814.29(1)(d)3.
3. That the person is otherwise unable, because of poverty, to pay the costs of the action, proceeding or appeal or to give security for those costs. In determining the person's ability under this subdivision to pay or give security for fees and costs, the court shall consider the person's household size, income, expenses, assets and debts and the federal poverty guidelines under
42 USC 9902 (2).
814.29(1m)(b)
(b) If a prisoner makes a request for leave to commence or defend an action, special proceeding, writ of error or appeal without being required to prepay the fees or costs or without being required to give security for costs, the prisoner shall submit all of the following:
814.29(1m)(b)2.
2. A certified copy of the trust fund account statement for the prisoner for the 6-month period immediately preceding the filing of the request for leave to commence or defend an action, special proceeding, writ of error or appeal, or for the period that the prisoner was incarcerated, imprisoned or detained, if that period is less than 6 months. The trust fund account statement must be obtained from the appropriate official at each facility in which the prisoner is or was incarcerated, imprisoned, confined or detained. "Trust fund account statement" includes accounts accessible to the prisoner before or upon release.
814.29(1m)(c)
(c) Except when dismissal is required under
s. 801.02 (7) (d), the court shall issue an order permitting the prisoner to commence or defend an action, special proceeding, writ of error or appeal without the prepayment of fees or costs or without being required to give security for costs if all of the following conditions are met:
814.29(1m)(c)1.
1. The court determines that the prisoner does not have assets or other means by which to pay the fees or costs or to give security for the costs after reviewing the information provided under
par. (b).
814.29(1m)(c)2.
2. The prisoner authorizes in writing the agency having custody of the prisoner's prison trust fund account to forward payments from the prisoner's account to the clerk of court each time the amount in the account exceeds $10 until the fees or costs are paid in full.
814.29(1m)(d)
(d) If the court determines that the prisoner who made the affidavit does have assets in a trust fund account, whether accessible to the prisoner only upon release or before release, the court shall order an initial partial filing fee to be paid from that trust fund account before allowing the prisoner to commence or defend an action, special proceeding, writ of error or appeal. The initial filing fee shall be the current balance of the prisoner's trust fund account or the required filing fee, whichever is less.
814.29(1m)(e)
(e) The agency having custody of the prisoner shall freeze the prisoner's trust fund account until the deposits in that account are sufficient to pay the balance owed for the costs and fees. When the deposits in that account are sufficient to pay the balance owed for the court costs and fees, the agency shall forward that amount to the court. This paragraph does not prohibit the payment from the prisoner's trust fund account of court-ordered payments for child or family support, restitution or federal court fees or for the payments of debts owed to the department of corrections.
814.29(1m)(f)
(f) If the court believes that a prisoner is in imminent danger of serious physical harm, the court shall issue an order permitting the prisoner to commence or defend an action, special proceeding, writ of error or appeal without being required to submit the statement under
par. (b) or prepaying the initial partial filing fee under
par. (d).
814.29(1m)(g)
(g) Except as provided under
par. (f), if a prisoner files an action, special proceeding, writ of error or appeal under this subsection without complying with the requirements under
pars. (b) and
(d), the court shall dismiss the action, special proceeding, writ of error or appeal without prejudice.
814.29(1m)(h)
(h) The custodian of the trust fund account of a prisoner shall provide the prisoner with the certified copy of the trust fund account statement required under
par. (b) if the custodian determines that the prisoner requires that copy for submittal to a court under this subsection.
814.29(2)
(2) The court may dismiss any action or proceeding or may require the payment of, or the giving of security for, costs, fees and service if the court determines that the allegation of poverty is untrue. The court may later require the payment of, or the giving of security for, costs, fees and service if the court determines that the person no longer meets any of the requirements under
sub. (1).
814.29(3)(a)(a) A request for leave to commence or defend an action, proceeding, writ of error or appeal without being required to pay fees or costs or to give security for costs constitutes consent of the affiant and counsel for the affiant that if the judgment is in favor of the affiant the court may order the opposing party to first pay the amount of unpaid fees and costs, including attorney fees under
ss. 802.05,
804.12 (1) (c) and
814.025 and under
42 USC 1988 and to pay the balance to the plaintiff.
814.29(3)(b)
(b) If the affiant is a prisoner, as defined in
s. 801.02 (7) (a) 2., or a person confined in a federal correctional institution located in this state, a request for leave to commence or defend an action, special proceeding, writ of error or appeal without being required to pay fees or costs or to give security for costs constitutes consent as provided in
par. (a), and, if the judgment is in favor of the opposing party, constitutes consent for the court to order the institution to deduct the unpaid fees and costs, including attorney fees listed in
par. (a), from the amount in the inmate's account at any time the account has sufficient money to pay the unpaid fees and costs. This paragraph does not prevent the collection of the unpaid fees and costs by any other method.
