CHAPTER 814
COURT COSTS AND FEES
SUBCHAPTER I
COSTS IN CIVIL ACTIONS AND SPECIAL
PROCEEDINGS
814.01 Costs allowed to plaintiff.
814.02 Costs limited, discretionary.
814.025 Costs upon frivolous claims and counterclaims.
814.03 Costs to defendant.
814.035 Costs upon counterclaims and cross complaints.
814.036 Omnibus costs provision.
814.05 Bond premium as costs.
814.08 Costs on appeal from municipal court; certiorari.
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.
814.25 Costs in actions by prisoners.
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.
814.615 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 supplemental 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 Wis. 2d 585, 761 (1975); Stats. 1975 s. 814.01;
1981 c. 317.
814.01 Annotation
This section does not provide for the awarding of costs to a party in an arbitration proceeding. This section requires a litigated court proceeding. Finkenbinder v. State Farm Mutual Insurance Co.
215 Wis. 2d 145,
572 N.W.2d 501 (Ct. App. 1997).
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 Wis. 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 attorney fees even when a note specifies the amount. Lakeshore Commercial Finance Corp. v. Bradford Arms Corp.
45 Wis. 2d 313,
173 N.W.2d 165 (1970).
814.02 Annotation
Neither s. 814.02 or 814.036 grants the trial court the power to allow costs that are not explicitly authorized by statute. Kleinke v. Farmers Coop. Supply & Shipping,
202 Wis. 2d 138,
549 N.W.2d 714 (1996).
814.02 Annotation
The court exercises its discretion under this section by determining what is a necessary cost. Aspen Services, Inc. v. IT Corp.
220 Wis. 2d 491,
583 N.W.2d 849 (Ct. App. 1998).
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:
