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814.61 814.61 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:
814.61(1) (1)Commencement of actions.
814.61(1)(a)(a) Except as provided under pars. (c) and (d), at the commencement of all civil actions and special proceedings not specified in ss. 814.62 to 814.66, $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).
814.61(1)(b) (b) Except as provided in pars. (c) and (d), 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.
814.61(1)(c) (c) Paragraphs (a) and (b) do not apply to any action to determine paternity brought by the state or its delegate under s. 767.45 (1) (g) or (h) or commenced on behalf of the child by an attorney appointed under s. 767.045 (1) (c) or to an action under ch. 769.
814.61(1)(d) (d) 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) or (4).
814.61(2) (2)Change of venue.
814.61(2)(a)(a) 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.
814.61(2)(b) (b) If the court orders a change of venue under s. 801.52, no fee may be charged.
814.61(3) (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).
814.61(4) (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.
814.61(5) (5)Judgments, writs, executions, liens, warrants, awards, certificates. The clerk shall collect a fee of $5 for the following:
814.61(5)(a) (a) Issuing executions, certificates, commissions to take depositions, transcripts from the judgment and lien docket, and any writs not commencing an action or special proceeding.
814.61(5)(b) (b) 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).
814.61(6) (6)Foreign judgments. On filing a foreign judgment under s. 806.24, $15.
814.61(7) (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.
814.61(7)(b) (b) Upon the filing of any petition, motion or order to show cause by either party under s. 767.325 or 767.327, $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.
814.61(7)(c) (c) Paragraphs (a) and (b) 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. or 2. apply or to a petition or motion filed in an action under ch. 769.
814.61(8) (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:
814.61(8)(am)1. 1. If the appeal or review is by certiorari or on the record, $40.
814.61(8)(am)2. 2. If a new trial is authorized and requested, $55.
814.61(8)(c) (c) 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).
814.61(8)(d) (d) 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).
814.61(9) (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.
814.61(10) (10)Copies.
814.61(10)(a)(a) 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.
814.61(10)(b) (b) 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.
814.61(11) (11)Searches. 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.
814.61(12) (12)Receiving and disbursing money.
814.61(12)(a)(a) Trust funds and small estates.
814.61(12)(a)1.1. 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.
814.61(12)(a)2. 2. 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.
814.61(12)(b) (b) 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:
814.61 Note 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.
814.61(12)(b)1. 1. The clerk has standing to move the court for a remedial sanction under ch. 785.
814.61(12)(b)3. 3. 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.
814.61(12)(c) (c) 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.
814.61(12)(cm) (cm) 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).
814.61(13) (13)Support or maintenance petition. For the cost of court services, whenever a person not receiving benefits under s. 49.148, 49.153 or 49.155 or aid under s. 49.19, 49.46, 49.465, 49.468 or 49.47 files a petition requesting child support, maintenance or family support payments, $10 in addition to any other fee required under this section. This subsection does not apply to a petition filed by the state or its delegate.
814.61(14) (14)Petition for occupational license. On filing a petition for an occupational license under s. 343.10 (4), $40.
814.61 Annotation Trial court has discretion to allow a jury trial where fees under s. 814.61 (4) were not timely paid. Chitwood v. A. O. Smith Harvestore, 170 W (2d) 622, 489 NW (2d) 697 (Ct. App. 1992).
814.61 Annotation Discussion of circumstances under which additional fees under (13) are to be paid. 75 Atty Gen 1.
814.61 AnnotationEnforcement of (12) (b) discussed. 76 Atty. Gen. 100.
814.61 AnnotationClerk's authority under (12) (b) discussed. 76 Atty. Gen. 265.
814.61 AnnotationSee note to 814.60 citing 80 Atty. Gen. 223.
814.61 Annotation If a domestic abuse petition is filed under 813.12 (2) in conjunction with or in a pending action affecting the family no separate filing fee is required. 80 Atty. Gen. 231.
814.612 814.612 Fees of designee for receiving and disbursing support. In a county that has designated a county support collection designee under s. 59.07 (97m) [59.53 (5m)], the support collection designee, 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. 59.07 (97m) (b) 1. [59.53 (5m) (b) 1.], shall collect an annual fee of up to $25 to be paid by each party ordered to make payments. In such a county, the court shall order each party ordered to make payments to pay the annual fee under this section at the time of, and in addition to, the first payment to the support collection designee in each year for which payments are ordered. At the time of ordering the payment of an annual fee under this section, 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 section is not paid when due, the support collection designee may not deduct the annual fee from the maintenance or support payment, but:
814.612 Note NOTE: The bracketed language indicates the correct cross-references. Corrective legislation is pending.
814.612(1) (1) The support collection designee has standing to move the court for a remedial sanction under ch. 785.
814.612(2) (2) The support collection designee may apply to the court or court commissioner for an assignment relating to the annual fee in accordance with s. 767.265.
814.612 History History: 1995 a. 279.
814.615 814.615 Fees for mediation and studies.
814.615(1) (1)
814.615(1)(a)(a) Except as provided under sub. (2), for family court counseling services provided under s. 767.11 a county shall collect the following fees:
814.615(1)(a)1. 1. For the first mediation session conducted upon referral under s. 767.11 (5), no fee.
