814.10 Taxation of costs.
814.11 Disbursements, how proved.
814.12 Costs may be set off.
814.13 Referee; court to fix and allow fees.
814.131 Taxing costs on compulsory references.
814.14 Fiduciary; liability for costs limited; bond premium.
814.15 Assignee's liability for costs.
814.16 Settlement, costs on.
814.19 Records copied not to be taxed for.
814.22 What county to pay costs when venue changed or jury selected for use in another county, taxation, certification.
814.23 Actions by or against county.
814.24 Action against city, village or town official, cost.
814.245 Actions by state agencies.
814.27 Security for costs.
814.28 Security for costs.
814.29 Security for costs, service and fees for indigents.
814.33 Additional security for costs.
814.34 Attorney for plaintiff liable for costs.
814.46 Taxation after settlement.
814.47 Fees not collectible till taxed.
814.48 Duty of officers taxing costs.
814.49 Costs on dismissal for lack of jurisdiction or stay of proceedings.
814.51 Jury fees; discretion of court.
SUBCHAPTER II
COURT FEES
814.60 Criminal actions; fees of the clerk of court.
814.61 Civil actions; fees of the clerk of court.
814.612 Fees of designee for receiving and disbursing support.
814.615 Fees for mediation and studies.
814.62 Fees in garnishment, wage earner and small claims actions.
814.63 Fees in forfeiture actions.
814.634 Fee for court support services.
814.635 Justice information system fee and special prosecution clerks fee.
814.64 Fees on appeal to court of appeals or supreme court.
814.65 Fees of the municipal court.
814.66 Fees of register in probate.
814.67 Fees of witnesses and interpreters.
814.68 Fees of court commissioners.
814.69 Fees of court reporters; transcripts.
814.705 Governing body may establish higher fees.
814.71 Fees of city police, constables and village marshals.
814.72 Fees of appraisers.
COSTS IN CIVIL ACTIONS AND
SPECIAL PROCEEDINGS
814.01
814.01
Costs allowed to plaintiff. 814.01(1)
(1) Except as otherwise provided in this chapter, costs shall be allowed of course to the plaintiff upon a recovery.
814.01(3)
(3) In an action for assault and battery, false imprisonment, libel, slander, malicious prosecution, invasion of privacy or seduction, a plaintiff who recovers less than $50 damages shall recover no more costs than damages.
814.01 History
History: Sup. Ct. Order, 67 W (2d) 585, 761 (1975); Stats. 1975 s. 814.01;
1981 c. 317.
814.02
814.02
Costs limited, discretionary. 814.02(1)
(1) When several actions are brought against parties who might have been joined as defendants and the actions are consolidated under
s. 805.05 (1) no costs, other than disbursements, shall be allowed to the plaintiff in excess of what the plaintiff would be entitled to had the plaintiff brought but one action.
814.02(2)
(2) In equitable actions and special proceedings costs may be allowed or not to any party, in whole or in part, in the discretion of the court, and in any such case the court may award to the successful party such costs (exclusive of disbursements) not exceeding $100, as the court deems reasonable and just, in view of the nature of the case and the work involved. This subsection refers only to such costs and fees as may be taxed by the authority of the statutes, independent of any contract of the parties upon the subject, which contract shall apply unless the court finds that the provisions thereof are inequitable or unjust.
814.02 History
History: Sup. Ct. Order, 67 W (2d) 585, 761, 780 (1975); Stats. 1975 s. 814.02;
1993 a. 486.
814.02 Annotation
Courts can make a determination of the reasonableness of attorneys fees even where a note specifies the amount. Lakeshore C. F. Corp. v. Bradford A. Corp. 45 W (2d) 313, 173 NW (2d) 165.
814.02 Annotation
Neither s. 814.02 or s. 814.036 grants the trial court the power to allow costs which are not explicitly authorized by statute. Kleinke v. Farmers Coop. Supply & Shipping, 202 W (2d) 138, 549 NW (2d) 714 (1996).
814.025
814.025
Costs upon frivolous claims and counterclaims. 814.025(1)(1) If an action or special proceeding commenced or continued by a plaintiff or a counterclaim, defense or cross complaint commenced, used or continued by a defendant is found, at any time during the proceedings or upon judgment, to be frivolous by the court, the court shall award to the successful party costs determined under
s. 814.04 and reasonable attorney fees.
814.025(2)
(2) The costs and fees awarded under
sub. (1) may be assessed fully against either the party bringing the action, special proceeding, cross complaint, defense or counterclaim or the attorney representing the party or may be assessed so that the party and the attorney each pay a portion of the costs and fees.
814.025(3)
(3) In order to find an action, special proceeding, counterclaim, defense or cross complaint to be frivolous under
sub. (1), the court must find one or more of the following:
814.025(3)(a)
(a) The action, special proceeding, counterclaim, defense or cross complaint was commenced, used or continued in bad faith, solely for purposes of harassing or maliciously injuring another.
814.025(3)(b)
(b) The party or the party's attorney knew, or should have known, that the action, special proceeding, counterclaim, defense or cross complaint was without any reasonable basis in law or equity and could not be supported by a good faith argument for an extension, modification or reversal of existing law.
814.025 History
History: 1977 c. 209;
1987 a. 256.
814.025 Annotation
Trial court's finding that claim was not frivolous was against great weight and clear preponderance of evidence. Sommer v. Carr, 95 W (2d) 651, 291 NW (2d) 301 (Ct. App. 1980).
