814.04(6)
(6) Judgment by default. If the judgment is by default or upon voluntary dismissal by the adverse party the costs taxed under
sub. (1) shall be one-half what they would have been had the matter been contested.
814.04(7)
(7) Judgment offer not accepted. If the offer of judgment pursuant to
s. 807.01 is not accepted and the plaintiff fails to recover a more favorable judgment the plaintiff shall not recover costs but the defendant shall have full costs to be computed on the demand of the complaint.
814.04(8)
(8) Actions for municipal corporations. In all actions brought for the benefit of any county, town, village, city or other municipal corporation of this state by a citizen taxpayer, the plaintiff shall be entitled to recover for the plaintiff's own use, in case the plaintiff shall prevail, the taxable costs of such action and such part of the recovery as the court considers reasonable, as attorney fees, not to exceed 20% of such recovery, and not to exceed $500.
814.04 History
History: Sup. Ct. Order, 50 Wis. 2d vii (1971);
1971 c. 141; Sup. Ct. Order,
67 Wis. 2d 585, 761, 780 (1975); Stats. 1975 s. 814.04;
1977 c. 209;
1979 c. 110 s.
60 (13);
1979 c. 271,
355;
1981 c. 123,
317;
1985 a. 52,
311;
1987 a. 348;
1991 a. 39,
65,
189,
295;
1993 a. 98,
326,
486,
490,
491;
1995 a. 24,
27,
133,
149,
262,
417;
1997 a. 55,
164,
254;
1999 a. 32,
82,
122,
190;
2001 a. 6,
16;
2003 a. 138; Sup. Ct. Order No.
03-06A, 2005 WI 86, 280 Wis. 2d xiii;
2005 a. 155,
325;
2005 a. 443 s.
265;
2005 a. 458; s. 13.93 (2) (c).
814.04 Annotation
Comment of Judicial Council, 1971: Guardian ad litem fees shall not be taxed as a cost or disbursement. Present law permits guardian ad litem fees to be taxed as costs or disbursements. [Re Order effective July 1, 1971]
814.04 Annotation
Fees for an expert witness may be taxed only for the day that the expert testifies, even though the expert was present in court on other days. McLoone Metal Graphics, Inc. v. Robers Dredge, Inc.
58 Wis. 2d 704,
207 N.W.2d 616 (1973).
814.04 Annotation
A citizen who obtains an injunction in an action brought for the benefit of a municipality may not recover attorney fees under sub. (8). Cobb v. Milwaukee County,
60 Wis. 2d 99,
208 N.W.2d 848 (1973).
814.04 Annotation
Sub. (4), being a general statute, does not govern the rate of interest on a jury verdict in a condemnation action, which is covered by ss. 32.05 (11) (b) and 138.04. Weiland v. DOT,
62 Wis. 2d 456,
215 N.W.2d 455 (1974). See also Calaway v. Brown County,
202 Wis. 2d 736,
553 N.W.2d 809 (Ct. App. 1996),
95-2337.
814.04 Annotation
Sub. (2) allows the recovery of costs, not exceeding $50, for each individual plat and photograph. Billingsley v. Zickert,
72 Wis. 2d 156,
240 N.W.2d 375 (1976).
814.04 Annotation
When a plaintiff's damages were set by the first verdict, but the amount the plaintiff could recover was not set until the second verdict, the plaintiff was entitled to interest from the date of the first verdict. Nelson v. Travelers Insurance Co.
102 Wis. 2d 159,
306 N.W.2d 71 (1981).
814.04 Annotation
The court erred by taxing as costs of suit, guardian ad litem and attorney fees as a surcharge or penalty against a former guardian. In Matter of Guardianship & Estate of P.A.H.
