814.61 Annotation
A domestic abuse petition filed under s. 813.12 (2) in conjunction with or in a pending action affecting the family does not require a separate filing fee.
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 a circuit 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 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 secretary of administration for deposit in the general fund and shall retain the balance for the use of the county. The secretary of administration 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 secretary of administration for deposit in the general fund and shall retain the balance for the use of the county. The secretary of administration 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 secretary of administration for deposit in the general fund and shall retain the balance for the use of the county. The secretary of administration 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(1)(c)
(c) This subsection does not apply to an action for a violation of
s. 101.123 (2) (a),
(am) 1.,
(ar),
(bm),
(br), or
(bv) or
(5), for a first violation of
s. 23.33 (4c) (a) 2.,
30.681 (1) (b) 1.,
346.63 (1) (b), or
350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or for a violation of 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 for an action for a first violation of
s. 23.33 (4c) (a) 2.,
30.681 (1) (b) 1.,
346.63 (1) (b), or
350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or 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, a defendant shall pay the costs, fees, and surcharges imposed under this chapter.
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 secretary of administration for deposit in the general fund and shall retain the balance for the use of the county. The secretary of administration 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;
2001 a. 16;
2003 a. 30,
33,
139,
268,
327.
814.63 Annotation
A municipality must pay the fee imposed under sub. (2) upon the disposition in a circuit court of a forfeiture action for a 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.
814.64
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 for an action for a first violation of
s. 23.33 (4c) (a) 2.,
30.681 (1) (b) 1.,
346.63 (1) (b), or
350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or for a 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 secretary of administration 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 $20 and, if more than $10,000, a fee of 0.2% 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 $20 and, if more than $10,000, a fee of 0.2% of the value of the property, less encumbrances, liens or charges.
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.
814.66(1)(c)
(c) For a certificate terminating a life estate or homestead interest, $3, but the fee shall not be collected if the termination is consolidated with probate or administration proceedings.
814.66(1)(d)
(d) For a certificate or judgment of descent of lands, the same fees shall be charged and collected as are charged in estate proceedings in
par. (a) based upon the valuation of the property passing by the certificate or judgment of descent.
814.66(1)(e)
(e) For filing objections to the probate of a will, $20, except that this fee may be waived by the court when objection is filed by a guardian ad litem or attorney, or attorney-in-fact, for a person in the military service. The court may order a refund of the fee to the objector from the assets of the estate.
814.66(1)(g)
(g) For each certificate issued by the registers in probate or circuit judges, $3.
814.66(1)(h)1.1. Except as provided in
subd. 2., for copies, certified or otherwise, of records or other papers in the custody and charge of registers in probate, or for the comparison and attestation of copies not provided by the registers, $1 per page.
814.66(1)(h)2.
2. 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.
814.66(1)(i)
(i) For filing claims against estates, $3. The $3 fee shall be added on to the amount of the claim and may be recovered as part of the claim.
814.66(1)(j)
(j) 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, $4.
814.66(1)(k)
(k) For receiving a power of attorney for health care instrument for safekeeping, as provided under
s. 155.65 (1), $8.
814.66(1)(m)
(m) For filing a petition under
s. 880.155, whether in a guardianship or temporary guardianship proceeding or to commence an independent action, $60.
814.66(2)
(2) For purposes of determining fees payable under
sub. (1), the following shall apply:
814.66(2)(c)
(c) If survivorship proceedings are pursued independent of probate or administration, a fee shall be collected for each proceeding, and the fee shall not be less than that payable if the proceedings were consolidated.
814.66(2)(d)
(d) Proceedings to administer assets subsequent to entry of final judgment in an estate are subject to fees as separate proceedings. The fees shall not be less than those which would have been chargeable if the assets had been included in the original proceedings.
814.66(2)(f)
(f) Special administrations are subject to filing fees, the fees to be credited upon fees for subsequent general administration or probate.
814.66(3)
(3) The register in probate shall, on the first Monday of each month, pay into the office of the county treasurer all fees collected by him or her and in his or her hands and still unclaimed as of that day. Each county treasurer shall make a report under oath to the secretary of administration on or before the 5th day of January, April, July, and October of all fees received by him or her under
sub. (1) (a) to
(f) up to the first day of each of those months and shall at the same time pay 66.67% of the fees to the secretary of administration for deposit in the general fund. Each county treasurer shall retain the balance of fees received by him or her under this section for the use of the county.
814.66 Annotation
The "fee" under sub. (1) based on the value of the estate is in reality a tax and does not violate the constitution. Treiber v. Knoll,
135 Wis. 2d 58,
398 N.W.2d 756 (1987).
814.66 Annotation
A fee is not collected under sub. (1) (a) upon the filing of the inventory for a testamentary trust. Trust Estate of Rice,
187 Wis. 2d 658,
523 N.W.2d 168 (Ct. App. 1994).
814.67
814.67
Fees of witnesses and interpreters. 814.67(1)
(1) The fees of witnesses and interpreters shall be as follows:
814.67(1)(a)
(a) For attending before a municipal judge, an arbitrator, or any officer, board or committee:
814.67(1)(a)2.
2. For interpreters, $10 per one-half day or such higher fees as the municipality or county board may establish.
814.67(1)(am)
(am) For witnesses attending before a circuit court, $16 per day.
814.67(1)(b)
(b) For attending before the court of appeals or the supreme court:
814.67(1)(b)2.
2. For interpreters, a fee determined by the supreme court.
814.67(1)(bg)
(bg) For interpreters assisting the state public defender in representing an indigent in preparing for court proceedings, $35 per one-half day.
814.67(1)(c)
(c) For traveling, at the rate of 20 cents per mile going and returning from his or her residence if within the state; or, if without the state, from the point where he or she crosses the state boundary to the place of attendance, and returning by the usually traveled route between such points.
814.67(2)
(2) A witness or interpreter is entitled to fees only for the time he or she is in actual and necessary attendance as such; and is not entitled to receive pay in more than one action or proceeding for the same attendance or travel on behalf of the same party. A person is not entitled to fees as a witness or interpreter while attending court as an officer or juror. An attorney or counsel in any cause may not be allowed any fee as a witness or interpreter therein.
