A request for leave to commence or defend an action, proceeding, writ of error or appeal without being required to pay fees or costs or to give security for costs constitutes consent of the affiant and counsel for the affiant that if the judgment is in favor of the affiant the court may order the opposing party to first pay the amount of unpaid fees and costs, including attorney fees under ss. 802.05
, 804.12 (1) (c)
and under 42 USC 1988
and to pay the balance to the plaintiff.
If the affiant is a prisoner, as defined in s. 46.011 (2)
, or a person confined in a federal correctional institution located in this state, a request for leave to commence or defend an action, proceeding, writ of error or appeal without being required to pay fees or costs or to give security for costs constitutes consent as provided in par. (a)
, and, if the judgment is in favor of the opposing party, constitutes consent for the court to order the institution to deduct the unpaid fees and costs, including attorney fees listed in par. (a)
, from the amount in the inmate's account at the time the judgment was rendered.
Sup. Ct. Order, 67 W (2d) 585, 761 (1975); Stats. 1975 s. 814.29; 1981 c. 317
; 1983 a. 538
; 1989 a. 31
; Sup. Ct. Order No. 93-15
, 179 W (2d) xxxi; 1993 a. 490
; 1995 a. 27
Judicial Council Note, 1993: The amendments to sub. (1) are intended to simplify and make more uniform the procedure for determining when costs and fees for indigent persons should be waived by the court. The form of the affidavit and court finding and order is to be prescribed by the Judicial Conference. To simplify the determination of indigency, detailed financial statements are not necessary if the person is receiving means-tested public assistance or legal services based on indigency. Amended sub. (2) allows the court to require payment of fees if it is later shown that the person is no longer indigent.
Trial judge may refuse approval of affidavit of indigency, where complaint or affidavit to obtain waiver of costs and fees failed to give notice of claim upon which relief may be granted. State ex rel. Rilla v. Dodge County Cir. Ct. 76 W (2d) 429, 251 NW (2d) 476.
Bond requirement of 775.01 can be waived under 814.29 (1). Boldt v. State, 101 W (2d) 566, 305 NW (2d) 133 (1981).
Indigent in civil case is entitled to waiver of transcript fees on appeal if trial judge finds indigent believes he or she is entitled to redress sought on appeal. Girouard v. Jackson Circuit Ct. 155 W (2d) 148, 454 NW (2d) 792 (1990).
In making Girouard determination, trial court should specifically consider litigant's income and assets; expenses, including unusual expenses; and projected cost of the transcript requested. State v. Jacobus, 167 W (2d) 230, 481 NW (2d) 642 (Ct. App. 1992).
Additional security for costs.
If any surety on any undertaking given under s. 814.28
shall remove from the state or be deemed at any time insufficient the court or presiding judge may require the plaintiff to give a new undertaking, and every person becoming surety thereon shall be liable for all costs, from the commencement of the action, in like manner as if the successor surety had been the original surety.
Sup. Ct. Order, 67 W (2d) 585, 761, 780 (1975); Stats. 1975 s. 814.33; 1993 a. 486
Attorney for plaintiff liable for costs.
In any case in which the defendant, at the time of the commencement of the action, may require security for costs the attorney for the plaintiff shall be liable for such costs not exceeding $100, until security therefor is filed, whether such security shall have been required by the defendant or not; but such attorney is relieved from such liability by filing an undertaking as prescribed by s. 814.28
, and giving notice thereof.
Sup. Ct. Order, 67 W (2d) 585, 761, 781 (1975); Stats. 1975 s. 814.34; 1993 a. 486
Taxation after settlement.
Upon the settlement of an execution by a defendant or upon settling any action or demand the sheriff or attorney claiming any fees which shall not have been taxed shall, upon being required by the defendant and on his or her paying the expenses thereof, have his or her fees taxed by some proper officer authorized to tax costs in the court in which the action may be pending or from which the execution shall have been issued.
Sup. Ct. Order, 67 W (2d) 585, 761 (1975); Stats. 1975 s. 814.46; 1993 a. 486
Fees not collectible till taxed.
