814.60 Annotation
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.
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)(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)(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)(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)(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)(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)(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. 59.53 (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. 59.53 (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(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).
Effective date note
NOTE: Par. (cm) is repealed eff. 1-4-99 by
1997 Wis. Act 27.
814.61(13)
(13) Support or maintenance petition. For the cost of court services, whenever a person not receiving benefits under
s. 49.148 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 History
History: 1981 c. 317;
1983 a. 27;
1983 a. 189 s.
329 (28);
1983 a. 228,
447,
538;
1985 a. 29,
169;
1987 a. 27 ss.
2143p,
3202 (24);
1987 a. 144,
355,
399;
1989 a. 31;
1989 a. 56 s.
259;
1989 a. 191;
1991 a. 39,
221,
269;
1993 a. 16,
319,
326,
481,
491;
1995 a. 27,
201,
224,
269,
279,
289,
306;
1997 a. 27,
35,
285.
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 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. 59.53 (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. 59.53 (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(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.
Effective date note
NOTE: This section is repealed eff. 1-4-99 by
1997 Wis. Act 27.
814.612 History
History: 1995 a. 279;
1997 a. 27,
35,
252.
814.615
814.615
Fees for mediation and studies. 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)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)(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)(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.