814.29 History
History: Sup. Ct. Order,
67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 814.29;
1981 c. 317;
1983 a. 538;
1989 a. 31; Sup. Ct. Order No.
93-15, 179 Wis. 2d xxxi;
1993 a. 490;
1995 a. 27,
201;
1997 a. 133.
814.29 Note
Judicial Council Note, 1993: The amendments to sub. (1) are intended to simplify and make more uniform the procedure for determining when costs and fees for indigent persons should be waived by the court. The form of the affidavit and court finding and order is to be prescribed by the Judicial Conference. To simplify the determination of indigency, detailed financial statements are not necessary if the person is receiving means-tested public assistance or legal services based on indigency. Amended sub. (2) allows the court to require payment of fees if it is later shown that the person is no longer indigent.
814.29 Annotation
The trial judge may refuse approval of an affidavit of indigency where the complaint or affidavit to obtain waiver of costs and fees fails to give notice of a claim upon which relief may be granted. State ex rel. Rilla v. Dodge County Cir. Ct.
76 Wis. 2d 429,
251 N.W.2d 476.
814.29 Annotation
The bond requirement under s. 775.01 in an action against the state may be waived under s. 814.29 (1). Boldt v. State,
101 Wis. 2d 566,
305 N.W.2d 133 (1981).
814.29 Annotation
A judge may waive the fee for a trial transcript at the request of an appealing indigent who has arguable reason to believe he or she is entitled to redress on appeal. Girouard v. Jackson Circuit Ct.
155 Wis. 2d 148,
454 N.W.2d 792 (1990).
814.29 Annotation
In making a Girouard determination, the trial court should specifically consider the litigant's income and assets, expenses, including unusual expenses and the projected cost of the transcript requested. State v. Jacobus,
167 Wis. 2d 230,
481 N.W.2d 642 (Ct. App. 1992).
814.29 Annotation
Whether a proposed petition or complaint states a claim for the purposes of granting fee waiver is determined using the same standard that is applied to motions to dismiss for failure to state a claim under s. 802.06. State ex rel. Luedtke v. Bertrand,
220 Wis. 2d 574,
583 N.W.2d 858 (Ct. App. 1998).
814.29 Annotation
The definition of "prisoner" in s. 801.02 (7) (a) 2. does not include a Wisconsin inmate sent to an out-of-state county jail, and therefore sub. (1), and not sub. (1m), applies to the inmate. State ex rel. Speener v. Gudmanson, 2000 WI 78,
234 Wis. 2d 461,
610 N.W.2d 136.
814.29 Annotation
Sub. (1m) (c), as applied to the petitioner, did not violate the constitutional guarantees of access to the courts or equal protection. State ex rel. Khan v. Sullivan, 2000 WI App 109,
235 Wis. 2d 260,
613 N.W.2d 203.
814.33
814.33
Additional security for costs. If any surety on any undertaking given under
s. 814.28 shall remove from the state or be deemed at any time insufficient the court or presiding judge may require the plaintiff to give a new undertaking, and every person becoming surety thereon shall be liable for all costs, from the commencement of the action, in like manner as if the successor surety had been the original surety.
814.33 History
History: Sup. Ct. Order,
67 Wis. 2d 585, 761, 780 (1975); Stats. 1975 s. 814.33;
1993 a. 486.
814.34
814.34
Attorney for plaintiff liable for costs. In any case in which the defendant, at the time of the commencement of the action, may require security for costs the attorney for the plaintiff shall be liable for such costs not exceeding $100, until security therefor is filed, whether such security shall have been required by the defendant or not; but such attorney is relieved from such liability by filing an undertaking as prescribed by
s. 814.28, and giving notice thereof.
814.34 History
History: Sup. Ct. Order,
67 Wis. 2d 585, 761, 781 (1975); Stats. 1975 s. 814.34;
1993 a. 486.
814.46
814.46
Taxation after settlement. Upon the settlement of an execution by a defendant or upon settling any action or demand the sheriff or attorney claiming any fees which shall not have been taxed shall, upon being required by the defendant and on his or her paying the expenses thereof, have his or her fees taxed by some proper officer authorized to tax costs in the court in which the action may be pending or from which the execution shall have been issued.
