order that additional jurors be selected. In that case, if the number of jurors remains more than required at the time of the final submission of the cause, the court shall determine by lot which jurors shall not initially participate in deliberations. The court may hold the additional jurors until the verdict is rendered or discharge them at any time.
(3) PEREMPTORY CHALLENGES. Each party shall be entitled to 3 peremptory challenges which shall be exercised alternately, the plaintiff beginning; and when any party declines to challenge in turn, the challenge shall be made by the clerk by lot. The parties to the action shall be deemed 2, all plaintiffs being one party and all defendants being the other party, except that in a case where 2 or more defendants have adverse interests, the court, if satisfied that the due protection of their interests so requires, in its discretion, may allow peremptory challenges to the defendant or defendants on each side of the adverse interests, not to exceed 3. Each side shall be entitled to one peremptory challenge in addition to those otherwise allowed by law if additional jurors are to be selected under sub. (2).
(4) JURY VIEW. On motion of any party, the jury may be taken to view any property, matter or thing relating to the controversy between the parties when it appears to the court that the view is necessary to a just decision. The moving party shall pay the expenses of the view. The expenses shall afterwards be taxed like other legal costs if the party who incurred them prevails in the action.
Official Notes
Judicial Council Note, 1983: Sub. (2) is amended by replacing the concept of “alternate” jurors with a provision allowing the court to order the impaneling of additional jurors. The panel is then reduced to the proper size by lot immediately prior to final submission of the cause. These changes are intended to promote an attentive attitude and a collegial relationship among the members of the jury. The first sentence of prior sub. (3) is moved to sub. (2) for more logical placement in the statutes. The reference to “alternate” jurors in the final sentence is changed to “additional” jurors to reflect the modification of sub. (2). [Bill 320S]
Judicial Council Note, 1996: This proposal changes ‘‘impaneled” to ‘‘selected” whenever a statute refers to choosing jurors or prospective jurors, for statutory uniformity. Adding the last sentence [to (2)] is intended to allow courts to keep additional jurors to replace any juror who might not be able to complete deliberations. Deliberations would begin anew with the additional juror in place [Re SCO No. 9608 eff. 7-1-97].
NOTE: See also the notes to article I, section 7, of the Wisconsin Constitution.
Plain-English Summary
Before a jury is seated, the court examines each prospective juror under oath to find out about family or financial ties to the parties or attorneys, any opinion already formed, or any bias or prejudice about the case. Section 805.08(1) requires a juror who is not indifferent to be excused, and a party objecting for cause can introduce evidence supporting the objection, though the court can limit questioning that becomes repetitious or relies on hypotheticals.
Section 805.08(2) requires enough jurors to be summoned so that the number required under Section 756.06 remains after all peremptory challenges are exercised, and it lets the court order additional jurors selected; if more jurors than needed remain at final submission, the court determines by lot which ones sit out deliberations. Section 805.08(3) gives each party 3 peremptory challenges, exercised alternately starting with the plaintiff, with the clerk stepping in by lot if a party declines a turn; the parties are generally treated as two sides, though the court can allow separate challenges to defendants with adverse interests, up to 3 each, and an additional peremptory challenge is available to each side if additional jurors were selected.
Finally, Section 805.08(4) lets the court, on a party’s motion, send the jury to view property or something else relevant to the case when a view is necessary to a just decision. The moving party pays for the view up front, though those costs are later taxed like other legal costs if that party prevails.
Frequently Asked Questions
How many peremptory challenges does each side get in a Wisconsin civil trial?
3 each, exercised alternately starting with the plaintiff. If a party declines its turn, the clerk exercises the challenge by lot.
What if there are multiple defendants with conflicting interests?
Section 805.08(3) lets the court, in its discretion, allow peremptory challenges to each side of the adverse interests, up to 3, if satisfied that protecting those interests requires it.
What happens if a juror admits bias or a financial interest in the case during questioning?
Section 805.08(1) requires the juror to be excused if the juror is not indifferent in the case.
Can the court seat more jurors than needed and remove the extras later?
Yes. Section 805.08(2) lets the court order additional jurors selected, and if more than the required number remain at final submission, the court determines by lot which jurors do not initially participate in deliberations.
Who pays for a jury view of property connected to the case?
The moving party pays the expenses up front, though under Section 805.08(4) those expenses are later taxed like other legal costs if that party prevails in the action.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 698 (1975); 1975 c. 218; 1977 c. 318; 1977 c. 447 s. 210; 1983 a. 226; Sup. Ct. Order No. 96-08, 207 Wis. 2d xv (1997); 1999 a. 162.
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: peremptory challenges wisconsinjury selection civil case wisconsinjury view wisconsinnumber of jurors civil trial wisconsin