Wisconsin Statutes
Wis. Stat. § 814.01 (2026)
Costs allowed to plaintiff
✓ current as of July 2026
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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 HistoryHistory: Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 814.01; 1981 c. 317.
814.01 AnnotationThis 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 Auto Insurance Co., 215 Wis. 2d 145, 572 N.W.2d 501 (Ct. App. 1997), 97-0357.
814.01 AnnotationFor 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.
Notes of Decisions
Cited in 24
cases (2 in the last 5 years), 1983–2026 · leading case: Gorton v. Hostak, Henzl & Bichler, S.C., 577 N.W.2d 617 (Wis. 1998).
Gorton v. Hostak, Henzl & Bichler, S.C., 577 N.W.2d 617 (Wis. 1998). “04 (8) award of appellate counsel fees when the client suing a trial attorney has already been made more than whole for damages sought in the circuit court proceedings? Finally, we also consider whether multiple partners in a lawsuit on behalf of a partnership may each collect…”
Bostco LLC v. Milwaukee Metro. Sewerage Dist., 2013 WI 78 (Wis. 2013). “01 and created Wis. Stat. § 814.01 , which was identical to current Wis.”
DeWitt Ross & Stevens, S.C. v. Galaxy Gaming & Racing Ltd., 2004 WI 92 (Wis. 2004). “Under Wis. Stat. § 814.01 (1), a prevailing plaintiff is entitled to recover costs.”
First Weber Grp., Inc. v. Synergy Real Est. Grp., LLC, 2015 WI 34 (Wis. 2015). “However, the circuit court denied First Weber's request for costs and reasonable attorney's fees, reasoning that, "[ujnder Wis. Stat. § 814.01 , no costs may be awarded when confirming an arbitration award.”
Finkenbinder v. State Farm Mut. Auto Ins., 572 N.W.2d 501 (Wis. Ct. App. 1997). “We conclude that the relevant statutory authority for awarding costs, § 814.01, Stats., does not apply to a party in an arbitration proceeding, that Finkenbinder never raised the issue of preverdict interest during arbitration and has thereby waived it, and that we are bound by…”
HMO-W INC. v. SSM Health Care Sys., 2003 WI App 137 (Wis. Ct. App. 2003). “§§ 814.01 to 814.04 contain various provisions relating to costs.”
Shanak v. City of Waupaca, 518 N.W.2d 310 (Wis. Ct. App. 1994). “01 was originally enacted as § 814.01, Stats. Laws of 1973, ch. 189, § 16.”
Lane v. Williams, 2000 WI App 263 (Wis. Ct. App. 2000). “§814.01 following an arbitration proceeding; (2) the circuit court had no discretion to award costs under WlS.”
Kolupar v. Wilde Pontiac Cadillac, Inc., 2007 WI 98 (Wis. 2007). “04 (2), a plaintiff is entitled to recover the following costs: a reasonable disbursement for the service of process or other papers in an action; amounts actually paid for copies of records and other papers in a public office; postage, photocopying, telephoning, electronic…”
Zintek v. Perchik, 471 N.W.2d 522 (Wis. Ct. App. 1991). “TAXATION OF COSTS Section 814.01(1), Stats., provides that ” [ejxcept as otherwise provided in this chapter [chapter 814, Court Costs and Fees], costs shall be allowed of course to the plaintiff upon a recovery.”
DeWitt Ross & Stevens, S.C. v. Galaxy Gaming & Racing Ltd. P'ship, 2003 WI App 190 (Wis. Ct. App. 2003). “Wis. Stat. § 814.01 (1); Kleinke v. Farmers Coop.”
Stuart v. Weisflog's Showroom Gallery, Inc., 2006 WI App 109 (Wis. Ct. App. 2006). “03 (2). He argues that not only were his and the Gallery's interests in this lawsuit "clearly distinct," but his interests actually were adverse to his corporation's because an award against him individually would come out of his own pocket.”
— Wis. Stat. § 814.01(1) — 7 cases
Gorton v. Hostak, Henzl & Bichler, S.C., 577 N.W.2d 617 (Wis. 1998). “04 (8) award of appellate counsel fees when the client suing a trial attorney has already been made more than whole for damages sought in the circuit court proceedings? Finally, we also consider whether multiple partners in a lawsuit on behalf of a partnership may each collect…”
Zintek v. Perchik, 471 N.W.2d 522 (Wis. Ct. App. 1991). “TAXATION OF COSTS Section 814.01(1), Stats., provides that ” [ejxcept as otherwise provided in this chapter [chapter 814, Court Costs and Fees], costs shall be allowed of course to the plaintiff upon a recovery.”
DeWitt Ross & Stevens, S.C. v. Galaxy Gaming & Racing Ltd. P'ship, 2003 WI App 190 (Wis. Ct. App. 2003). “Wis. Stat. § 814.01 (1); Kleinke v. Farmers Coop.”
Lane v. Williams, 2000 WI App 263 (Wis. Ct. App. 2000). “§814.01 following an arbitration proceeding; (2) the circuit court had no discretion to award costs under WlS.”
Est. of Radley ex rel. Radley v. Ives, 2011 WI App 144 (Wis. Ct. App. 2011).
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