(1) JURY. The jury shall consist of a number of persons determined under s. 756.06 (2) (b).
805.09.Juries of fewer than 12; five-sixths verdict.
Ch. 805: Trials · Last amended 1997 · Last verified July 15, 2026
In one sentenceSection 805.09 sets a Wisconsin civil jury’s size by cross-reference to statute and allows a verdict agreed to by five-sixths of the jurors, as long as that same five-sixths majority agrees on every question needed to reach a verdict on a given claim.
Full Text of Section 805.09
(2) VERDICT. A verdict agreed to by five-sixths of the jurors shall be the verdict of the jury. If more than one question must be answered to arrive at a verdict on the same claim, the same fivesixths of the jurors must agree on all the questions.
Plain-English Summary
Wisconsin does not require a unanimous civil jury. Section 805.09(1) sets the jury’s size by pointing to Section 756.06(2)(b) rather than restating a number here, and Section 805.09(2) allows a verdict agreed to by five-sixths of the jurors to count as the jury’s verdict.
That five-sixths rule has one important qualifier: if reaching a verdict on a single claim requires answering more than one question, the same five-sixths of the jurors have to agree on all of the questions. A shifting majority, where different combinations of jurors agree on different questions, does not satisfy the rule.
Frequently Asked Questions
Does a Wisconsin civil jury need to reach a unanimous verdict?
No. Section 805.09(2) says a verdict agreed to by five-sixths of the jurors is the jury’s verdict.
If the verdict requires answering several questions, do the same jurors have to agree on all of them?
Yes. Section 805.09(2) requires that when more than one question must be answered to arrive at a verdict on the same claim, the same five-sixths of the jurors must agree on all the questions.
How many jurors sit on a Wisconsin civil jury?
Section 805.09(1) sets the number by cross-reference to Section 756.06(2)(b) rather than stating it directly in this section.
Can different combinations of jurors agree to different answers and still reach a valid verdict?
No. The rule requires the same five-sixths majority across every question on that claim, not a shifting majority from question to question.
Does the five-sixths rule apply the same way across multiple claims in one case?
Section 805.09(2) ties the same-majority requirement to questions needed to arrive at a verdict “on the same claim,” so the requirement is measured claim by claim.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 700 (1975); 1977 c. 318; 1977 c. 447 s. 210; Sup. Ct. Order No. 96-08, 207 Wis. 2d xv (1997).
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
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