reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 814 - Court costs, fees, and surcharges. › 814.045 - Attorney fees; reasonableness.

814.045
Attorney fees; reasonableness.
(1)
Subject to sub. (2), in any action involving the award of attorney fees that are not governed by s. 814.04 (1) or involving a dispute over the reasonableness of attorney fees, the court shall, in determining whether to award attorney fees and in determining whether the attorney fees are reasonable, consider all of the following:
(a)
The time and labor required by the attorney.
(b)
The novelty and difficulty of the questions involved in the action.
(c)
The skill requisite to perform the legal service properly.
(d)
The likelihood that the acceptance of the particular case precluded other employment by the attorney.
(e)
The fee customarily charged in the locality for similar legal services.
(f)
The amount of damages involved in the action.
(g)
The results obtained in the action.
(h)
The time limitations imposed by the client or by the circumstances of the action.
(i)
The nature and length of the attorney's professional relationship with his or her client.
(j)
The experience, reputation, and ability of the attorney.
(k)
Whether the fee is fixed or contingent.
(L)
The complexity of the case.
(m)
Awards of costs and fees in similar cases.
(n)
The legitimacy or strength of any defenses or affirmative defenses asserted in the action.
(p)
Other factors the court deems important or necessary to consider under the circumstances of the case.
(2)
(a)
In any action in which compensatory damages are awarded, the court shall presume that reasonable attorney fees do not exceed 3 times the amount of the compensatory damages awarded but this presumption may be overcome if the court determines, after considering the factors set forth in sub. (1), that a greater amount is reasonable.
(b)
In any action in which compensatory damages are not awarded but injunctive or declaratory relief, rescission or modification, or specific performance is ordered, reasonable attorney fees shall be determined according to the factors set forth in sub. (1).
(3)
This section does not abrogate the rights of persons to enter into an agreement for attorney fees, and the court shall presume that such an agreement is reasonable.
History:  2011 a. 92.
Determining Reasonable Attorney Fees. Dudley & Colbert. Wis. Law. Oct. 2012.
2023 Wisconsin Statutes & Annotations › Chapter 814 - Court costs, fees, and surcharges. › 814.05 - Bond premium as costs.

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.
History:  1977 c. 339.
Among the “necessary disbursements and fees allowed by law" are those authorized under fee-shifting statutes. Numerous statutes contain fee-shifting provisions, including those relating to consumer protection, frivolous lawsuits, and privacy rights. Kolupar v. Wilde Pontiac Cadillac, Inc., 2007 WI 98, 303 Wis. 2d 258, 735 N.W.2d 93, 05-0935.
2023 Wisconsin Statutes & Annotations › Chapter 814 - Court costs, fees, and surcharges. › 814.07 - Costs on motion.

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.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 814.07; 2003 a. 138.
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.
2023 Wisconsin Statutes & Annotations › Chapter 814 - Court costs, fees, and surcharges. › 814.08 - Costs on appeal from municipal court; certiorari.

814.08
Costs on appeal from municipal court; certiorari.
(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. 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.
(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.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 814.08; 1977 c. 305; 1981 c. 317; 1987 a. 389; 2013 a. 107.
2023 Wisconsin Statutes & Annotations › Chapter 814 - Court costs, fees, and surcharges. › 814.10 - Taxation of costs.

814.10
Taxation of costs.
(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.
(2)
Cost bill, service. All bills of costs shall be itemized and served with the notice of taxation.
(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.
(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.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 814.10; Sup. Ct. Order, 141 Wis. 2d xiii (1987); 1987 a. 403; 1993 a. 486; 1995 a. 224.
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]
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).
2023 Wisconsin Statutes & Annotations › Chapter 814 - Court costs, fees, and surcharges. › 814.11 - Disbursements, how proved.

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.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 814.11.
2023 Wisconsin Statutes & Annotations › Chapter 814 - Court costs, fees, and surcharges. › 814.12 - Costs may be set off.

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.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 814.12.
2023 Wisconsin Statutes & Annotations › Chapter 814 - Court costs, fees, and surcharges. › 814.13 - Referee; court to fix and allow fees.

