Wis. Stat. § 814.04 — WI Code / Chapter 814 / Section 814.04
Items of costs.
Status: in_force

Except as provided in ss. 93.20 , 100.195 (5m) (b) , 100.30 (5m) , 106.50 (6) (i) and (6m) (a) , 115.80 (9) , 767.553 (4) (d) , 769.313 , 802.05 , 814.245 , 895.035 (4) , 895.044 , 895.443 (3) , 895.444 (2) , 895.445 (3) , 895.446 (3) , 895.506 , 943.212 (2) (b) , 943.245 (2) (d) , 943.51 (2) (b) , and 995.10 (3) , when allowed costs shall be as follows:

(1) Attorney fees.

(a) When the amount recovered or the value of the property involved is greater than the maximum amount specified in s. 799.01 (1) (d) , attorney fees shall be $500; when it is equal to or less than the maximum amount specified in s. 799.01 (1) (d) , but is $1,000 or more, attorney fees shall be $300; when it is less than $1,000, attorney fees shall be $100. In all other cases in which there is no amount recovered or that do not involve property, attorney fees shall be $300.

(c) No attorney fees may be taxed on behalf of any party unless the party appears by an attorney other than himself or herself.

(2) Disbursements. All the necessary disbursements and fees allowed by law; the compensation of referees; a reasonable disbursement for the service of process or other papers in an action when the same are served by a person authorized by law other than an officer, but the item may not exceed the authorized sheriff’s fee for the same service; amounts actually paid out for certified and other copies of papers and records in any public office; postage, photocopying, telephoning, electronic communications, facsimile transmissions, and express or overnight delivery; the electronic filing fee prescribed in s. 801.18 (7) (c) ; depositions including copies; plats and photographs, not exceeding $100 for each item; an expert witness fee not exceeding $300 for each expert who testifies, exclusive of the standard witness fee and mileage which shall also be taxed for each expert; and in actions relating to or affecting the title to lands, the cost of procuring an abstract of title to the lands. Guardian ad litem fees shall not be taxed as a cost or disbursement.

(4) Interest on verdict. Except as provided in s. 807.01 (4) , if the judgment is for the recovery of money, interest at an annual rate equal to 1 percent plus the prime rate in effect on January 1 of the year in which the judgment is entered if the judgment is entered on or before June 30 of that year or in effect on July 1 of the year in which the judgment is entered if the judgment is entered after June 30 of that year, as reported by the federal reserve board in federal reserve statistical release H. 15, on the amount of the money judgment from the time of verdict, decision, or report until judgment is entered shall be computed by the clerk and added to the costs.

(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.

(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.

(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 percent of such recovery, and not to exceed $500.

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 ; 2007 a. 96 ; 2009 a. 20 ; 2011 a. 2 , 69 , 118 , 219 ; 2013 a. 165 ; Sup. Ct. Order No. 20-07 , 2021 WI 37, 397 Wis. 2d xiii.