115 Wis. 2d 670,
340 N.W.2d 577 (Ct. App. 1983).
814.04 Annotation
The award of attorney fees, disbursements, and interest on a verdict are discussed. Zintek v. Perchik,
163 Wis. 2d 439,
471 N.W.2d 522 (Ct. App. 1991).
814.04 Annotation
Photocopy and facsimile expenses may be taxed under s. 814.036. Wausau Medical Center v. Asplund,
182 Wis. 2d 274,
514 N.W.2d 34 (Ct. App. 1994).
814.04 Annotation
There is no authority for awarding pretrial mediation fees as taxable costs. Kleinke v. Farmers Coop. Supply & Shipping,
202 Wis. 2d 138,
549 N.W.2d 714 (1996),
95-0856.
814.04 Annotation
Postverdict, prejudgment interest on a verdict that was overturned by a judgment notwithstanding the verdict, but was ultimately reinstated on appeal, accrued from the date of the original verdict to the entry of judgment following the completion of the appeal. Management Computer v. Hawkins, Ash, Baptie & Co.
224 Wis. 2d 312,
592 N.W.2d 279 (Ct. App. 1998),
97-2470.
814.04 Annotation
When multiple plaintiffs are required to bring their claims in a single action pursuant to s. 803.03, sub. (2) does not authorize multiple awards for the same disbursement to multiple plaintiffs. Paulson v. Allstate Insurance Company, 2002 WI App 168,
256 Wis. 2d 892,
649 N.W.2d 645,
01-0991.
814.04 Annotation
Photocopies of sworn public documents are not a type of certified copies the cost of which are taxable under sub. (2). Affidavits filed by government workers are not certified copies. Milwaukee Metropolitan Sewerage District v. City of Milwaukee, 2003 WI App 209,
267 Wis. 2d 688,
671 N.W.2d 346,
02-2961. Affirmed on other grounds. 2005 WI 8,
277 Wis. 2d 635,
691 N.W.2d 858,
02-2961.
814.05
814.05
Bond premium as costs. Any party entitled to recover costs or disbursements in an action or special proceeding may include in such disbursements the lawful premium paid to an authorized insurer for a suretyship obligation.
814.05 History
History: 1977 c. 339.
814.05 Annotation
Legislative Council Note, 1977: This provision is currently the 2nd sentence of s. 204.11. It has nothing to do with the law of insurance but deals solely with the proper taxing of costs in legal proceedings. As such it belongs in ch. 814 and is transferred there without change of meaning. The language is very slightly edited. [Bill 258-S]
814.07
814.07
Costs on motion. Costs may be allowed on a motion, in the discretion of the court or judge, not exceeding $300, and may be absolute or directed to abide the event of the action.
814.07 History
History: Sup. Ct. Order,
67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 814.07;
2003 a. 138.
814.07 Annotation
Motion costs on motions brought to open judgments entered on forfeiture actions under s. 345.37 may not be imposed by a blanket order. Discretion must be exercised by the court in each case.
OAG 1-00.
814.08
814.08
Costs on appeal from municipal court; certiorari. 814.08(1)(1) In actions appealed from municipal court, where there is no new trial, if the judgment is affirmed or the appeal dismissed the respondent shall have costs; if reversed, the appellant; if affirmed in part and reversed in part, the court may award the costs or such part thereof as is just to either party. In actions appealed by the defendant from municipal court, where there is no new trial, if the judgment finding the defendant guilty under
s. 800.09 is affirmed, or if the defendant's appeal is dismissed, the defendant shall pay the full costs of the transcript prepared under
s. 800.14 (5), minus the $10 transcript payment under
s. 814.65. Where there is a new trial, costs shall be awarded to the successful party; but if the appeal is from a judgment in favor of the appellant he or she shall have costs only if he or she obtains a more favorable judgment, and otherwise the respondent shall have costs. In all those cases full costs shall be the applicable fee under
s. 814.61 (8) and all disbursements made for return of the judge and officers' and witnesses' fees, together with all costs taxable in the municipal court in the action.
814.08(2)
(2) Upon certiorari to municipal court the same costs shall be awarded to the successful party as provided by
sub. (1), where there is no new trial.