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.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 814.13; 1977 c. 449.
2023 Wisconsin Statutes & Annotations › Chapter 814 - Court costs, fees, and surcharges. › 814.131 - Taxing costs on compulsory references.

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.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 814.131; 1997 a. 254.
2023 Wisconsin Statutes & Annotations › Chapter 814 - Court costs, fees, and surcharges. › 814.14 - Fiduciary; liability for costs limited; bond premium.

814.14
Fiduciary; liability for costs limited; bond premium.
(1)
(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.
(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.
(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 percent per year on the amount secured by the obligation or the actual amount paid to the company.
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.
2023 Wisconsin Statutes & Annotations › Chapter 814 - Court costs, fees, and surcharges. › 814.15 - Assignee's liability for costs.

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.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 814.15; 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 814 - Court costs, fees, and surcharges. › 814.16 - Settlement, costs on.

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.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 814.16; 1991 a. 39.
2023 Wisconsin Statutes & Annotations › Chapter 814 - Court costs, fees, and surcharges. › 814.19 - Records copied not to be taxed for.

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.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 814.19.
2023 Wisconsin Statutes & Annotations › Chapter 814 - Court costs, fees, and surcharges. › 814.22 - What county to pay costs when venue changed or jury selected for use in another county, taxation, certification.

814.22
What county to pay costs when venue changed or jury selected for use in another county, taxation, certification.
(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:
(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.
(b)
The per diem fees of the petit jurors actually in attendance upon said court.
(c)
The per diem fees of the sheriff, undersheriff and deputies in attendance upon said court.
(d)
All lawful charges for boarding the jury.
(e)
The legal fees of all witnesses in any criminal case or proceedings which are a charge against the county.
(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.
(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.
(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.
(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.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 814.22; 1977 c. 449; 1981 c. 115; 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 814 - Court costs, fees, and surcharges. › 814.23 - Actions by or against county.

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.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 814.23.
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).
2023 Wisconsin Statutes & Annotations › Chapter 814 - Court costs, fees, and surcharges. › 814.24 - Action against city, village or town official, cost.

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.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 814.24; 1993 a. 246; 1997 a. 133.
2023 Wisconsin Statutes & Annotations › Chapter 814 - Court costs, fees, and surcharges. › 814.25 - Costs in actions by prisoners.

814.25
Costs in actions by prisoners.
(1)
In this section:
(a)
“Prisoner" has the meaning given in s. 801.02 (7) (a) 2.
(b)
“Prison or jail conditions" has the meaning given in s. 801.02 (7) (a) 3.
(2)
(a)
Except as provided in par. (b), if a prisoner brings an action or special proceeding related to prison or jail conditions, no costs may be allowed against the state, a state agency or a county, city, village or town, or against any individual defendant when sued in an official capacity.
(b)
Costs are allowable to a prisoner who obtains prospective injunctive relief against an individual defendant when that defendant is sued in an official capacity and to a prisoner who obtains a judgment against a defendant when that defendant is sued in his or her personal capacity. This paragraph does not apply to actions or special proceedings related to prison or jail conditions that seek a remedy available by certiorari.
(3)
If the prevailing party is the state, a state agency or a county, city, village or town or an individual in any action or special proceeding commenced by a prisoner related to prison or jail conditions, the prisoner shall pay the full costs allowed under this chapter. The prisoner shall be required to pay the costs out of any trust fund accounts that he or she holds in the same manner as payment is required for court fees under s. 814.29 (1m) (e).
History:  1997 a. 133.
This section does not violate a prisoner's rights to equal protection of the laws. There is more than one rational basis supporting the legislative creation of different classifications to be considered when costs and fees are awarded. Harr v. Berge, 2004 WI App 105, 273 Wis. 2d 481, 681 N.W.2d 282, 03-2611
2023 Wisconsin Statutes & Annotations › Chapter 814 - Court costs, fees, and surcharges. › 814.27 - Security for costs.

