805.10 Examination of witnesses; arguments. Unless the judge otherwise orders, not more than one attorney for each side shall examine or cross-examine a witness and not more than 2 attorneys on each side shall sum up to the jury. The plaintiff shall be entitled to the opening and final rebuttal arguments. Plaintiff's rebuttal shall be limited to matters raised by any adverse party in argument. Waiver of argument by either party shall not preclude the adverse party from making any argument which the adverse party would otherwise have been entitled to make. Before the argument is begun, the court may limit the time for argument.
History: Sup. Ct. Order, 67 Wis. 2d 585, 701 (1975); 1975 c. 218.
An attorney's concession during closing argument that the attorney's client was negligent could not be construed as a binding admission. Kuzmic v. Kreutzmann, 100 Wis. 2d 48, 301 N.W.2d 266 (Ct. App. 1980).
This section authorizes judges to allow more than two attorneys on each side to sum up to the jury, but a judge may not limit to fewer than two the number of attorneys arguing on each side. Waukesha County Department of Social Services v. C.E.W., 124 Wis. 2d 47, 368 N.W.2d 47 (1985).
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 805 - Civil procedure — trials.
805.02 - Advisory jury and trial by consent.
805.03 - Failure to prosecute or comply with procedure statutes.
805.04 - Voluntary dismissal: effect thereof.
805.05 - Consolidation; separate trials.
805.09 - Juries of fewer than 12; five-sixths verdict.
805.10 - Examination of witnesses; arguments.
805.11 - Objections; exceptions.
805.13 - Jury instructions; note taking; form of verdict.
805.14 - Motions challenging sufficiency of evidence; motions after verdict.