(1) A default judgment may be rendered in favor of any party as provided in subs. (1) to (4) if no issue of law or fact has been joined on any claim asserted in a complaint, counterclaim, or cross claim and if the time for joining issue has expired. Any defendant appearing in an action shall be entitled to notice of motion for judgment.
806.02.Default judgment.
Ch. 806: Judgment · Last amended 2018 · Last verified July 15, 2026
In one sentenceSection 806.02 lets a court, or in a narrow liquidated-sum-on-contract situation the clerk directly, enter a default judgment against a party that never joined issue or that appeared but skipped trial, but only after the required proof of service and, for a defendant who never appeared, proof establishing the court’s jurisdiction.
Full Text of Section 806.02
(2) After filing the complaint, counterclaim, or cross claim and proof of service thereof and after filing an affidavit that the party against whom judgment is sought is in default for failure to join issue, a party may move for judgment according to the demand of the complaint, counterclaim, or cross claim. If the amount of money sought was excluded from the demand for judgment, as required under s. 802.02 (1m), the court shall require the moving party to specify the amount of money claimed and provide that information to the court and to the other parties appearing in the action prior to the court rendering judgment. If proof of any fact is necessary for the court to render judgment, the court shall receive the proof.
(3) If a defendant fails to appear in an action within the time fixed in s. 801.09 the court shall, before entering a judgment against such defendant, require proof of service of the summons in the manner required by s. 801.10 and, in addition, shall require further proof as follows:
(a) Where a personal claim is made against the defendant, the court shall require proof by affidavit or other evidence, to be made and filed, of the existence of any fact not shown by the complaint which is needed to establish grounds for personal jurisdiction over the defendant. The court may require such additional proof as the interests of justice require.
(b) Where no personal claim is made against the defendant, the court shall require such proofs, by affidavit or otherwise, as are necessary to show the court’s jurisdiction has been invoked over the status, property or thing which is the subject of the action. The court may require such additional proof as the interests of justice require.
(4) In an action on express contract for recovery of a liquidated amount of money only, the plaintiff may file with the clerk proof of personal service of the summons on one or more of the defendants and an affidavit that the defendant is in default for failure to join issue. The clerk shall render and enter judgment against the defendants who are in default for the amount demanded in the complaint. Leaving the summons at the abode of a defendant is not personal service within the meaning of this subsection.
(5) A default judgment may be rendered against any party who has appeared in the action but who fails to appear at trial. If proof of any fact is necessary for the court to render judgment, the court shall receive the proof.
Official Notes
Cross-reference: See s. 801.15 (4) for time required for notice under sub. (2).
Cross-reference: See s. 802.06 (1) for provision giving the state 45 days to respond to a complaint or counterclaim.
Cross-reference: See also the notes to s. 806.07 for decisions relating to the vacation of default judgments.
Judicial Council Committee’s Note, 1976: A clerk of court is permitted under s. 806.06 (2) to render the judgment described in ss. 806.02 (4) and 806.03. [Re Order effective Jan. 1, 1977]
Judicial Council Committee’s Note, 1977: Sub. (5) has been modified to allow a judge in a default judgment matter to receive rather than mandatorily hear the proof of any fact necessary for a court to render judgment. This change allows a judge the option of in-chamber consideration of affidavits presented by attorneys. Under the present language the time of the judge may be taken up in open court hearing proof presented by the attorney orally whereas proof submitted by the attorney in the form of affidavits may be just as competent and trustworthy. Under the new language, the judge still retains the option of hearing proof in open court of any fact necessary to render a default judgment. [Re Order effective July 1, 1978]
Judicial Council Note, 1981: Sub. (2) is amended to allow the court to receive proof of facts necessary for default judgment by affidavit rather than hearing. An analogous change was made in sub. (5) in 1977 for the same reasons. [Re Order effective July 1, 1981]
Judicial Council Note, 1982: Sub. (4) is amended by eliminating the requirement that the plaintiff file the complaint in order to receive a default judgment. The complaint will already have been filed with the court when the action was commenced, prior to service of the summons. Section 801.02 (1). [Re Order effective Jan. 1, 1983]
NOTE: Sup. Ct. Order No. 18-03 states: “The Judicial Council Committee Note to Wis. Stat. § 806.02 is not adopted, but will be published and may be consulted for guidance in interpreting and applying the rule.”