814.27
Security for costs.
Except as provided in s. 655.27 (5) (a) 3., in all cases where it shall appear reasonable and proper the court may require the plaintiff to give sufficient security for such costs as may be awarded against the plaintiff.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 814.27; 1983 a. 158; 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 814 - Court costs, fees, and surcharges. › 814.28 - Security for costs.

814.28
Security for costs.
(1)
Defendant may require. Except as otherwise provided by s. 814.29, the defendant may require the plaintiffs to file security for costs if the plaintiffs are all nonresidents; or are foreign corporations, nonresident personal representatives, guardians, trustees, or receivers; or are trustees or assignees of any debtor; or are imprisoned for crime for terms less than life; or shall take issue upon the answer of the garnishee.
(2)
Order for security. Upon proof by affidavit entitling the defendant to security for costs, the court shall order the plaintiffs to file security for costs in a sum mentioned in the affidavit, not less than $250, within 20 days after the service upon the plaintiffs of a copy of the order requiring the security for costs, and that all proceedings on the part of the plaintiffs be stayed until security is filed.
(3)
Security, how given. Within the time required the plaintiffs shall file with the clerk of the court, and give the defendant notice thereof, an undertaking with sureties, each of whom shall justify, by affidavit, in the sum stated in the undertaking, above liabilities and exemptions, in property in this state, conditioned to pay on demand all costs that may be awarded to the defendant in such action in any court, not exceeding the sum mentioned in such order. Upon failure to file such undertaking the court may, upon motion of the defendant, dismiss the action.
(4)
Deposit in lieu of undertaking. The plaintiffs in lieu of an undertaking under sub. (3) may deposit with the clerk of the court, who shall give a receipt therefor, money equal to the amount specified in the order for security, and give notice of the deposit.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 761, 780 (1975); Stats. 1975 s. 814.28; 1997 a. 254; 1999 a. 85; 2001 a. 102.
2023 Wisconsin Statutes & Annotations › Chapter 814 - Court costs, fees, and surcharges. › 814.33 - Additional security for costs.

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.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 761, 780 (1975); Stats. 1975 s. 814.33; 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 814 - Court costs, fees, and surcharges. › 814.34 - Attorney for plaintiff liable for costs.

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.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 761, 781 (1975); Stats. 1975 s. 814.34; 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 814 - Court costs, fees, and surcharges. › 814.46 - Taxation after settlement.

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.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 814.46; 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 814 - Court costs, fees, and surcharges. › 814.47 - Fees not collectible till taxed.

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.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 814.47.
2023 Wisconsin Statutes & Annotations › Chapter 814 - Court costs, fees, and surcharges. › 814.48 - Duty of officers taxing costs.

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.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 814.48; 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 814 - Court costs, fees, and surcharges. › 814.49 - Costs on dismissal for lack of jurisdiction or stay of proceedings.

814.49
Costs on dismissal for lack of jurisdiction or stay of proceedings.
(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.
(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.
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.
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]
2023 Wisconsin Statutes & Annotations › Chapter 814 - Court costs, fees, and surcharges. › 814.51 - Jury fees; discretion of court.

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.
History:  1971 c. 297; Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 814.51; 1977 c. 318.
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).
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 this section. State v. Foster, 100 Wis. 2d 103, 301 N.W.2d 192 (1981).
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).
As 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.
2023 Wisconsin Statutes & Annotations › Chapter 814 - Court costs, fees, and surcharges. › 814.52 - Transport costs.

814.52
Transport costs.
(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).
(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.
History:  2009 a. 72.
2023 Wisconsin Statutes & Annotations › Chapter 814 - Court costs, fees, and surcharges. › 814.60 - Criminal actions; fees of the clerk of court.

814.60
Criminal actions; fees of the clerk of court.
(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.
(2)
In addition to any fine imposed, a defendant shall pay the costs, fees, and surcharges imposed under this chapter.
History:  1981 c. 317; 1983 a. 27; 1985 a. 36; 1987 a. 27, 339; 1989 a. 64, 107; 1991 a. 39; 1993 a. 16; 1995 a. 224, 227, 448; 1997 a. 27, 248; 1999 a. 9; 2001 a. 16, 56, 103; 2003 a. 33, 139; 2009 a. 100.
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), 98-1688.
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.
2023 Wisconsin Statutes & Annotations › Chapter 814 - Court costs, fees, and surcharges. › 814.615 - Fees for mediation and studies.

