CHAPTER 803

CIVIL PROCEDURE — PARTIES

803.01   Parties plaintiff and defendant; capacity.

803.02   Joinder of claims and remedies.

803.03   Joinder of persons needed for just and complete adjudication.

803.04   Permissive joinder of parties.

803.045   Actions to satisfy spousal obligations.

803.05   Third-party practice.

803.06   Misjoinder and nonjoinder of parties.

803.07   Interpleader.

803.08   Class actions.

803.09   Intervention.

803.10   Substitution of parties.

Ch. 803 Note NOTE: This chapter was created by Sup. Ct. Order, 67 Wis. 2d 585 (1975), which contains explanatory notes. Statutes prior to the 1983-84 edition also contain these notes.

803.01 803.01 Parties plaintiff and defendant; capacity.

803.01(1) (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 of the action by, or joinder or substitution of, the real party in interest; and such ratification, joinder, or substitution shall have the same effect as if the action had been commenced in the name of the real party in interest.

803.01(2) (2) Representatives. A personal representative, guardian, bailee, or trustee of an express trust, a party with whom or in whose name a contract has been made for the benefit of another, or a party authorized by statute may sue in the party’s name without joining the person for whose benefit the action is brought. A partner asserting a partnership claim may sue in the partner’s name without joining the other members of the partnership, but the partner shall indicate in the pleading that the claim asserted belongs to the partnership.

803.01(3) (3) Minors or individuals alleged or adjudicated incompetent.