Ch. 805: Trials · Last amended 1975 · Last verified July 15, 2026
In one sentenceSection 805.12 has the court default to a special verdict, written questions on the material ultimate facts that the jury answers directly, and provides that any essential fact issue nobody asked the jury to decide is deemed determined by the court consistent with its judgment.
(1)USE. Unless it orders otherwise, the court shall direct the jury to return a special verdict.
The verdict shall be prepared by the court in the form of written questions relating only to material issues of ultimate fact and admitting a direct answer. The jury shall answer in writing. In cases founded upon negligence, the court need not submit separately any particular respect in which the party was allegedly negligent. The court may also direct the jury to find upon particular questions of fact.
(2)OMITTED ISSUE. When some material issue of ultimate fact not brought to the attention of the trial court but essential to sustain the judgment is omitted from the verdict, the issue shall be deemed determined by the court in conformity with its judgment and the failure to request a finding by the jury on the issue shall be deemed a waiver of jury trial on that issue.
(3)CLERK’S ENTRIES AFTER VERDICT. Upon receiving a verdict, the clerk shall make an entry on the minutes specifying the time the verdict was received and the court’s order setting time for motions after verdict under s. 805.16. The verdict and special findings shall be filed.
Plain-English Summary
Unless the court orders otherwise, Section 805.12(1) directs the jury to return a special verdict rather than a general one. The court prepares that verdict as written questions limited to the material issues of ultimate fact, phrased so they admit a direct answer, and the jury answers in writing. In negligence cases, the court does not have to submit each particular way the party was allegedly negligent as a separate question, and the court can also direct the jury to find on particular questions of fact beyond the special verdict itself.
Section 805.12(2) handles what happens when an issue essential to the judgment never gets submitted to the jury at all. If a material issue of ultimate fact was not brought to the trial court’s attention but is essential to sustain the judgment, that issue is deemed determined by the court in conformity with its judgment, and the failure to request a jury finding on it is deemed a waiver of jury trial on that particular issue.
Once the verdict comes back, Section 805.12(3) requires the clerk to make an entry noting the time the verdict was received and the court’s order setting the time for motions after verdict under Section 805.16, and the verdict and special findings get filed.
Frequently Asked Questions
Does a Wisconsin jury normally return a general verdict or answer specific questions?
Unless the court orders otherwise, Section 805.12(1) directs the jury to return a special verdict, meaning written questions on material ultimate facts that the jury answers directly.
In a negligence case, does the jury have to separately address every way the defendant was allegedly negligent?
No. Section 805.12(1) says the court need not submit separately any particular respect in which the party was allegedly negligent.
What happens if an essential fact issue never gets submitted to the jury?
If it was not brought to the trial court’s attention but is essential to sustain the judgment, Section 805.12(2) deems it determined by the court consistent with its judgment, and the failure to request a jury finding on it waives jury trial on that issue.
What does the clerk do once the jury returns its verdict?
Under Section 805.12(3), the clerk notes the time the verdict was received and the court’s order setting the time for motions after verdict under Section 805.16, and the verdict and special findings are filed.
Can the court ask the jury to find on particular questions of fact beyond the special verdict questions?
Yes. Section 805.12(1) says the court may also direct the jury to find upon particular questions of fact.
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:special verdict wisconsinjury verdict form wisconsinomitted issue special verdict wisconsinwritten jury questions wisconsin