No agreement, stipulation, or consent between the parties or their attorneys, in respect to the proceedings in an action or special proceeding shall be binding unless made in court or during a proceeding conducted under s. 807.13 or 967.08 and entered in the minutes or recorded by the reporter, or made in writing and subscribed by the party to be bound thereby or the party’s attorney.
807.05.Stipulations.
Ch. 807: Miscellaneous Provisions · Last amended 1987 · Last verified July 15, 2026
In one sentenceSection 807.05 makes a stipulation between parties or their attorneys binding only if it is made in court, made during a telephone proceeding under Section 807.13 or 967.08 and recorded, or put in writing and signed by the party to be bound or that party’s attorney.
Full Text of Section 807.05
Official Notes
Comment, 2008: This section also applies to agreements, stipulations, and consents reached as a result of alternative dispute methods outlined in s. 802.12. In some cases, such as family law cases, court approval is required for an agreement to be effective. Note: Sup. Ct. Order No. 05-05 states, “the comments to Wis. Stat. §§ 807.05 and 802.12 are not adopted but will be published and may be consulted for guidance in interpreting and applying the statutes.”
Judicial Council Note, 1988: The statute is amended to reflect that stipulations entered into at telephone conferences are no less binding than those made in writing or in court. [Re Order effective Jan. 1, 1988]
Plain-English Summary
Section 807.05 sets a strict rule for what counts as a binding stipulation in a civil action or special proceeding. No agreement, stipulation, or consent between the parties or their attorneys respecting the proceedings binds anyone unless it is made in court, or made during a proceeding conducted under Section 807.13 or 967.08 and entered in the minutes or recorded by the reporter, or made in writing and subscribed by the party to be bound or that party’s attorney.
The rule guards against disputes over whether an off-the-record conversation produced an enforceable agreement. A stipulation reached informally between attorneys, without being entered in court, recorded during a telephone proceeding, or reduced to a signed writing, does not bind either side.
Frequently Asked Questions
Is a verbal agreement between my attorney and opposing counsel, made outside of court, binding?
Only if it meets one of the section’s conditions. Section 807.05 requires the agreement to be made in court, made during a telephone proceeding under Section 807.13 or 967.08 and recorded, or reduced to a writing signed by the party to be bound or that party’s attorney.
Does a stipulation made during a telephone hearing count as binding?
Yes, if it is entered in the minutes or recorded by the reporter. Section 807.05 covers stipulations made during a proceeding conducted under Section 807.13 or 967.08 that are entered or recorded that way.
Can a written stipulation be signed by my lawyer instead of me personally?
Yes. Section 807.05 allows a written stipulation to be subscribed by the party to be bound or the party’s attorney.
Does a stipulation discussed in court but never entered in the minutes count as binding?
Section 807.05 requires a stipulation made in court, or during a covered telephone proceeding, to be entered in the minutes or recorded by the reporter to bind the parties.
Does this rule apply to special proceedings as well as ordinary civil actions?
Yes. Section 807.05 applies to agreements, stipulations, and consents in respect to the proceedings in an action or special proceeding.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 744 (1975); 1975 c. 218; Sup. Ct. Order, 141 Wis. 2d xiii (1987).
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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