814.08 History
History: Sup. Ct. Order,
67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 814.08;
1977 c. 305;
1981 c. 317;
1987 a. 389.
814.10
814.10
Taxation of costs. 814.10(1)(1)
Clerk's duty, notice, review. The clerk of circuit court shall tax and insert in the judgment and in the judgment and lien docket, if the judgment shall have been entered, on the application of the prevailing party, upon 3 days' notice to the other, the sum of the costs and disbursements as provided in this chapter, verified by affidavit.
814.10(2)
(2) Cost bill, service. All bills of costs shall be itemized and served with the notice of taxation.
814.10(3)
(3) Objections, proofs, adjournment. The party opposing such taxation, or the taxation of any particular item shall file with the clerk a particular statement of the party's objections, and the party may produce proof in support thereof and the clerk may adjourn such taxation, upon cause shown, a reasonable time to enable either party to produce such proof.
814.10(4)
(4) Court review. The clerk shall note on the bill all items disallowed, and all items allowed, to which objections have been made. This action may be reviewed by the court on motion of the party aggrieved made and served within 10 days after taxation. The review shall be founded on the bill of costs and the objections and proof on file in respect to the bill of costs. No objection shall be entertained on review which was not made before the clerk, except to prevent great hardship or manifest injustice. Motions under this subsection may be heard under
s. 807.13.
814.10 History
History: Sup. Ct. Order,
67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 814.10; Sup. Ct. Order, 141 Wis. 2d xxvi;
1987 a. 403;
1993 a. 486;
1995 a. 224.
814.10 Note
Judicial Council Note, 1988: Sub. (4) is amended to allow motions to review costs to be heard by telephone conference. [Re Order effective Jan. 1, 1988]
814.10 Annotation
When a judgement included attorney fees exceeding the statutory limit and the clerk did not tax costs, an objection under sub. (4) was not required to allow consideration of the issue on appeal. Running v. Widdes,
52 Wis. 2d 254,
190 N.W.2d 169 (1971).
814.11
814.11
Disbursements, how proved. Charges in a bill of costs for witness fees, or copies of documents or other disbursements, except to officers for services shall not be taxed without an affidavit stating the distance the witnesses respectively traveled and the days they actually attended, and an affidavit that such copies were necessarily obtained for use; nor shall such other disbursements be allowed without an affidavit specifying the items thereof, nor unless they appear to have been necessary and reasonable in amount.
814.11 History
History: Sup. Ct. Order,
67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 814.11.
814.12
814.12
Costs may be set off. If, in any action, a recovery be had by one party and costs be awarded to the other the court may set off one against the other and render judgment for the balance.
814.12 History
History: Sup. Ct. Order,
67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 814.12.
814.13
814.13
Referee; court to fix and allow fees. After the trial of any issue by a referee pursuant to a compulsory reference for that purpose his or her fees and expenses shall be fixed by the court in which his or her report has been filed and paid by the state as other circuit court expenses are paid. In all other cases the compensation of referees shall be $3 for each day necessarily occupied with the business of the reference; but the parties may agree in writing upon any other rate of compensation.
814.13 History
History: Sup. Ct. Order,
67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 814.13;
1977 c. 449.
814.131
814.131
Taxing costs on compulsory references. In all cases of compulsory reference in which the fees claimed by the referee exceed $50, the fees shall not be allowed until a hearing is had on the fees, upon 10 days' notice to the district attorney of the county, accompanied by a copy of the bill.
814.131 History
History: Sup. Ct. Order,
67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 814.131;
1997 a. 254.
814.14
814.14
Fiduciary; liability for costs limited; bond premium. 814.14(1)(a)(a) Except as provided in
par. (b) or unless otherwise specifically provided in any action or proceeding prosecuted or defended in any court in this state by a personal representative, guardian ad litem, trustee of an express trust, general guardian or person expressly authorized by statute, costs may be recovered as in an action by or against a person prosecuting or defending in the person's own right.
814.14(1)(b)
(b) Except in cases in which the plaintiff or defendant is guilty of mismanagement or bad faith in the action, proceeding, or defense of the action, costs recovered under
par. (a) shall be chargeable only upon or collected from the estate, fund, or party represented. In cases in which the plaintiff or defendant is guilty of mismanagement or bad faith in the action, proceeding, or defense of the action, the court shall direct that the costs recovered under
par. (a) shall be paid by the plaintiff or defendant personally.
814.14(2)
(2) In addition to other costs, all actions or proceedings in which any fiduciary may be entitled to recover costs, the fiduciary may recover any sum that the fiduciary paid to a company, authorized by the laws of this state to act as the fiduciary's surety, for becoming the fiduciary's surety upon any bond or other obligation given by the fiduciary in the fiduciary's representative capacity in the action or proceeding pursuant to law or the order of any court, as may be allowed by the court in which the fiduciary accounts, not exceeding the lesser of 2% per year on the amount secured by the obligation or the actual amount paid to the company.
814.14 History
History: Sup. Ct. Order,
67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 814.14;
1979 c. 110 s.
60 (13);
1993 a. 486;
2001 a. 102.
814.15
814.15
Assignee's liability for costs. In actions in which the cause of action shall, by assignment, after the commencement of the action or in any other manner become the property of a person not a party to the action the person shall be liable for the costs in the same manner as if the person were a party; and payment thereof may be enforced by attachment.
814.15 History
History: Sup. Ct. Order,
67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 814.15;
1993 a. 486.
814.16
814.16
Settlement, costs on. Except as provided in
s. 93.20, upon settlement of an action no greater sum may be demanded for costs than at the rate prescribed in this chapter.
814.16 History
History: Sup. Ct. Order,
67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 814.16;
1991 a. 39.
814.19
814.19
Records copied not to be taxed for. No record, writ, return, pleading, instrument or other writing copied into any proceeding, entry, process or suggestion shall be computed as any part of the draft of such proceeding, entry, process or suggestion.
814.19 History
History: Sup. Ct. Order,
67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 814.19.
814.22
814.22
What county to pay costs when venue changed or jury selected for use in another county, taxation, certification. 814.22(1)(1) In all proceedings, including criminal actions, if a change of venue is had (except in cases where the change is made because the action was not brought in the proper county), the jury is selected for use in another county under
s. 971.225 or an action, occupying a day or more, is tried outside the county wherein pending, the county in which the action was commenced shall pay to the county in which the action is tried or the jury is selected the following expenses arising out of the change of venue or jury selection:
814.22(1)(a)
(a) The per diem fees of the clerk or the clerk's deputies, all the taxable costs, disbursements and fees of such clerk on any proceeding or action.
814.22(1)(b)
(b) The per diem fees of the petit jurors actually in attendance upon said court.
814.22(1)(c)
(c) The per diem fees of the sheriff, undersheriff and deputies in attendance upon said court.
814.22(1)(e)
(e) The legal fees of all witnesses in any criminal case or proceedings which are a charge against the county.
814.22(1)(f)
(f) All charges for subpoenaing witnesses in any criminal case or proceedings and which are a proper charge against the county. The fees of such officers and jurors shall be estimated for each day and part of a day, not less than half a day, occupied in disposing of any such action.
814.22(1)(g)
(g) Such other lawful costs, charges, fees, and disbursements which are chargeable to the county, and all lawful costs, disbursements and charges which any such county may be subjected to or may incur in any such action or proceedings.
814.22(2)
(2) The clerk shall make out a correct bill of all the expenses which shall accrue under this section and have the bill taxed and allowed by the presiding judge of the court; and when so taxed shall transmit the bill to the county clerk of the county in which the action was commenced. A county order therefor shall issue in favor of the county in which the action or proceedings were had or tried or in which the jury was selected.
