814.33814.33 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 HistoryHistory: Sup. Ct. Order, 67 Wis. 2d 585, 761, 780 (1975); Stats. 1975 s. 814.33; 1993 a. 486. 814.34814.34 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 HistoryHistory: Sup. Ct. Order, 67 Wis. 2d 585, 761, 781 (1975); Stats. 1975 s. 814.34; 1993 a. 486. 814.46814.46 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 HistoryHistory: Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 814.46; 1993 a. 486. 814.47814.47 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 HistoryHistory: Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 814.47.
814.48814.48 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 HistoryHistory: Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 814.48; 1993 a. 486. 814.49814.49 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 HistoryHistory: 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 noteJudicial 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]
814.51814.51 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 HistoryHistory: 1971 c. 297; Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 814.51; 1977 c. 318. 814.51 AnnotationThis 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 AnnotationAn 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 this section. State v. Foster, 100 Wis. 2d 103, 301 N.W.2d 192 (1981). 814.51 AnnotationCircuit 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). 814.51 AnnotationAs a matter of sound grammar, the phrase “either the plaintiff or defendant” necessarily refers to both civil and criminal actions as “civil” and “criminal” are set forth in the disjunctive and modify the clauses that follow. Thus, circuit courts are authorized to impose jury fees in any criminal action or proceeding against either the plaintiff or defendant. If the state were not the plaintiff in criminal cases, the statute’s provision that the circuit court may assess jury fees against either party in a criminal case would be rendered a nullity. State v. Circuit Court for Monroe County, 2007 WI App 36, 300 Wis. 2d 447, 730 N.W.2d 421, 06-0139. 814.52(1)(1) If a law enforcement agency requests a ferry provider to operate beyond its usual hours of operation to transport an arrested person to a jail or other facility, the law enforcement agency shall be reimbursed for the costs it incurs to pay for the ferry transport pursuant to sub. (2). 814.52(2)(2) In any civil or criminal action or proceeding, if a circuit court enters a judgment against a defendant who was the subject of a ferry transport described in sub. (1), the clerk of circuit court shall collect costs in an amount equal to the costs incurred by a law enforcement agency under sub. (1). When judgment is entered against the defendant, the defendant shall pay the costs and the clerk of circuit court shall pay the law enforcement agency that requested the transport. 814.52 HistoryHistory: 2009 a. 72. 814.54814.54 Use of fees and surcharges retained by a county. Unless otherwise required by law, any portion of the fees and surcharges collected by the clerk of circuit court under this subchapter [chapter] that are retained for use by the county shall be used to support court services in that county. 814.54 NoteNOTE: The correct cross-reference is shown in brackets. Corrective legislation is pending.
814.54 HistoryHistory: 2025 a. 179. COURT FEES
814.59814.59 Definition. In this subchapter, “federal mileage rate” means the business standard mileage rate for the year as determined under 26 CFR 1.274-5 (j) (2). 814.59 HistoryHistory: 2025 a. 179. 814.595814.595 Fee adjustment reports. 814.595(1)(a)(a) “Base year” means the year immediately preceding the year in which a fee or surcharge specified in par. (c) was first established or, if the fee amount increased or decreased after the fee or surcharge was first established, the year immediately preceding the year in which the fee amount was last adjusted. 814.595(1)(b)(b) “Consumer price index” means the average of the consumer price index over each 12-month period, all items, U.S. city average, as determined by the bureau of labor statistics of the U.S. department of labor. 814.595(1)(c)(c) “Fee amount” means the amount of a fee or surcharge under ss. 814.60 (1), 814.61 (1) (a) and (b), (3), (4), (5) (am), (6), (7) (a) and (b), (8) (am) 1. and 2., (9), (11), (12) (a) 1. and (c), and (13) to (14), 814.615 (1) (a) 2. and 3., 814.62 (1), (2), (3) (a), and (4), 814.63 (1) (b) and (2), 814.65 (1), 814.66 (1) (a) 2., (b) 2., (c), (e) to (g), and (i) to (o) and (3), 814.67 (1) (a) 1. and 2., (am), (b) 1., and (bg), 814.68 (1) (a) and (2), 814.70 (1), (2), (3) (b), (7), (8), (9) (a), and (12), 814.72, 814.85 (1) (c), and 814.86 (1) for which a dollar amount is specified. 