Judicial Council Committee Note, 2018: Wis. Stat. s. 802.06 (1) currently requires defendants to file an answer to the complaint. It also requires parties served with a counterclaim or a cross complaint to serve a reply to the counterclaim or an answer to the cross-claim. Wis. Stat. s. 806.02 currently permits a plaintiff to obtain a default judgment against a defendant who fails to comply with s. 802.06 (1), but it does not permit any other party to obtain a default judgment when an opposing party fails to comply with s. 802.06 (1) by filing a response to a counterclaim or cross claim. The Council could find no logical basis for this disparity in treatment. Furthermore, the Council noted that Rule 55 of the Federal Rules of Civil Procedure allows any party to obtain judgment against another party who has failed to plead or otherwise defend against a complaint, counterclaim, or cross claim. A default judgment entered under sub. (4) that was based on an erroneous determination that the claim was on an express contract for a liquidated sum of money was not necessarily void. Wisconsin Public Service Corp. v. Krist, 104 Wis. 2d 381, 311 N.W.2d 624 (1981). The trial court properly granted default judgment against a party who failed to appear at the scheduling conference, but the damage amount was not supported by the record. Gaertner v. 880 Corp., 131 Wis. 2d 492, 389 N.W.2d 59 (Ct. App. 1986). This section provides that the plaintiff may move for default judgment according to the demand of the complaint. Section 802.07 gives no indication that the appella-
Plain-English Summary
Section 806.02(1) allows a default judgment once no issue of law or fact has been joined on a claim in a complaint, counterclaim, or cross claim, and the time for joining issue has expired; a defendant who has appeared in the action is entitled to notice of the motion. Section 806.02(2) requires the moving party to file the complaint, counterclaim, or cross claim, proof of service, and an affidavit that the other party is in default before moving for judgment, and, if the dollar amount was excluded from the demand under Section 802.02(1m), the court requires that amount to be specified and shared with the other parties before judgment is rendered.
When a defendant has not appeared at all, Section 806.02(3) requires more before judgment can be entered: proof of service of the summons as required by Section 801.10, plus, for a personal claim, proof by affidavit or other evidence of the facts needed to establish personal jurisdiction, or, where no personal claim is made, proof that the court’s jurisdiction over the relevant status, property, or thing has been invoked. In either situation, the court can require whatever additional proof the interests of justice call for.
Section 806.02(4) carves out a narrower, faster path: on an express contract for a liquidated amount of money only, the plaintiff can file proof of personal service and an affidavit of default directly with the clerk, and the clerk renders and enters judgment for the amount demanded, without a judge’s involvement. That subsection specifically excludes leaving the summons at a defendant’s abode from counting as personal service for this purpose. Finally, Section 806.02(5) allows a default judgment against a party who appeared in the case but then failed to show up for trial, with the court receiving proof of any fact necessary to render judgment.
Frequently Asked Questions
When can I get a default judgment against another party in Wisconsin?
When no issue of law or fact has been joined on a claim in a complaint, counterclaim, or cross claim, and the time for joining issue has expired. A defendant who has appeared in the action is entitled to notice of the motion for judgment.
What extra proof does the court require if the defendant never appeared at all?
Proof of service of the summons as required by Section 801.10, plus, for a personal claim, proof establishing grounds for personal jurisdiction, or, where no personal claim is made, proof that the court’s jurisdiction over the relevant status, property, or thing has been invoked.
Can the clerk enter a default judgment without a judge, or does it always require a court order?
In one narrow situation, yes: on an express contract for a liquidated amount of money only, the plaintiff can file proof of personal service and an affidavit of default with the clerk, and the clerk renders and enters judgment for the amount demanded.
Does leaving the summons at someone’s home count as personal service for that clerk’s-judgment procedure?
No. Section 806.02(4) specifically states that leaving the summons at the abode of a defendant is not personal service within the meaning of that subsection.
Can I get a default judgment against someone who answered my complaint but then skipped the trial?
Yes. Section 806.02(5) allows a default judgment against any party who has appeared in the action but fails to appear at trial, with the court receiving proof of any fact necessary to render judgment.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 716 (1975); Sup. Ct. Order, 73 Wis. 2d xxxi (1976); Sup. Ct. Order, 82 Wis. 2d ix (1978); Sup. Ct. Order, 101 Wis. 2d xi (1981); Sup. Ct. Order, 109 Wis. 2d xiii (1982); 1987 a. 256; Sup. Ct. Order No. 1803, 2018 WI 102, 384 Wis. 2d xiii.
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: default judgment wisconsinclerk’s default judgment wisconsinproof of personal jurisdiction default judgment wisconsindefendant fails to appear at trial wisconsin