814.46 History
History: Sup. Ct. Order,
67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 814.46;
1993 a. 486.
814.47
814.47
Fees not collectible till taxed. No sheriff, attorney or other person shall collect any fees, after having been required as aforesaid to have the same taxed, without such taxation having been made.
814.47 History
History: Sup. Ct. Order,
67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 814.47.
814.48
814.48
Duty of officers taxing costs. Every officer authorized to tax costs in any court for services in any proceeding shall examine the bills presented for taxation, whether such taxation be opposed or not, and must be satisfied that the items charged are correct and legal, and shall strike out all charges for services which, in the officer's judgment, were not necessary.
814.48 History
History: Sup. Ct. Order,
67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 814.48;
1993 a. 486.
814.49
814.49
Costs on dismissal for lack of jurisdiction or stay of proceedings. 814.49(1)
(1)
Costs on dismissal for lack of personal jurisdiction. If on objection of any defendant made pursuant to
s. 802.06 (2) the action is dismissed as to that defendant on the ground that the court lacks jurisdiction over the defendant's person, the court when entering judgment dismissing the action against the defendant may order the plaintiff to pay to the defendant all reasonable actual costs, disbursements and expenses of the action up to the judgment of dismissal, but the amount so recovered can in no case exceed the sum of $500.
814.49(2)
(2) Costs on stay of further proceedings. Whenever any party obtains an order staying further proceedings in the action pursuant to
s. 801.63, the court may award that party all statutory costs and disbursements in the action up to the order for stay.
814.49 History
History: Sup. Ct. Order,
67 Wis. 2d 585, 758, 781 (1975); Stats. 1975 s. 814.49; Sup. Ct. Order, 130 Wis. 2d xix (1986);
1993 a. 486.
Effective date note
Judicial Council Note, 1986: Sub. (2) is amended to give the court discretion to award or deny costs and disbursements when further proceedings are stayed pending trial in another state under s. 801.63. [Re Order eff. 7-1-86]
814.51
814.51
Jury fees; discretion of court. The court shall have discretionary authority in any civil or criminal action or proceeding triable by jury to assess the entire cost of one day's juror fees for a jury, including all mileage costs, against either the plaintiff or defendant or to divide the cost and assess the cost against both plaintiff and defendant, or additional parties plaintiff or defendant, if a jury demand has been made in any case and if a jury demand is later withdrawn within 2 business days prior to the time set by the court for the commencement of the trial. The party assessed shall be required to make payment to the clerk of circuit court within a prescribed period and the payment thereof shall be enforced by contempt proceedings.
814.51 History
History: 1971 c. 297; Sup. Ct. Order,
67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 814.51;
1977 c. 318.
814.51 Annotation
This section is inapplicable where the parties reached settlement after selecting a jury and making opening statements. Jacobson v. Avestruz,
81 Wis. 2d 240,
260 N.W.2d 267.
814.51 Annotation
An accused who cancels a jury trial at the last moment to accept a plea bargain risks both taxation of costs under s. 973.06 and the assessment of jury fees under s. 814.51. State v. Foster,
100 Wis. 2d 103,
301 N.W.2d 192 (1981).
814.51 Annotation
Circuit courts do not have the authority to impose a penalty for cancellation of a jury trial beyond that provided for in this section. Collins v. American Family Mut. Ins. Co.
153 Wis. 2d 477,
451 N.W.2d 429 (1990).
COURT FEES
814.60
814.60
Criminal actions; fees of the clerk of court. 814.60(1)(1) In a criminal action, the clerk of circuit court shall collect a fee of $20 for all necessary filing, entering or recording, to be paid by the defendant when judgment is entered against the defendant. Of the fees received by the clerk of circuit court under this subsection, 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.
814.60(2)
(2) In addition to any fine imposed, a defendant shall be required to pay any applicable:
814.60 Annotation
Because each charged count requires filing, entering and recording that is separate and distinct from other charged counts, sub. (1) permits a separate fee for each count. State v. Carter,
229 Wis. 2d 200,
598 N.W.2d 619 (Ct. App. 1999).
814.60 Annotation
Neither the clerk of court nor the county board has the authority to adopt a nonrefundable processing fee in the absence of a statute specifically providing for the 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),
(d) and
(e), 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),
(d) and
(e), 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:
