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 that he or she is entitled to redress on appeal. Girouard v. Jackson County Circuit Court,
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.
814.29 Annotation
The 45-day deadline for filing a certiorari action under s. 895.735 is tolled once the clerk of court receives a petition for a writ of certiorari and, pursuant to sub. (1m), a request for a fee waiver, affidavit of indigency, and certified copy of the prisoner's trust account statement, provided that the prisoner has authorized the prison to make any appropriate payments toward the filing fees from his or her accounts. State ex rel. Steldt v. McCaughtry, 2000 WI App. 176,
238 Wis. 2d 393,
617 N.W.2d 201.
814.29 Annotation
Sub. (1m) survives constitutional scrutiny. Freezing prisoner trust account statements to pay for the costs of civil litigation initiated by the prisoner is a rational means of conserving state resources and deterring frivolous litigation. Lindell v. Litscher, 2003 WI App 36,
260 Wis. 2d 454,
659 N.W.2d 413,
02-1389.
814.29 Annotation
The phrase "costs and fees" in sub. (1m) includes costs for preparing transcripts. A prisoner may use the funds in a prison release account to pay for the cost of having transcripts prepared. The agency having custody of the prisoner shall follow the procedure under sub. (1m) (e). Akbar v. Kronzer, 2004 WI App 108, ___ Wis. 2d ___,
681 N.W.2d 280,
03-3148.
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 if the parties reach a settlement after selecting a jury and making opening statements. Jacobson v. Avestruz,
81 Wis. 2d 240,
260 N.W.2d 267 (1977).
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 Mutual Insurance 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 secretary of administration 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 pay the costs, fees, and surcharges imposed under this chapter.
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 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 $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(1)(e)
(e) No fee charged under this subsection in any action commenced under
s. 813.122,
813.123, or
813.125 may be collected from a petitioner under
s. 813.122,
813.123, or
813.125 if the petition alleges conduct that is the same as or similar to conduct that is prohibited by
s. 940.32 or that is listed in
s. 813.12 (1) (am) 1. to
6. If no fee is collected under this paragraph, the fee charged under this subsection for petitions filed and granted under
s. 813.122,
813.123, or
813.125 shall be collected from the respondent under
s. 813.122,
813.123, or
813.125 if he or she is convicted of violating a temporary restraining order or injunction issued under
s. 813.122 (4) or
(5),
813.123 (4) or
(5), or
813.125 (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 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 $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 secretary of administration 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. No fee may be collected under this paragraph for filing a petition, motion, or order to show cause for the revision of a judgment or order for legal custody or physical placement 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 25% to the secretary of administration 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 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 $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 secretary of administration 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)(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(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;
1999 a. 9,
71;
2001 a. 109;
2003 a. 33,
165,
327.
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 when 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 the fee.
80 Atty. Gen. 223.
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.