814.615
Fees for mediation and studies.
(1)
(a)
Except as provided under sub. (2), for family court services provided under s. 767.405 a county shall collect the following fees:
1.
For the first mediation session conducted upon referral under s. 767.405 (5), no fee.
2.
For all mediation provided after the first session mediation described under subd. 1., a single fee of $200, regardless of the number of mediation sessions held.
3.
For a study under s. 767.405 (14), a fee of $300.
(b)
The county shall determine when and how to collect the fees under par. (a). Subject to sub. (3), the county shall reduce the fees in accordance with the parties' ability to pay or provide the services without payment of the fees if both parties are unable to pay.
(2)
In lieu of the fee under sub. (1) (a) 2. or 3., a county may establish a fee schedule to recover its reasonable costs of providing family court services under s. 767.405. A fee schedule established under this subsection may apply in lieu of the fee under sub. (1) (a) 2. or 3. or both, and shall require no fee for the first mediation session conducted upon referral under s. 767.405 (5); provide for payment for any other services based on the parties' ability to pay; and take into account the fees the county collects under s. 814.61 (1) (b) and (7) (b). Fees shall be based on services actually provided. The county may not collect a single fee applicable without regard to the number of sessions or services provided. Subject to sub. (3), the county shall provide family court services to the parties even if both parties are unable to pay.
(3)
The court or a circuit court commissioner shall direct either or both parties to pay any applicable fee under this section. If either or both parties are unable to pay, the court shall grant a separate judgment for the amount of the fees in favor of the county and against the party or parties responsible for the fees.
(4)
The county treasurer shall deposit fees collected under this section in a separate account for the exclusive purpose of providing mediation services and studies under s. 767.405.
History:  1987 a. 355; 1991 a. 269; 2001 a. 61; 2005 a. 443 ss. 264, 265.
NOTE:  1987 Wis. Act 355 contains explanatory notes.
2023 Wisconsin Statutes & Annotations › Chapter 814 - Court costs, fees, and surcharges. › 814.62 - Fees in garnishment, wage earner and small claims actions.

814.62
Fees in garnishment, wage earner and small claims actions.
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:
(1)
Garnishment actions. The fee for commencing a garnishment action under ch. 812, including actions under s. 799.01 (1) (d) 2., is $20, except that there is no fee for commencing a garnishment action to satisfy an order for victim restitution under s. 973.20 (1r). Of the fees received by the clerk under this subsection, the county treasurer shall pay $12.50 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 $12.50 to the appropriation under s. 20.680 (2) (j).
(2)
Wage earner actions. The fee for commencing wage earner amortization proceedings under s. 128.21 is $10.
(3)
Small claims actions.
(a)
In a small claims action under ch. 799, at the time of issuance of a summons or other process in a proceeding not commenced by a summons, the plaintiff shall pay to the clerk of court a fee of $22.
(b)
If a counterclaim or cross complaint is filed under s. 799.02 (1), the person filing the same shall pay a fee equal to the difference between the fee under s. 814.61 (1) (a) and the fee under par. (a).
(c)
For all other services of the clerk in a small claims action, the clerk shall collect the fees prescribed in s. 814.61.
(d)
2.
Of the fees received by the clerk under par. (a), the county treasurer shall pay $11.80 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 the $11.80 to the appropriation under s. 20.680 (2) (j).
3.
Of the fees received by the clerk under par. (b), the county treasurer shall pay $27.20 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 $10 of the $27.20 to the appropriation under s. 20.680 (2) (j).
(e)
If any party files a demand for a jury trial in any action under ch. 799, the party demanding the jury trial shall pay a fee equal to the difference between the fee under s. 814.61 (1) (a) and the fee under par. (a), in addition to the fee under s. 814.61 (4).
(4)
Mailing fee. For service by mail under s. 799.12, the clerk shall collect $2 for each defendant to cover the expense of mailing. If service by certified mail return receipt requested is required, the clerk shall collect for each defendant $2 plus the cost for the certified mailing, rounded up to the nearest dollar.
History:  1981 c. 317; 1983 a. 27; 1985 a. 29; 1987 a. 208, 399; 1989 a. 31, 359; 1991 a. 39; 1993 a. 16; 1995 a. 27; Sup. Ct. Order No. 95-10, 195 Wis. 2d xv (1996); 2003 a. 33; 2015 a. 355.
2023 Wisconsin Statutes & Annotations › Chapter 814 - Court costs, fees, and surcharges. › 814.64 - Fees on appeal to court of appeals or supreme court.

