Unless the judge otherwise orders, not more than one attorney for each side shall examine or cross-examine a witness and not more than 2 attorneys on each side shall sum up to the jury. The plaintiff shall be entitled to the opening and final rebuttal arguments. Plaintiff’s rebuttal shall be limited to matters raised by any adverse party in argument. Waiver of argument by either party shall not preclude the adverse party from making any argument which the adverse party would otherwise have been entitled to make. Before the argument is begun, the court may limit the time for argument.
805.10.Examination of witnesses; arguments.
Ch. 805: Trials · Last amended 1975 · Last verified July 15, 2026
In one sentenceSection 805.10 limits how many attorneys per side may question a witness or address the jury, gives the plaintiff the opening statement and the final rebuttal argument, and lets the court set time limits on argument before it begins.
Full Text of Section 805.10
Plain-English Summary
Trial presentation in Wisconsin follows a default structure that Section 805.10 sets, though a judge can order otherwise. Unless the judge orders differently, only one attorney per side may examine or cross-examine a given witness, and no more than 2 attorneys per side may sum up to the jury.
The plaintiff gets the opening argument and the final rebuttal argument, but that rebuttal is limited to matters the adverse party raised in argument; it is not a chance to introduce new points. If one side waives its closing argument, that waiver does not stop the other side from making any argument it would otherwise have been entitled to make. And before argument begins, the court can limit how much time each side gets.
Frequently Asked Questions
How many lawyers on my side can question a single witness?
Unless the judge orders otherwise, not more than one attorney for each side may examine or cross-examine a witness.
Who gets to give the closing argument first and last?
The plaintiff is entitled to the opening argument and the final rebuttal argument.
Is there a limit on the plaintiff’s rebuttal argument?
Yes. Section 805.10 limits the plaintiff’s rebuttal to matters raised by any adverse party in argument.
What happens if the defense waives its closing argument?
The waiver does not preclude the plaintiff from making any argument the plaintiff would otherwise have been entitled to make.
Can the judge cap how long each side gets to argue?
Yes. Section 805.10 lets the court limit the time for argument before the argument begins.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 701 (1975); 1975 c. 218.
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: closing argument order wisconsinplaintiff rebuttal argument wisconsinnumber of attorneys examining a witness wisconsintime limit on trial argument wisconsin