814.22(3)
(3) If costs are to be taxed against a county under this section, the district attorney of the county where the action or proceeding was tried or in which the jury was selected shall serve upon the district attorney of the county sought to be charged with the expense a copy of the bill of expenses, together with 8 days notice of the time and place the bill will be taxed before the presiding judge of the court. No such bill of expense may be allowed unless the notice is given or is waived in writing.
814.22 History
History: Sup. Ct. Order,
67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 814.22;
1977 c. 449;
1981 c. 115;
1993 a. 486.
814.23
814.23
Actions by or against county. In all actions by or against a county, and in actions or proceedings by or against county officers in their name of office, costs shall be awarded to the prevailing party as in actions between individuals.
814.23 History
History: Sup. Ct. Order,
67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 814.23.
814.23 Annotation
A prevailing plaintiff in a habeas corpus proceeding may not be awarded costs. State ex rel. Korne v. Wolke,
79 Wis. 2d 22,
255 N.W.2d 446 (1977).
814.24
814.24
Action against city, village or town official, cost. Costs, if any, in an action against a city, village or town officer in his or her official capacity, except an action directly involving the title to the office, and except as provided in
s. 814.25, shall not be awarded against that officer, but may be awarded against the city, village or town.
814.24 History
History: Sup. Ct. Order,
67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 814.24;
1993 a. 246;
1997 a. 133.
814.245
814.245
Actions by state agencies. 814.245(1)
(1) The legislature intends that courts in this state, when interpreting this section, be guided by federal case law, as of November 20, 1985, interpreting substantially similar provisions under the federal equal access to justice act,
5 USC 504.
814.245(2)(b)
(b) "Small business" means a business entity, including its affiliates, which is independently owned and operated, and which employs 25 or fewer full-time employees or which has gross annual sales of less than $5,000,000.
814.245(2)(c)
(c) "Small nonprofit corporation" means a nonprofit corporation which employs fewer than 25 full-time employees.
814.245(2)(d)
(d) "State agency" does not include the citizens utility board.
814.245(2)(e)
(e) "Substantially justified" means having a reasonable basis in law and fact.
814.245(3)
(3) Except as provided in
s. 814.25, if an individual, a small nonprofit corporation or a small business is the prevailing party in any action by a state agency or in any proceeding for judicial review under
s. 227.485 (6) and submits a motion for costs under this section, the court shall award costs to the prevailing party, unless the court finds that the state agency was substantially justified in taking its position or that special circumstances exist that would make the award unjust.
814.245(4)
(4) In determining the prevailing party in actions in which more than one issue is contested, the court shall take into account the relative importance of each issue. The court shall provide for partial awards of costs under this section based on determinations made under this subsection.
814.245(5)
(5) If the court awards costs under
sub. (3), the costs shall include all of the following which are applicable:
814.245(5)(a)
(a) The reasonable expenses of expert witnesses, the reasonable cost of any study, analysis, engineering report, test or project which is found by the court to be necessary for the preparation of the case and reasonable attorney or agent fees. The amount of fees awarded under this section shall be based upon prevailing market rates for the kind and quality of the services furnished, except that:
814.245(5)(a)1.
1. No expert witness may be compensated at a rate in excess of the highest rate of compensation for expert witnesses paid by the agency which is the losing party.
814.245(5)(a)2.
2. Attorney or agent fees may not be awarded in excess of $150 per hour unless the court determines that an increase in the cost of living or a special factor, such as the limited availability of qualified attorneys or agents, justifies a higher fee.
814.245(6)
(6) A party seeking an award under this section shall, within 30 days after final judgment in the action, submit to the clerk under
s. 814.10 (1) an itemized application for fees and other expenses, including an itemized statement from any attorney or expert witness representing or appearing on behalf of the party stating the actual time expended and the rate at which fees and other expenses were computed.
Section 814.10 applies for the procedure for taxation of costs, except that the clerk shall allow the state agency 15 working days to respond under
s. 814.10 (3).
