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 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 attorneys fees even where a note specifies the amount. Lakeshore C. F. Corp. v. Bradford A. Corp.
45 Wis. 2d 313,
173 N.W.2d 165.
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:
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
The trial court's finding that a claim was not frivolous was against the great weight and clear preponderance of evidence. Sommer v. Carr,
95 Wis. 2d 651,
291 N.W.2d 301 (Ct. App. 1980).
814.025 Annotation
This section is not applicable in quasi-criminal actions, such as ordinance violations, where the decision to proceed is based on prosecutorial discretion. City of Janesville v. Wiskia,
97 Wis. 2d 473,
293 N.W.2d 522 (1980).
814.025 Annotation
The trial court must apply an objective test to support a finding that a claim is frivolous. Sommer v. Carr,
99 Wis. 2d 789,
299 N.W.2d 856 (1981).
814.025 Annotation
This section does not permit an award of attorney fees for a frivolous appeal. The determination of frivolousness is discussed. In Matter of Estate of Bilsie,
100 Wis. 2d 342,
302 N.W.2d 508 (Ct. App. 1981).
814.025 Annotation
A court may not impose joint and several liability under this section. Frivolousness is discussed. State v. State Farm Fire & Cas. Co.
100 Wis. 2d 582,
302 N.W.2d 827 (1981).
814.025 Annotation
A court commissioner lacked jurisdiction over a counterclaim alleging a frivolous action. Therefore the commissioner's order finding the claim to be nonfrivolous was void. Hessenius v. Schmidt,
102 Wis. 2d 697,
307 N.W.2d 232 (1981).
814.025 Annotation
A motion for relief from judgment under s. 806.07 is a special proceeding subject to this section and was properly found frivolous on affidavits without a hearing. The court erred by allowing travel expenses as costs. Wengerd v. Rinehart,
114 Wis. 2d 575,
338 N.W.2d 861 (Ct. App. 1983).
814.025 Annotation
Arguments that "reduction clauses" in uninsured motorist provisions are invalid and that a release does not bar a subsequent claim against an insurer for the tort of bad faith were frivolous. Radlein v. Industrial Fire & Cas. Ins. Co.
117 Wis. 2d 605,
345 N.W.2d 874 (1984).
814.025 Annotation
The denial of a defendant's motion for a directed verdict did not bar the court from finding the plaintiff's action to be frivolous. Courts may find some claims constituting an action frivolous and others not frivolous. Stoll v. Adriansen,
122 Wis. 2d 503,
362 N.W.2d 182 (Ct. App. 1984).
814.025 Annotation
A court may award attorney fees if a petitioner's claim is frivolously brought before it on review under ch. 227, but may not award attorney fees incurred at various agency levels. Tatum v. LIRC,
132 Wis. 2d 411,
392 N.W.2d 840 (Ct. App. 1986).
814.025 Annotation
This section penalizes parties who bring frivolous lawsuits and does not penalize parties for unacceptable tactics in the course of proceedings. Gagnow v. Haase,
149 Wis. 2d 542,
439 N.W.2d 593 (Ct. App. 1989).
814.025 Annotation
The trial court erred in finding frivolousness on an attorney's part based upon the court's assessment of the credibility of the attorney's client. Blankenship v. Computers & Training,
158 Wis. 2d 702,
462 N.W.2d 918 (Ct. App. 1990).
814.025 Annotation
Restricting access to courts may be a sanction for a frivolous action where the order is narrowly tailored to balance the interests of public access to the courts, res judicata and the public's right to not have frivolous litigation be a drain on public resources. Minniecheske v. Griesbach,
161 Wis. 2d 743,
468 N.W.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 Wis. 2d 148,
513 N.W.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 Wis. 2d 221,
517 N.W.2d 658 (1994).
814.025 Annotation
The application of this section is not limited to frivolous pleadings recognized in ch. 802, but includes any argument by counsel made during the course of a proceeding. Gardner v. Gardner,
190 Wis. 2d 216,
527 N.W.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 Wis. 2d 278,
528 N.W.2d 502 (Ct. App. 1995).
814.025 Annotation
There is a presumption of nonfrivolousness, requiring all doubts to be resolved in favor of nonfrivolousness. 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 Wis. 2d 633,
531 N.W.2d 455 (Ct. App. 1995).
814.025 Annotation
When a party's claim can only be be determined after research and deliberation it is not frivolous. Juneau County v. Courthouse Employees Local 1312,
216 Wis. 2d 283,
576 N.W.2d 565 (Ct. App. 1998).
814.025 Annotation
The incorporation of s. 802.05 by this section allows the the trial court ,on a motion under this section, to award attorney fees based on both sections. Belich v. Szymaszek,
224 Wis. 2d 419,
592 N.W.2d 254 (Ct. App. 1999).
814.025 Annotation
A plaintiff need not, as a matter of course, exhaust outside sources of information before embarking on formal discovery. However, a plaintiff may not rely on formal discovery to establish the factual basis of its cause of action, thereby escaping the mandates of ss. 802.05 and 814.025, when the required factual basis could be established without discovery. Jandrt v. Jerome Foods, Inc.