No sheriff, attorney or other person shall collect any fees, after having been required as aforesaid to have the same taxed, without such taxation having been made.
History: Sup. Ct. Order, 67 W (2d) 585, 761 (1975); Stats. 1975 s. 814.47.
Duty of officers taxing costs.
Every officer authorized to tax costs in any court for services in any proceeding shall examine the bills presented for taxation, whether such taxation be opposed or not, and must be satisfied that the items charged are correct and legal, and shall strike out all charges for services which, in the officer's judgment, were not necessary.
Sup. Ct. Order, 67 W (2d) 585, 761 (1975); Stats. 1975 s. 814.48; 1993 a. 486
Costs on dismissal for lack of jurisdiction or stay of proceedings. 814.49(1)(1)
Costs on dismissal for lack of personal jurisdiction.
If on objection of any defendant made pursuant to s. 802.06 (2)
the action is dismissed as to that defendant on the ground that the court lacks jurisdiction over the defendant's person, the court when entering judgment dismissing the action against the defendant may order the plaintiff to pay to the defendant all reasonable actual costs, disbursements and expenses of the action up to the judgment of dismissal, but the amount so recovered can in no case exceed the sum of $500.
(2) Costs on stay of further proceedings.
Whenever any party obtains an order staying further proceedings in the action pursuant to s. 801.63
, the court may award that party all statutory costs and disbursements in the action up to the order for stay.
Sup. Ct. Order, 67 W (2d) 585, 758, 781 (1975); Stats. 1975 s. 814.49; Sup. Ct. Order, 130 W (2d) xix (1986); 1993 a. 486
Effective date note
Judicial Council Note, 1986: Sub. (2) is amended to give the court discretion to award or deny costs and disbursements when further proceedings are stayed pending trial in another state under s. 801.63. [Re Order eff. 7-1-86]
Jury fees; discretion of court.
The court shall have discretionary authority in any civil or criminal action or proceeding triable by jury to assess the entire cost of one day's juror fees for a jury, including all mileage costs, against either the plaintiff or defendant or to divide the cost and assess the cost against both plaintiff and defendant, or additional parties plaintiff or defendant, if a jury demand has been made in any case and if a jury demand is later withdrawn within 2 business days prior to the time set by the court for the commencement of the trial. The party assessed shall be required to make payment to the clerk of circuit court within a prescribed period and the payment thereof shall be enforced by contempt proceedings.
History: 1971 c. 297
; Sup. Ct. Order, 67 W (2d) 585, 761 (1975); Stats. 1975 s. 814.51; 1977 c. 318
This section is inapplicable where parties reached settlement after selecting jury and making opening statements. Jacobson v. Avestruz, 81 W (2d) 240, 260 NW (2d) 267.
Accused who cancels jury trial at last moment to accept plea bargain risks both taxation of costs under 973.06 and assessment of jury fees under 814.51. State v. Foster, 100 W (2d) 103, 301 NW (2d) 192 (1981).
Circuit courts do not have authority to impose penalty for cancellation of jury trial beyond that provided for in this section. Collins v. American Family Mut. Ins. Co. 153 W (2d) 477, 451 NW (2d) 429 (1990).
Criminal actions; fees of the clerk of court. 814.60(1)(1)
In a criminal action, the clerk of circuit court shall collect a fee of $20 for all necessary filing, entering or recording, to be paid by the defendant when judgment is entered against the defendant. Of the fees received by the clerk of circuit court under this subsection, the county treasurer shall pay 50% to the state treasurer for deposit in the general fund and shall retain the balance for the use of the county.
In addition to any fine imposed, a defendant shall be required to pay any applicable:
Neither the clerk of court nor the county board has the authority to adopt a non- refundable processing fee in the absence of a statute specifically providing for such fee. 80 Atty. Gen. 223
Civil actions; fees of the clerk of court.
