CHAPTER 814
COURT COSTS, FEES, AND SURCHARGES
SUBCHAPTER I
COSTS IN CIVIL ACTIONS AND SPECIAL
PROCEEDINGS
814.01 Costs allowed to plaintiff.
814.02 Costs limited, discretionary.
814.03 Costs to defendant.
814.035 Costs upon counterclaims and cross complaints.
814.036 Omnibus costs provision.
814.045 Attorney fees; reasonableness.
814.05 Bond premium as costs.
814.08 Costs on appeal from municipal court; certiorari.
814.10 Taxation of costs.
814.11 Disbursements, how proved.
814.12 Costs may be set off.
814.13 Referee; court to fix and allow fees.
814.131 Taxing costs on compulsory references.
814.14 Fiduciary; liability for costs limited; bond premium.
814.15 Assignee's liability for costs.
814.16 Settlement, costs on.
814.19 Records copied not to be taxed for.
814.22 What county to pay costs when venue changed or jury selected for use in another county, taxation, certification.
814.23 Actions by or against county.
814.24 Action against city, village or town official, cost.
814.245 Actions by state agencies.
814.25 Costs in actions by prisoners.
814.27 Security for costs.
814.28 Security for costs.
814.29 Security for costs, service and fees for indigents.
814.33 Additional security for costs.
814.34 Attorney for plaintiff liable for costs.
814.46 Taxation after settlement.
814.47 Fees not collectible till taxed.
814.48 Duty of officers taxing costs.
814.49 Costs on dismissal for lack of jurisdiction or stay of proceedings.
814.51 Jury fees; discretion of court.
SUBCHAPTER II
COURT FEES
814.60 Criminal actions; fees of the clerk of court.
814.61 Civil actions; fees of the clerk of court.
814.615 Fees for mediation and studies.
814.62 Fees in garnishment, wage earner and small claims actions.
814.63 Fees in forfeiture actions.
814.64 Fees on appeal to court of appeals or supreme court.
814.65 Fees of the municipal court.
814.66 Fees of register in probate.
814.67 Fees of witnesses and interpreters.
814.68 Fees of supplemental court commissioners.
814.69 Fees of court reporters; transcripts.
814.705 Governing body may establish higher fees.
814.71 Fees of city police, constables and village marshals.
814.72 Fees of appraisers.
SUBCHAPTER III
SURCHARGES
814.75 Court-imposed surcharges.
814.76 Surcharges in criminal actions.
814.77 Surcharges in ch.
23 forfeiture actions.
814.78 Surcharges in ch.
66 forfeiture actions.
814.79 Surcharges in ch.
345 forfeiture actions.
814.80 Surcharges in ch.
778 forfeiture actions.
814.81 Surcharges in ch.
800 forfeiture actions.
814.85 Court support services surcharge.
814.86 Justice information system surcharge and special prosecution clerks surcharge.
COSTS IN CIVIL ACTIONS AND SPECIAL
PROCEEDINGS
814.01
814.01
Costs allowed to plaintiff. 814.01(1)(1)
Except as otherwise provided in this chapter, costs shall be allowed of course to the plaintiff upon a recovery.
814.01(3)
(3) In an action for assault and battery, false imprisonment, libel, slander, malicious prosecution, invasion of privacy or seduction, a plaintiff who recovers less than $50 damages shall recover no more costs than damages.
814.01 History
History: Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 814.01;
1981 c. 317.
814.01 Annotation
This section does not provide for the awarding of costs to a party in an arbitration proceeding. This section requires a litigated court proceeding. Finkenbinder v. State Farm Mutual Insurance Co.,
215 Wis. 2d 145,
572 N.W.2d 501 (Ct. App. 1997),
97-0357.
814.01 Annotation
For purposes of sub. (1), a prevailing plaintiff is a plaintiff who is awarded a recovery in a judgment, not a plaintiff who obtains a recovery as a result of a recovery dispute resolved by a trial. In this case, the circuit court correctly entered a judgment incorporating the parties' stipulations. Regardless of the jury's zero dollar verdict on the question of the plaintiff's pain and suffering resulting from the defendant's negligence, the plaintiff made a “recovery" when the court entered a final judgment that included a recovery in the stipulated amount of $10,052.07. Estate of Radley v. Ives,
2011 WI App 144,
337 Wis. 2d 677,
807 N.W.2d 633,
09-0653.
814.02
814.02
Costs limited, discretionary. 814.02(1)(1)
When several actions are brought against parties who might have been joined as defendants and the actions are consolidated under s.
805.05 (1) no costs, other than disbursements, shall be allowed to the plaintiff in excess of what the plaintiff would be entitled to had the plaintiff brought but one action.
814.02(2)
(2) In equitable actions and special proceedings costs may be allowed or not to any party, in whole or in part, in the discretion of the court, and in any such case the court may award to the successful party such costs (exclusive of disbursements) not exceeding $100, as the court deems reasonable and just, in view of the nature of the case and the work involved. This subsection refers only to such costs and fees as may be taxed by the authority of the statutes, independent of any contract of the parties upon the subject, which contract shall apply unless the court finds that the provisions thereof are inequitable or unjust.
814.02 History
History: Sup. Ct. Order, 67 Wis. 2d 585, 761, 780 (1975); Stats. 1975 s. 814.02;
1993 a. 486.
814.02 Annotation
A stipulation in a note or mortgage to pay certain attorney's fees other than taxable costs will be enforced when the amount stipulated to be paid is reasonable. Lakeshore Commercial Finance Corp. v. Bradford Arms Corp.,
45 Wis. 2d 313,
173 N.W.2d 165 (1970).
814.02 Annotation
Neither this section or s. 814.036 grants the trial court the power to allow costs that are not explicitly authorized by statute. Kleinke v. Farmers Coop. Supply & Shipping,
202 Wis. 2d 138,
549 N.W.2d 714 (1996),
95-0856.
814.02 Annotation
The court exercises its discretion under this section by determining what is a necessary cost. Aspen Services, Inc. v. IT Corp.,
220 Wis. 2d 491,
583 N.W.2d 849 (Ct. App. 1998),
97-0897.
814.02 Annotation
Kleinke instructs that the trial court's discretion is limited to when the court may allow costs and not what costs are allowed. The trial court erred in awarding costs for the transcription of materials on a computer disk that were made for the convenience of the moving party. Transcripts obtained solely for the convenience of counsel are not necessary disbursements under sub. (2) and thus not taxable costs. Alswager v. Roundy's Inc.,
2005 WI App 3,
278 Wis. 2d 598,
692 N.W.2d 333,
03-2274.
814.03
814.03
Costs to defendant. 814.03(1)(1)
If the plaintiff is not entitled to costs under s.
814.01 (1) or
(3), the defendant shall be allowed costs to be computed on the basis of the demands of the complaint.
814.03(2)
(2) Where there are several defendants who are not united in interest and who make separate defenses by separate answers, if the plaintiff recovers against some but not all of such defendants, the court may award costs to any defendant who has judgment in the defendant's favor.
814.03(3)
(3) Notwithstanding subs.
(1) and
(2), where the department of health services or a county is joined as a plaintiff pursuant to ss.
49.89 (2) and
803.03 (2) (a) because of the provision of benefits under subch.
IV of ch. 49, the department of health services or the county shall not be liable for costs to any prevailing defendant.
814.03 History
History: Sup. Ct. Order, 67 Wis. 2d 585, 761, 780 (1975); Stats. 1975 s. 814.03;
1987 a. 345;
1993 a. 486,
496;
1997 a. 27;
1999 a. 9;
2007 a. 20 s.
9121 (6) (a).