814.615(1)(a)2. 2. For all mediation provided after the first session mediation described under subd. 1., a single fee of $200, regardless of the number of mediation sessions held.
814.615(1)(a)3. 3. For a study under s. 767.11 (14), a fee of $300.
814.615(1)(b) (b) The county shall determine when and how to collect the fees under par. (a). Subject to sub. (3), the county shall reduce the fees in accordance with the parties' ability to pay or provide the services without payment of the fees if both parties are unable to pay.
814.615(2) (2) In lieu of the fee under sub. (1) (a) 2. or 3., a county may establish a fee schedule to recover its reasonable costs of providing family court counseling services under s. 767.11. A fee schedule established under this subsection may apply in lieu of the fee under sub. (1) (a) 2. or 3. or both, and shall require no fee for the first mediation session conducted upon referral under s. 767.11 (5); provide for payment for any other services based on the parties' ability to pay; and take into account the fees the county collects under s. 814.61 (1) (b) and (7) (b). Fees shall be based on services actually provided. The county may not collect a single fee applicable without regard to the number of sessions or services provided. Subject to sub. (3), the county shall provide family court counseling services to the parties even if both parties are unable to pay.
814.615(3) (3) The court or family court commissioner shall direct either or both parties to pay any applicable fee under this section. If either or both parties are unable to pay, the court shall grant a separate judgment for the amount of the fees in favor of the county and against the party or parties responsible for the fees.
814.615(4) (4) The county treasurer shall deposit fees collected under this section in a separate account for the exclusive purpose of providing mediation services and studies under s. 767.11.
814.615 History History: 1987 a. 355; 1991 a. 269.
814.615 Note NOTE: 1987 Wis. Act 355, which created this section, contains explanatory notes.
814.62 814.62 Fees in garnishment, wage earner and small claims actions. 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:
814.62(1) (1)Garnishment actions. The fee for commencing a garnishment action under ch. 812, including actions under s. 799.01 (1) (d) 2., is $20. Of the fees received by the clerk under this subsection, the county treasurer shall pay $12.50 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 $12.50 to the appropriation under s. 20.680 (2) (j).
814.62(2) (2)Wage earner actions. The fee for commencing wage earner amortization proceedings under s. 128.21 is $10.
814.62(3) (3)Small claims actions.
814.62(3)(a)(a) In a small claims action under ch. 799, at the time of issuance of a summons or other process in a proceeding not commenced by a summons, the plaintiff shall pay to the clerk of court a fee of $22.
814.62(3)(b) (b) If a counterclaim or cross complaint is filed under s. 799.02 (1), the person filing the same shall pay a fee equal to the difference between the fee under s. 814.61 (1) (a) and the fee under par. (a).
814.62(3)(c) (c) For all other services of the clerk in a small claims action, the clerk shall collect the fees prescribed in s. 814.61.
814.62(3)(d)2.2. Of the fees received by the clerk under par. (a), the county treasurer shall pay $11.80 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 the $11.80 to the appropriation under s. 20.680 (2) (j).
814.62(3)(d)3. 3. Of the fees received by the clerk under par. (b), the county treasurer shall pay $27.20 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 $10 of the $27.20 to the appropriation under s. 20.680 (2) (j).
814.62(3)(e) (e) If any party files a demand for a jury trial in any action under ch. 799, the party demanding the jury trial shall pay a fee equal to the difference between the fee under s. 814.61 (1) (a) and the fee under par. (a), in addition to the fee under s. 814.61 (4).
814.62(4) (4)Mailing fee. For service by mail under s. 799.12, the clerk shall collect $2 for each defendant to cover the expense of mailing. If service by certified mail return receipt requested is required, the clerk shall collect for each defendant $2 plus the cost for the certified mailing, rounded up to the nearest dollar.
814.62 History History: 1981 c. 317; 1983 a. 27; 1985 a. 29; 1987 a. 208, 399; 1989 a. 31, 359; 1991 a. 39; 1993 a. 16; 1995 a. 27; Sup. Ct. Order No. 95-10, 195 W (2d) xv (1996).
814.63 814.63 Fees in forfeiture actions.
814.63(1) (1)
814.63(1)(b)(b) In all forfeiture actions in circuit court, the clerk of court shall collect a fee of $25 to be paid by the defendant when judgment is entered against the defendant.
814.63(1)(c) (c) This subsection does not apply to an action for a violation of s. 101.123 (2) (a), (am) 1. or (bm) or (5) or a safety belt use violation under s. 347.48 (2m).
814.63(2) (2) Upon the disposition of a forfeiture action in circuit court for violation of a county, town, city, village, town sanitary district or public inland lake protection and rehabilitation district ordinance, except an action for a safety belt use violation under s. 347.48 (2m), the county, town, city, village, town sanitary district or public inland lake protection and rehabilitation district shall pay a nonrefundable fee of $5 to the clerk of circuit court.
814.63(3) (3) In addition to any forfeiture imposed, the defendant shall be required to pay any applicable:
814.63(3)(a) (a) Penalty assessment imposed by s. 165.87.
814.63(3)(ag) (ag) Jail assessment imposed by s. 302.46 (1).
814.63(3)(ar) (ar) Domestic abuse assessment imposed by s. 973.055 (1).
814.63(3)(b) (b) Driver improvement surcharge imposed by s. 346.655.
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