814.64
Fees on appeal to court of appeals or supreme court.
The fees on appeal to the court of appeals and the supreme court are prescribed in s. 809.25 (2).
History:  1981 c. 317.
2023 Wisconsin Statutes & Annotations › Chapter 814 - Court costs, fees, and surcharges. › 814.67 - Fees of witnesses and interpreters.

814.67
Fees of witnesses and interpreters.
(1)
The fees of witnesses and interpreters shall be as follows:
(a)
For attending before a municipal judge, an arbitrator, or any officer, board or committee:
1.
For witnesses, $5 per day.
2.
For interpreters, $10 per one-half day or such higher fees as the municipality or county board may establish.
(am)
For witnesses attending before a circuit court, $16 per day.
(b)
For attending before the court of appeals or the supreme court:
1.
For witnesses, $16 per day.
2.
For interpreters, a fee determined by the supreme court.
(bg)
For interpreters assisting the state public defender in representing an indigent in preparing for court proceedings, $35 per one-half day.
(c)
1.
For a witness, the rate of 20 cents per mile for either of the following:
a.
Traveling from his or her residence to the place of attendance, and returning by the usually traveled route between such points if his or her residence is within the state.
b.
Traveling from the point where he or she crosses the state boundary to the place of attendance and returning by the usually traveled route between such points if his or her residence is outside the state.
2.
a.
Except as provided in subd. 2. b., for an interpreter, the mileage rate set under s. 20.916 (8) for traveling from his or her residence to the place of attendance and returning by the usually traveled route between such points.
b.
For an interpreter traveling to the place of attendance from his or her place of residence outside the state, the number of miles between the interpreter's residence and the point at which he or she crosses the state boundary for which the interpreter may receive reimbursement under this subdivision may not exceed 100 miles each way, following the usually traveled route between such points.
(2)
A witness or interpreter is entitled to fees only for the time he or she is in actual and necessary attendance as such; and is not entitled to receive pay in more than one action or proceeding for the same attendance or travel on behalf of the same party. A person is not entitled to fees as a witness or interpreter while attending court as an officer or juror. An attorney or counsel in any cause may not be allowed any fee as a witness or interpreter therein.
History:  1981 c. 317; 1987 a. 27; 1995 a. 27; 2001 a. 16; 2009 a. 28; 2013 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 814 - Court costs, fees, and surcharges. › 814.68 - Fees of supplemental court commissioners.

814.68
Fees of supplemental court commissioners.
(1)
Supplemental court commissioners. A supplemental court commissioner appointed under s. 757.675 (1) shall collect the following fees:
(a)
A fee of $1 for each decision, signing or filing of a document or other ministerial act required by law performed by a supplemental court commissioner. This paragraph does not apply to testimonial proceedings or depositions taken before a supplemental court commissioner.
(b)
For the following duties performed by a supplemental court commissioner held in the county courthouse or other court facilities provided by law, reasonable compensation as fixed by the court but not more than the hourly equivalent of the salary of a judge of the court:
1.
Every attendance upon the hearing of any motion for an order which a supplemental court commissioner is authorized to grant and for attendance upon any motion or an official act to be done by the supplemental court commissioner.
2.
Conducting a hearing and deciding on the issuance of a writ of habeas corpus, certiorari, ne exeat and alternate writs of mandamus.
3.
Attendance upon the taking of testimony or examination of witnesses in any matter held outside the county courthouse or other court facilities provided by law, whether acting as a referee or otherwise.
(2)
Supplementary examinations. For attendance upon an examination under ch. 816, a supplemental court commissioner shall collect a fee of $15 to be paid upon the issuance of the order under s. 816.03 (1). The fee shall be returned in any case where it appears by affidavit filed that the order was not served upon the judgment debtor. This fee is the only fee a supplemental court commissioner is entitled to for proceedings under ch. 816.
History:  1981 c. 317; 2001 a. 61.
2023 Wisconsin Statutes & Annotations › Chapter 814 - Court costs, fees, and surcharges. › 814.69 - Fees of court reporters; transcripts.

