Chapter 803, CIVIL PROCEDURE — PARTIES
11 sections in this chapter.
Wis. Stat. § 803.01 Parties plaintiff and defendant; capacity
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803.01 Parties plaintiff and defendant; capacity. (1) REAL PARTY IN INTEREST. No action shall be dismissed on the ground that it is not prosecuted in the name of the real party in interest until a reasonable time has been allowed after objection for ratification of commencement o…
Wis. Stat. § 803.02 Joinder of claims and remedies
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803.02 Joinder of claims and remedies. (1) A party asserting a claim to relief as an original claim, counterclaim, cross claim, or 3rd-party claim, may join, either as independent or as alternate claims, as many claims, legal or equitable, as the party has against an opposing par…
Wis. Stat. § 803.03 Joinder of persons needed for just and complete adjudication
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803.03 Joinder of persons needed for just and complete adjudication. (1) PERSONS TO BE JOINED IF FEASIBLE. A person who is subject to service of process shall be joined as a party in the action if: (a) In the person’s absence complete relief cannot be accorded among those already…
Wis. Stat. § 803.04 Permissive joinder of parties
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803.04 Permissive joinder of parties. 803.04(1)(1) Permissive joinder. All persons may join in one action as plaintiffs if they assert any right to relief jointly, severally, or in the alternative in respect of or arising out of the same transaction, occurrence, or series of tran…
Wis. Stat. § 803.045 Actions to satisfy spousal obligations
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803.045 Actions to satisfy spousal obligations. (1) Except as provided in sub. (2), when a creditor commences an action on an obligation described in s. 766.55 (2), the creditor may proceed against the obligated spouse, the incurring spouse or both spouses. (2) In an action on an…
Wis. Stat. § 803.05 Third-party practice
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803.05 Third-party practice. (1) At any time after commencement of the action, a defending party, as a 3rd-party plaintiff, may cause a summons and complaint to be served upon a person not a party to the action who is or may be liable to the defending party for all or part of the…
Wis. Stat. § 803.06 Misjoinder and nonjoinder of parties
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803.06 Misjoinder and nonjoinder of parties. (1) Misjoinder of parties is not ground for dismissal of an action. Parties may be dropped or added by order of the court on motion of any party or on its own initiative at any stage of the action and on such terms as are just. Any cla…
Wis. Stat. § 803.07 Interpleader
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803.07 Interpleader. Persons having claims against the plaintiff may be joined as defendants and required to interplead when their claims are such that the plaintiff is or may be exposed to double or multiple liability. It is not ground for objection to the joinder that the claim…
Wis. Stat. § 803.08 Class actions
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803.08 Class actions. (1) PREREQUISITES. One or more members of a class may sue or be sued as representative parties on behalf of all members only if the court finds all of the following: (a) The class is so numerous that joinder of all members is impracticable. (b) There are que…
Wis. Stat. § 803.09 Intervention
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803.09 Intervention. (1) Upon timely motion anyone shall be permitted to intervene in an action when the movant claims an interest relating to the property or transaction which is the subject of the action and the movant is so situated that the disposition of the action may as a …
Wis. Stat. § 803.10 Substitution of parties
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803.10 Substitution of parties. (1) DEATH. (a) If a party dies and the claim is not thereby extinguished, the court may order substitution of the proper parties. The motion for substitution may be made by any party or by the successors or representatives of the deceased party and…