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.
814.63(3)(bm) (bm) Uninsured employer assessment imposed by s. 102.85 (4).
814.63(3)(bs) (bs) Environmental assessment imposed by s. 299.93.
814.63(3)(c) (c) Natural resources assessment imposed by s. 29.997.
814.63(3)(d) (d) Natural resources restitution payment imposed by s. 29.998.
814.63(3)(e) (e) Wild animal protection assessment imposed by s. 29.9965.
814.63(3)(eg) (eg) Fishing shelter removal assessment imposed by s. 29.9967.
814.63(3)(er) (er) Snowmobile registration restitution payment imposed by s. 350.115.
814.63(3)(f) (f) Weapons assessment imposed by s. 167.31 (5).
814.63(4) (4) In forfeiture actions in which a county, town, city, village, town sanitary district or public inland lake protection and rehabilitation district prevails, costs and disbursements shall be allowed to the county, town, city, village, town sanitary district or public inland lake protection and rehabilitation district subject only to sub. (2) and such other limitation as the court may direct.
814.63(5) (5) Of the fees received by the clerk under sub. (1) (b), the county treasurer shall pay $17.50 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 $17.50 to the appropriation under s. 20.680 (2) (j).
814.63 Annotation Municipality must pay five dollar fee imposed under (2), upon disposition of a forfeiture action in court for municipal ordinance violation; the fee may not be passed on to the defendant. 80 Atty. Gen. 151.
814.63 AnnotationSee note to 814.60 citing 80 Atty. Gen. 223.
814.634 814.634 Fee for court support services.
814.634(1) (1)
814.634(1)(a)(a) Except for an action for a safety belt use violation under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $40 court support services fee from any person, including any governmental unit as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3) or (8) (am) or 814.63 (1).
814.634(1)(b) (b) Notwithstanding par. (a), the clerk of circuit court shall charge and collect a $100 court support services fee from any person, including any governmental unit as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a) or (3) or 814.62 (1) or (2), if the party paying the fee seeks the recovery of money and the amount claimed exceeds the amount under s. 799.01 (1) (d).
814.634(1)(c) (c) Notwithstanding par. (a), the clerk of circuit court shall charge and collect a $30 court support services fee from any person, including any governmental unit as defined in s. 108.02 (17), paying a fee under s. 814.62 (3) (a) or (b), or paying a fee under s. 814.61 (1) (a) or (3) or 814.62 (1) or (2) if the party paying the fee seeks the recovery of money and the amount claimed is equal to or less than the amount under s. 799.01 (1) (d).
814.634(1)(d) (d) The court support services fee is in addition to the other fees listed in this subsection.
814.634(2) (2) The clerk shall pay the moneys collected under sub. (1) to the county treasurer under s. 59.40 (2) (m). The county treasurer shall pay those moneys to the state treasurer under s. 59.25 (3) (p).
814.634 History History: 1993 a. 16; 1995 a. 27, 201, 417.
814.635 814.635 Justice information system fee and special prosecution clerks fee.
814.635(1) (1) Except for an action for a safety belt use violation under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $5 justice information system fee from any person, including any governmental unit as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3) or (8) (am), 814.62 (1), (2) or (3) (a) or (b) or 814.63 (1). The justice information system fee is in addition to the other fees listed in this section.
814.635(1m) (1m) Beginning October 1, 1995, whenever the clerk of circuit court for Milwaukee County charges and collects a fee under sub. (1), he or she shall also charge and collect a $2 special prosecution clerks fee. The special prosecution clerks fee is in addition to the other fees listed in sub. (1).
814.635(2) (2) The clerk shall pay the moneys collected under subs. (1) and (1m) to the county treasurer under s. 59.40 (2) (m). The county treasurer shall pay those moneys to the state treasurer under s. 59.25 (3) (p).
814.635 History History: 1987 a. 27; 1989 a. 22; 1991 a. 26, 39; 1993 a. 16; 1995 a. 27, 201.
814.64 814.64 Fees on appeal to court of appeals or supreme court. The fees on appeal to the court of appeals and the supreme court are prescribed in s. 809.25 (2).
814.64 History History: 1981 c. 317.
814.65 814.65 Fees of the municipal court.
814.65(1) (1)Court costs. In a municipal court action, except an action for violation of an ordinance in conformity with s. 347.48 (2m), the municipal judge shall collect a fee of $15 on each separate matter, whether it is on default of appearance, a plea of guilty or no contest, on issuance of a warrant or summons or the action is tried as a contested matter. Of each $15 fee received by the judge under this subsection, the municipal treasurer shall pay monthly one-third to the state treasurer for deposit in the general fund and shall retain the balance for the use of the municipality.
814.65(2) (2)Witness and interpreter's fees. The fees of witnesses and interpreters shall be paid as specified in s. 814.67.
814.65(3) (3)Attorney fees. A municipal court shall not impose and collect attorney fees.
814.65(4) (4)Taxation of fees and costs.
814.65(4)(a)(a) Other than fees specified in sub. (1) and costs specified in par. (b), no fees or costs are taxable by a municipality to a party before a municipal court unless it is directly chargeable to the municipality as a disbursement, such as service of process costs.
814.65(4)(b) (b) If service of process is accomplished by municipal personnel, the cost of the service prescribed under ss. 814.70 and 814.71, subject to any modification applicable under s. 814.705, is taxable regardless of whether a separate disbursement is made to specifically reimburse the municipal employe or agency.
814.65(5) (5)Costs and fees on appeal. On appeal from municipal court, the appellant shall pay the fee prescribed in s. 814.61 (8). The appellant shall also pay a fee of $10 for the transcript prepared under s. 800.14 (5). Costs shall be as provided in s. 814.08.
814.66 814.66 Fees of register in probate.
814.66(1) (1) The register in probate shall collect the following fees:
814.66(1)(a)2.2. For filing a petition whereby any proceeding in estates of deceased persons is commenced, if the gross estate or value of the property is $10,000 or less, a fee of $10; if the gross estate is more than $10,000, a fee of 0.1% of the amount of the gross estate.
814.66(1)(a)2m. 2m. In determining the value of the gross estate or the value of the property under subd. 2., the value of property that passes under a revocable inter vivos trust is excluded.
814.66(1)(a)3. 3. The fees shall be paid at the time of the filing of the inventory or other documents setting forth the net value of the property subject to administration in the proceedings, and shall apply to inventories filed in testamentary trusts. The fees fixed in this paragraph shall also be paid in survivorship proceedings, and in the survivorship proceedings the value shall be based on the value of the property passing to the survivors.
814.66(1)(b)2.2. For filing a petition for guardianship of the estate under ch. 880 or an application for conservatorship under ch. 880, if the gross estate or value of the property is $10,000 or less, a fee of $10; if the gross estate is more than $10,000, a fee of 0.1% of the amount of the gross estate.
814.66(1)(b)3. 3. The fee shall be paid at the time of filing of the inventory or other documents setting forth the value of the estate in the proceedings.
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This is an archival version of the Wis. Stats. database for 1995. See Are the Statutes on this Website Official?