814.69
Fees of court reporters; transcripts.
(1)
A court reporter shall collect the following fees:
(a)
For a transcript under SCR 71.04, a fee at the rate of $1.50 per 25-line page for the original and 50 cents per 25-line page for the duplicate. Except as provided in s. 967.06 (3), the fee shall be paid by the county treasurer upon the certificate of the clerk of court.
(b)
For a transcript under s. 757.57 (5), a fee from the party requesting the transcript at the rate of $2.25 per 25-line page for the original and 50 cents per 25-line page for each copy. If the request is by the state or any political subdivision thereof, the fees of the reporter shall be at the rates provided in par. (a).
(bm)
If a party requests that a transcript under s. 757.57 (5) be prepared within 7 days after the request and the transcript is not required by supreme court rule or statute to be prepared within that 7-day period, a fee in addition to the fee under par. (b) of 75 cents per 25-line page for the original and 25 cents for each copy. The fee under this paragraph does not apply to a request made by the state or a political subdivision of the state.
(c)
A reporter may make a special charge, pursuant to arrangement with the party requesting the same, for furnishing typewritten transcripts of testimony and proceedings from day to day during the progress of any trial or proceeding.
(d)
For purposes of this section, a page other than the final page of a transcript shall consist of any 25 or more consecutive typewritten lines, double-spaced, on paper not less than 8 1/2 inches in width, with a margin of not more than 1 1/2 inches on the left and five-eighths of an inch on the right, exclusive of lines disclosing page numbering; type shall be standard pica with 10 letters to the inch. Questions and answers shall each begin a new line. Indentations for speakers or paragraphs shall be not more than 15 spaces from the left margin.
History:  1981 c. 317; 1985 a. 29; 1985 a. 332 s. 253; 1995 a. 27; 1997 a. 35, 237; 2001 a. 16; 2007 a. 20.
Counties are not required to provide free copy machine services to court reporters who collect fees under former sub. (2), 1989 stats., for furnishing transcripts to parties. 79 Atty. Gen. 157.
County employees who perform court reporting functions are “court reporters" under this section and may personally retain fees collected hereunder. The county may take the fees into account in setting salary structures. 81 Atty. Gen. 7.
2023 Wisconsin Statutes & Annotations › Chapter 814 - Court costs, fees, and surcharges. › 814.705 - Governing body may establish higher fees.

814.705
Governing body may establish higher fees.
(1)
With respect to fees enumerated in s. 814.70 (1), (2), (3) (a) and (b), (4) (a) and (b), and (8):
(a)
A county board may establish a higher fee for collection by the sheriff.
(b)
A city council may establish a higher fee for collection by the city constable and city police.
(c)
A village board may establish a higher fee for collection by the village marshal and village constable.
(d)
A town board may establish a higher fee for collection by the town constable or town police.
(2)
With respect to sheriff's fees for the sale of real estate under s. 814.70 (9), the county board may establish a higher fee in an amount not to exceed $150.
(3)
With respect to sheriff's fees for the seizure of property or evictions under s. 814.70 (8), the county board may establish a higher fee in an amount not to exceed the actual costs incurred in performing the seizure or eviction.
History:  1987 a. 181; 1993 a. 246; 1997 a. 27; 2003 a. 182.
2023 Wisconsin Statutes & Annotations › Chapter 814 - Court costs, fees, and surcharges. › 814.71 - Fees of city police, constables and village marshals.