In a civil action, the clerk of court shall collect the fees provided in this section. Unless a specific exemption is provided, a governmental unit, as defined in s. 108.02 (17)
, shall pay fees under this section. The clerk shall collect the following fees:
Except as provided under pars. (c)
, at the commencement of all civil actions and special proceedings not specified in ss. 814.62
, $75. Of the fees received by the clerk under this paragraph, the county treasurer shall pay $45 to the state treasurer for deposit in the general fund and shall retain the balance for the use of the county. The state treasurer shall credit $15 of the $45 to the appropriation under s. 20.680 (2) (j)
Except as provided in pars. (c)
, in addition to the fee under par. (a)
, at the commencement of an action affecting the family as defined in s. 767.02
, a fee of $20 to be deposited by the county treasurer in a separate account to be used by the county exclusively for the purposes specified in s. 767.11
(c) Paragraphs (a)
do not apply to any action to determine paternity brought by the state or its delegate under s. 767.45 (1) (g)
or commenced on behalf of the child by an attorney appointed under s. 767.045 (1) (c)
or to an action under ch. 769
No fee charged under this subsection in any action commenced under s. 813.12
may be collected from a petitioner under s. 813.12
. The fee charged under this subsection for petitions filed and granted under s. 813.12
shall be collected from the respondent under s. 813.12
if he or she is convicted of violating a temporary restraining order or injunction issued under s. 813.12 (3)
Except as provided in par. (b)
, on a change of venue at commencement in the court to which the action is transferred, a fee equal to the fee paid by the plaintiff to commence the action. The transferring court, in its order for change of venue, shall make a finding as to which party's actions necessitated the change of venue and shall order that party to pay the fee, which shall not be taxed as a cost in the action.
If the court orders a change of venue under s. 801.52
, no fee may be charged.
(3) Third-party complaint.
When any defendant files a 3rd-party complaint, the defendant shall pay a fee of $45. The defendant shall pay only one such $45 fee in an action. Of the fees received by the clerk under this subsection, the county treasurer shall pay $25 to the state treasurer for deposit in the general fund and shall retain the balance for the use of the county. The state treasurer shall credit $5 of the $25 to the appropriation under s. 20.680 (2) (j)
(4) Jury fee.
For a jury in all civil actions, except a garnishment action under ch. 812
, a nonrefundable fee of $6 per juror demanded to hear the case to be paid by the party demanding a jury within the time permitted to demand a jury trial. If the jury fee is not paid, no jury may be called in the action, and the action may be tried to the court without a jury.
(5) Judgments, writs, executions, liens, warrants, awards, certificates.
The clerk shall collect a fee of $5 for the following:
Issuing executions, certificates, commissions to take depositions, transcripts from the judgment and lien docket, and any writs not commencing an action or special proceeding.
Filing and entering judgments, transcripts of judgments, liens, warrants and awards, including filing and entering assignments or satisfactions of judgments, liens or warrants and withdrawals, satisfactions and voidances of tax warrants under s. 71.91 (5) (g)
(6) Foreign judgments.
On filing a foreign judgment under s. 806.24
(7) Revision of judgment or order in action affecting the family. 814.61(7)(a)(a)
Except as provided in par. (b)
, upon the filing of any petition under s. 767.32 (1)
or any motion, by either party, for the revision of a judgment or order in an action affecting the family, $30. No fee may be collected under this paragraph for any petition or motion by either party for the revision of a judgment or order involving child support, family support or maintenance if both parties have stipulated to the revision of the judgment or order. Of the fees received by the clerk under this paragraph, the county treasurer shall pay 50% to the state treasurer for deposit in the general fund and shall retain the balance for the use of the county.
Upon the filing of any petition, motion or order to show cause by either party under s. 767.325
, $50. Of the fees received by the clerk under this paragraph, the county treasurer shall pay 25% to the state treasurer for deposit in the general fund, retain 25% for the use of the county and deposit 50% in a separate account to be used by the county exclusively for the purposes specified in s. 767.11
(c) Paragraphs (a)
do not apply to a petition or motion filed by the state or its delegate in connection with an action to determine paternity under s. 767.45 (1) (g)
, to a petition or motion filed by an attorney appointed under s. 767.045 (1) (c)
in connection with an action to determine paternity when the circumstances specified in s. 767.045 (1) (c) 1.
apply or to a petition or motion filed in an action under ch. 769
(8) Appeal from municipal court or administrative decision. 814.61(8)(am)(am)
On appeal from municipal court or on review of any administrative decision, including an appeal from a commission's award in a condemnation action under ch. 32
If the appeal or review is by certiorari or on the record, $40.