227 Wis. 2d 531,
597 N.W.2d 744 (1999).
814.025 Annotation
An attorney who knows that his or her client is asserting a claim solely to injure or harass the opposing party, and still agrees to proceed with that claim, will be held to have the same motive as the client. Elmakias v. Wayda,
228 Wis. 2d 312,
596 N.W.2d 869 (Ct. App. 1999).
814.025 Annotation
Despite the express service provisions in this section, service does not initiate the appeal and confer jurisdiction, filing does. Carla B. v. Timothy N.
228 Wis. 2d 695,
598 N.W.2d 924 (Ct. App. 1999).
814.025 Annotation
A 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.
814.025 Annotation
The Effect of Jandrt on Satellite Litigation. Geske & Gleisner. Wis. Law. May 2000.
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(3)
(3) Notwithstanding
subs. (1) and
(2), where the department of health and family services or a county is joined as a plaintiff pursuant to
ss. 49.89 (2) and
803.03 (2) (a) because of the provision of benefits under
subch. IV of ch. 49, the department of health and family services or the county shall not be liable for costs to any prevailing defendant.
814.03 History
History: Sup. Ct. Order,
67 Wis. 2d 585, 761, 780 (1975); Stats. 1975 s. 814.03;
1987 a. 345;
1993 a. 486,
496;
1997 a. 27;
1999 a. 9.
814.03 Annotation
This section contemplates the awarding of costs only to successful parties. DeGroff v. Schmude,
71 Wis. 2d 554,
238 N.W.2d 730.
814.03 Annotation
A prevailing defendant is entitled to costs from all plaintiffs including subrogated plaintiffs who elected not participate in the trial. Sampson v. Logue,
184 Wis. 2d 20,
515 N.W.2d 917 (Ct. App. 1994).
814.03 Annotation
This section is mandatory, not discretionary. Taylor v. St. Croix Chippewa Indians of Wisconsin,
229 Wis. 2d 688,
599 N.W.2d 924 (Ct. App. 1999).
814.035
814.035
Costs upon counterclaims and cross complaints. 814.035(1)(1) Except as otherwise provided in this section, costs shall be allowed on counterclaims and cross complaints as if separate actions had been brought thereon.
814.035(2)
(2) When the causes of action stated in the complaint and counterclaim and cross complaint arose out of the same transaction or occurrence, costs in favor of the successful party upon the complaint and counterclaim and cross complaint so arising shall be in the discretion of the court.
814.035(3)
(3) Costs recovered by opposing parties shall be offset.
814.035 History
History: Sup. Ct. Order,
67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 814.035.
814.035 Annotation
An award of statutory costs to the lessee and denial of costs to the lessor was, under 271.035 [now 814.035] (2) and (3), a matter within the trial court's discretion as costs are purely discretionary when both parties recover on their respective claims in one action. Mid-Continent Refrigerator Co. v. Straka,
47 Wis. 2d 739,
178 N.W.2d 28.
814.035 Annotation
Where judgment was ordered for a defendant in the plaintiff's action and also for the defendant on one of several counterclaims, costs were properly awarded to the defendant as to each. Arrowhead Growers S. Co. v. Central Sands Prod.
48 Wis. 2d 383,
180 N.W.2d 567.
814.036
814.036
Omnibus costs provision. If a situation arises in which the allowance of costs is not covered by
ss. 814.01 to
814.035, the allowance shall be in the discretion of the court.
814.036 History
History: Sup. Ct. Order,
67 Wis. 2d 585, 761, 780 (1975); Stats. 1975 s. 814.036.
814.036 Annotation
A prevailing plaintiff in s habeas corpus proceeding may not be awarded costs. State ex rel. Korne v. Wolke,
79 Wis. 2d 22,
255 N.W.2d 446.
814.036 Annotation
Circuit courts have authority to impose costs on an attorney whose actions have resulted in a mistrial. Schulz v. Darlington Mut. Ins.
181 Wis. 2d 646,
511 N.W.2d 879 (1994).
814.036 Annotation
Photocopy and facsimile expenses may be taxed under 814.036. Wausau Medical Center v. Asplund,
182 Wis. 2d 274,
514 N.W.2d 34 (Ct. App. 1994).
814.036 Annotation
This section only gives a court discretion as to when it may allow costs and not as to what costs may be allowed. Neither s. 814.02 or s. 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).
814.04
814.04
Items of costs. Except as provided in
ss. 93.20,
100.30 (5m),
106.50 (6) (i) and
(6m) (a),
115.80 (9),
769.313,
814.025,
814.245,
895.035 (4),
895.10 (3),
895.75 (3),
895.77 (2),
895.79 (3),
895.80 (3),
943.212 (2) (b),
943.245 (2) (d) and
943.51 (2) (b), when allowed costs shall be as follows:
814.04 Note
NOTE: Section 814.04 (intro.) is shown as affected by two acts of the 1999 legislature and as merged by the revisor under s. 13.93 (2) (c).
814.04(1)(a)(a) When the amount recovered or the value of the property involved is $1,000 or over, attorney fees shall be $100; when it is less than $1,000 and is $500 or over, $50; when it is less than $500 and is $200 or over, $25; and when it is less than $200, $15.