814.71
Fees of city police, constables and village marshals.
City police, constables and village marshals shall collect the same fees as those prescribed for sheriffs in s. 814.70 for similar services subject to any modification applicable under s. 814.705.
History:  1981 c. 317; 1987 a. 181.
2023 Wisconsin Statutes & Annotations › Chapter 814 - Court costs, fees, and surcharges. › 814.72 - Fees of appraisers.

814.72
Fees of appraisers.
For appraisals under s. 815.19, each appraiser shall collect a fee of $8, plus $10 per hour. The fee shall be paid by the officer and returned as a disbursement on the writ of attachment or execution.
History:  1981 c. 317.
2023 Wisconsin Statutes & Annotations › Chapter 814 - Court costs, fees, and surcharges. › 814.75 - Court-imposed surcharges.

814.75
Court-imposed surcharges.
The following surcharges shall be imposed by the court, in addition to the fine or forfeiture and costs and fees imposed under this chapter, if applicable:
(1d)
The bisphenol A surcharge under s. 100.335.
(1g)
The commercial fish protection surcharge under s. 29.984.
(1j)
The child pornography surcharge under s. 973.042.
(1m)
The consumer information surcharge under s. 100.261.
(2)
The court support services surcharge under s. 814.85.
(3)
The crime laboratories and drug law enforcement surcharge under s. 165.755.
(5)
The crime victim and witness surcharge under s. 973.045.
(6)
The delinquency victim and witness surcharge under s. 938.34 (8d) (a).
(7)
The deoxyribonucleic acid analysis surcharge under s. 973.046 (1r).
(8)
The domestic abuse surcharge under s. 971.37 (1m) (c) 1. or 973.055.
(8m)
The global positioning system tracking surcharge under s. 971.37 (1m) (c) 1. or 973.057.
(8r)
The crime prevention funding board surcharge under s. 973.0455.
(9)
The driver improvement surcharge under s. 346.655.
(9g)
The safe ride program surcharge under s. 346.657.
(9m)
The ignition interlock surcharge under s. 343.301 (5).
(10)
The drug abuse program improvement surcharge under s. 961.41 (5).
(11)
The drug offender diversion surcharge under s. 973.043.
(12)
The environmental surcharge under s. 299.93.
(12n)
The fishing net removal surcharge under s. 29.991.
(13)
The fishing shelter removal surcharge under s. 29.985.
(13m)
The Great Lakes resource surcharge under s. 29.9905.
(14)
The jail surcharge under s. 302.46 (1).
(15)
The justice information system surcharge under s. 814.86 (1).
(16)
The natural resources surcharge under s. 29.987 or 169.46 (1).
(17)
The natural resources restitution surcharge under s. 29.989 or 169.46 (2).
(18)
The penalty surcharge under s. 757.05.
(19)
The railroad crossing improvement surcharge under s. 346.177, 346.495, or 346.65 (4r).
(20)
The restitution surcharge under s. 973.06 (1) (g) or 973.20 (11) (a).
(21)
The snowmobile registration restitution surcharge under s. 350.115.
(22)
The special prosecution clerks surcharge under s. 814.86 (1m).
(22m)
The supplemental food enforcement surcharge under s. 253.06 (4) (c).
(23)
The truck driver education surcharge under s. 349.04.
(24)
The uninsured employer surcharge under s. 102.85 (4).
(24m)
The work injury supplemental benefit fund surcharge under s. 102.35 (1).
(25)
The weapons surcharge under s. 167.31 (5).
(26)
The wild animal protection surcharge under s. 29.983.
(27)
The wildlife violator compact surcharge under s. 29.99.
History:  2003 a. 139; 2005 a. 25, 172, 282, 288; 2005 a. 433 ss. 11 to 12; 2007 a. 20, 84, 97; 2009 a. 28, 100, 145; 2011 a. 266; 2013 a. 20; 2015 a. 55.