814.61 Annotation
Requiring the payment of a jury fee does not violate the right to a trial by jury. County of Portage v. Steinpreis,
104 Wis. 2d 466,
312 N.W.2d 731 (1981).
814.61 Annotation
The trial court has discretion to allow a jury trial where fees under s. 814.61 (4) are not timely paid. Chitwood v. A. O. Smith Harvestore,
170 Wis. 2d 622,
489 N.W.2d 697 (Ct. App. 1992).
814.61 Annotation
Circumstances under which additional fees under sub. (13) are to be paid are discussed.
75 Atty. Gen. 1.
814.61 AnnotationA clerk of court's authority under sub. (12) (b) is discussed.
76 Atty. Gen. 265.
814.61 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 such fee.
80 Atty. Gen. 223.
814.61 Annotation
If a domestic abuse petition is filed under s. 813.12 (2) in conjunction with or in a pending action affecting the family, no separate filing fee is required.
80 Atty. Gen. 231.
814.615
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.
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.
814.63
814.63
Fees in forfeiture actions. 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(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(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 History
History: 1981 c. 317;
1985 a. 36;
1987 a. 27,
399;
1989 a. 22,
31,
64,
97,
107,
359;
1991 a. 26,
39,
130;
1993 a. 16,
167,
313;
1995 a. 27,
227,
349;
1997 a. 27,
248;
1999 a. 9,
72.
814.63 Annotation
A municipality must pay the fee imposed under sub. (2) upon the disposition of a forfeiture action in a court for municipal ordinance violation. The fee may not be passed on to the defendant.
80 Atty. Gen. 151.
814.63 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.
814.634
814.634
Fee for court support services. 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 $9 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).
814.64
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 not less than $15 nor more than $23 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 fee received by the judge under this subsection, the municipal treasurer shall pay monthly $5 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)(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 employee 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 value of the property subject to administration, less encumbrances, liens or charges, is $10,000 or less, a fee of $10 and, if more than $10,000, a fee of 0.1% of the value of the property subject to administration, less encumbrances, liens or charges. The register in probate may not base a fee under this subdivision upon the value of property that is not subject to administration.
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 value of the property, less encumbrances, liens or charges, is $10,000 or less, a fee of $10 and, if more than $10,000, a fee of 0.1% of the value of the property, less encumbrances, liens or charges.