814.595(2)(2) Reports. Beginning in 2032, and in every 3rd fiscal biennium thereafter, no later than the last day for agencies to submit budget requests under s. 16.42 (1), the director of state courts shall submit to the department of administration, the governor, the legislative fiscal bureau, and the legislature, under s. 13.172 (2), a report that includes a calculation of the fee amount of each fee or surcharge specified in sub. (1) (c) if the fee amount were increased by the percentage difference between the consumer price index for the 12-month period ending on December 31 of the preceding year and the consumer price index for the base year, rounded up to the nearest dollar. 814.595 HistoryHistory: 2025 a. 179. 814.60814.60 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 $201 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 65 percent to the secretary of administration for deposit in the general fund and shall retain the balance for the use of the county. Effective date noteNOTE: Sub. (1) is shown as amended eff. 11-1-26 by 2025 Wis. Act 179. Prior to 11-1-26 it reads: Effective date text(1) In a criminal action, the clerk of circuit court shall collect a fee of $163 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 93.87 percent 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 AnnotationBecause 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), 98-1688. 814.60 AnnotationNeither 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. 814.61814.61 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, $130. Of the fees received by the clerk under this paragraph, the county treasurer shall pay $47 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 $47 to the appropriation under s. 20.680 (2) (j). Effective date noteNOTE: Par. (a) is shown as amended eff. 11-1-26 by 2025 Wis. Act 179. Prior to 11-1-26 it reads: Effective date text(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. 767.001 (1), a fee of $38 to be deposited by the county treasurer in a separate account to be used by the county exclusively for the purposes specified in s. 767.405. Effective date noteNOTE: Par. (b) is shown as amended eff. 11-1-26 by 2025 Wis. Act 179. Prior to 11-1-26 it reads: Effective date text(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. 767.001 (1), 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. 767.405.
814.61(1)(c)1m.1m. An action under s. 767.805 (3) that is brought by the state or its delegate or commenced on behalf of the child by an attorney appointed under s. 767.407. 814.61(1)(c)7.7. An action under s. 165.76 (6) to compel provision of a biological specimen for deoxyribonucleic acid analysis. 814.61(1)(d)(d) No fee charged under this subsection in any action commenced under s. 813.12, 813.122, or 813.123 may be collected from a petitioner under s. 813.12, 813.122, or 813.123. The fee charged under this subsection for petitions filed and granted under s. 813.12, 813.122, or 813.123 shall be collected from the respondent under s. 813.12, 813.122, or 813.123 if he or she is convicted of violating a temporary restraining order or injunction issued under s. 813.12 (3) or (4), 813.122 (4) or (5), or 813.123 (4) or (5). 814.61(1)(e)(e) No fee charged under this subsection in any action commenced under s. 813.125 may be collected from a petitioner under s. 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. 813.125 shall be collected from the respondent under s. 813.125 if he or she is convicted of violating a temporary restraining order or injunction issued under s. 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 $80. The defendant shall pay only one such fee in an action. Of the fees received by the clerk under this subsection, the county treasurer shall pay $26 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 $26 to the appropriation under s. 20.680 (2) (j). Effective date noteNOTE: Sub. (3) is shown as amended eff. 11-1-26 by 2025 Wis. Act 179. Prior to 11-1-26 it reads: Effective date text(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 $17 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. Effective date noteNOTE: Sub. (4) is shown as amended eff. 11-1-26 by 2025 Wis. Act 179. Prior to 11-1-26 it reads: Effective date text(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. 814.61(5)(am)(am) The clerk shall collect a fee of $14 for the following: Effective date noteNOTE: Par. (am) (intro.) is shown as amended eff. 11-1-26 by 2025 Wis. Act 179. Prior to 11-1-26 it reads: Effective date text(am) The clerk shall collect a fee of $5 for the following:
814.61(5)(am)1.1. 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)(am)2.2. 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(5)(bm)(bm) Paragraph (am) does not apply to a judgment rendered in municipal court. 814.61(6)(6) Foreign judgments. On filing a foreign judgment under s. 806.24, $42. Effective date noteNOTE: Sub. (6) is shown as amended eff. 11-1-26 by 2025 Wis. Act 179. Prior to 11-1-26 it reads: Effective date text(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.