814.025 Annotation
This section is not applicable in quasi-criminal actions (ordinance violations) where decision to proceed is based on prosecutorial discretion. City of Janesville v. Wiskia, 97 W (2d) 473, 293 NW (2d) 522 (1980).
814.025 Annotation
Trial court must apply objective test to support finding that claim was frivolous. Sommer v. Carr, 99 W (2d) 789, 299 NW (2d) 856 (1981).
814.025 Annotation
This section does not permit award of attorney's fees for a frivolous appeal. Determination of frivolity discussed. In Matter of Estate of Bilsie, 100 W (2d) 342, 302 NW (2d) 508 (Ct. App. 1981).
814.025 Annotation
Court may not impose joint and several liability under this section. Frivolity discussed. State v. State Farm Fire & Cas. Co. 100 W (2d) 582, 302 NW (2d) 827 (1981).
814.025 Annotation
See note to 799.25, citing Hessenius v. Schmidt, 102 W (2d) 697, 307 NW (2d) 232 (1981).
814.025 Annotation
Motion for relief under 806.07 was frivolous. Court erred by allowing travel expenses as costs. Wengerd v. Rinehart, 114 W (2d) 575, 338 NW (2d) 861 (Ct. App. 1983).
814.025 Annotation
Arguments that "reduction clauses" in uninsured motorist provisions are invalid and that release does not bar subsequent claim against insurer for tort of bad faith were frivolous. Radlein v. Industrial Fire & Cas. Ins. Co. 117 W (2d) 605, 345 NW (2d) 874 (1984).
814.025 Annotation
Denial of defendant's motion for directed verdict did not bar court from finding plaintiff's action to be frivolous. Court may find some claims constituting an action frivolous and others not frivolous. Stoll v. Adriansen, 122 W (2d) 503, 362 NW (2d) 182 (Ct. App. 1984).
814.025 Annotation
Court may award attorney fees if petitioner's claim was frivolously brought before it on review under ch. 227, but may not award attorney fees incurred at various agency levels. Tatum v. LIRC, 132 W (2d) 411, 392 NW (2d) 840 (Ct. App. 1986).
814.025 Annotation
Section penalizes parties who bring frivolous lawsuits and does not penalize parties for unacceptable tactics in course of proceedings. Gagnow v. Haase, 149 W (2d) 542, 439 NW (2d) 593 (Ct. App. 1989).
814.025 Annotation
Trial court erred in finding frivolousness on attorney's part based upon court's assessment of credibility of client. Blankenship v. Computers & Training, 158 W (2d) 702, 462 NW (2d) 918 (Ct. App. 1990).
814.025 Annotation
See note to 809.25 citing Minniecheske v. Griesbach, 161 W (2d) 743, 468 NW (2d) 760 (Ct. App. 1991).
814.025 Annotation
In cases which do not fit squarely within this statute, a trial court has certain inherent powers to sanction parties including the awarding of attorney fees. Schaefer v. Northern Assurance Co. 182 W (2d) 148, 513 NW (2d) 16 (Ct. App. 1994).
814.025 Annotation
Frivolousness under sub. (3) (a) is a high standard typically requiring a finding of bad faith based on some statement or action, such as a threat. The threshold issue under sub. (3) (b) is whether the action may even be brought. If an attorney knows or should have known that the required elements necessary to prove a claim cannot be produced, the claim is frivolous under sub. (3) (b). Stern v. Thompson & Coates, LTD. 185 W (2d) 221, 517 NW (2d) 658 (1994).
814.025 Annotation
The application of this section is not limited to frivolous pleading recognized in ch. 802, but includes any argument by counsel made during the course of a proceeding. Gardner v. Gardner, 190 W (2d) 216, 527 NW (2d) 701 (Ct. App. 1994).
814.025 Annotation
Motions under this section must be filed prior to the entry of judgment. Northwest Wholesale Lumber v. Anderson, 191 W (2d) 278, 528 NW (2d) 502 (Ct. App. 1995).
814.025 Annotation
There is a presumption of non-frivolousness, requiring all doubts to be resolved in favor of non-frivolousness. When there are disputes as to frivolousness, the moving party has the burden to show at an evidentiary hearing that the action is not well grounded in the facts or the law or equity. Kelly v. Clark, 192 W (2d) 633, 531 NW (2d) 455 (Ct. App. 1995).
814.025 Annotation
Claim of intentional infliction of emotional distress was frivolous. Braski v. AH-NE-PEE Dimensional Hardwood, Inc. 630 F Supp. 862 (1986).
814.025 Annotation
Is Wisconsin's frivolous claim statute frivolous? Endress. 68 MLR 279 (1985).
814.025 Annotation
Awarding reasonable attorney fees upon frivolous claims and counterclaims under s. 814.025. Sundby, WBB May 1980.
814.03
814.03
Costs to defendant. 814.03(1)(1) If the plaintiff is not entitled to costs under
s. 814.01 (1) or
(3), the defendant shall be allowed costs to be computed on the basis of the demands of the complaint.
814.03(2)
(2) Where there are several defendants who are not united in interest and who make separate defenses by separate answers, if the plaintiff recovers against some but not all of such defendants, the court may award costs to any defendant who has judgment in the defendant's favor.
814.03 History
History: Sup. Ct. Order, 67 W (2d) 585, 761, 780 (1975); Stats. 1975 s. 814.03;
1987 a. 345;
1993 a. 486,
496.