Of the fees received by the clerk under par. (am) 1.
, the county treasurer shall pay $22.50 to the state treasurer for deposit in the general fund and shall retain the balance for the use of the county. The state treasurer shall credit $5 of the $22.50 to the appropriation under s. 20.680 (2) (j)
Of the fees received by the clerk under par. (am) 2.
, the county treasurer shall pay $30 to the state treasurer for deposit in the general fund and shall retain the balance for the use of the county. The state treasurer shall credit $5 of the $30 to the appropriation under s. 20.680 (2) (j)
(9) Transmitting documents.
For certifying and transmitting documents upon appeal, writ of error, change of venue, for enforcing real estate judgments in other counties, or for enforcing judgments in other states, $15 plus postage.
Except as provided in par. (b)
, for copies, certified or otherwise, of any document for which a specific fee is not established by this section, or for comparison and attestation of copies not provided by the clerk, $1.25 per page.
For copies of any court document requested by the state public defender, other than a transcript, a fee equal to the actual, necessary and direct costs of copying.
For searching files or records to locate any one action when the person requesting the search does not furnish the case number of the action, or to ascertain the existence or nonexistence of any instrument or record in the custody of the clerk of circuit court, $5.
For receiving a trust fund, or handling or depositing money under s. 757.25
, 807.10 (3)
or 880.04 (2) (a)
, at the time the money is deposited with the clerk, a fee of $10 or 0.5% of the amount deposited, whichever is greater. In addition, a fee of $10 shall be charged upon each withdrawal of any or all of the money deposited with the clerk.
If the clerk is required by court order or by law to deposit any of the funds in subd. 1.
in an account in a bank, savings bank, savings and loan association or other suitable financial institution, the type of account shall be in the clerk's discretion unless the court specifies a particular type of account in its order. In depositing the funds into any account, the clerk shall act as a conservator, not as a trustee, and shall not be held liable or responsible for obtaining any specific rate of interest on the deposit.
Maintenance payments and support.
Except in counties that have designated a county support collection designee under s. 59.07 (97m)
[59.53 (5m)], for receiving and disbursing money deposited as payment for maintenance payments, child support or family support payments, under interim or final orders in an action affecting the family, and for maintaining the records required under s. 59.40 (2) (h)
, an annual fee of up to $25 to be paid by each party ordered to make payments. Except in counties that have designated a county support collection designee under s. 59.07 (97m)
[59.53 (5m)], the court shall order each party ordered to make payments to pay the annual fee under this paragraph at the time of, and in addition to, the first payment to the clerk in each year for which payments are ordered. At the time of ordering the payment of an annual fee under this paragraph, the court shall notify each party ordered to make payments of the requirement to pay the annual fee and of the amount of the annual fee. If the annual fee under this paragraph is not paid when due, the clerk may not deduct the annual fee from the maintenance or support payment, but:
NOTE: Par. (b) (intro.) is shown as affected by two acts of the 1995 legislature and as merged by the revisor under s. 13.93 (2) (c). The bracketed language indicates the correct cross-reference. Corrective legislation is pending.
The clerk has standing to move the court for a remedial sanction under ch. 785
The clerk may apply to the court or court commissioner for an assignment relating to the annual fee in accordance with s. 767.265
or for an account transfer relating to the annual fee in accordance with s. 767.267
Deposits in contempt proceedings.
For receiving and disbursing deposits made under s. 818.12
in contempt proceedings under ch. 785
, $10 per deposit. The $10 fee shall be deducted from the deposit, unless the entire deposit is ordered returned to the defendant, before applying the deposit to the satisfaction of a judgment under s. 818.14
Maximum receiving and disbursing fee.
Beginning on August 15, 1991, the cumulative total for all annual fees owed by a party for each order but not paid to the clerk under par. (b)
may increase only by any unpaid annual fee due from that party for that order under par. (b)