Wis. Stat. » CHAPTER 814 — COURT COSTS, FEES, AND SURCHARGES
Wisconsin Statutes

Wis. Stat. § 814.02 (2026)

Costs limited, discretionary

✓ current as of July 2026
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814.02814.02 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 HistoryHistory: Sup. Ct. Order, 67 Wis. 2d 585, 761, 780 (1975); Stats. 1975 s. 814.02; 1993 a. 486.
814.02 AnnotationA 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 AnnotationNeither 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 Cooperative Supply & Shipping, 202 Wis. 2d 138, 549 N.W.2d 714 (1996), 95-0856.
814.02 AnnotationThe 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.
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814.02 AnnotationKleinke, 202 Wis. 2d 138 (1996), 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.
Notes of Decisions
Cited in 13 cases, 1980–2014 · leading case: Calaway v. Brown Cnty., 553 N.W.2d 809 (Wis. Ct. App. 1996).
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Calaway v. Brown Cnty., 553 N.W.2d 809 (Wis. Ct. App. 1996). · cites it 10× “We conclude § 814.02(2), Stats., is the appropriate section to apply for several reasons.”
Grand View Windows, Inc. v. Brandt, 2013 WI App 95 (Wis. Ct. App. 2013). · cites it 11× “American Family argued that it was entitled to statutory costs against Brandt pursuant to Wis. Stat. §§814.02 (2), 814.035(2) and 814.”
Hometown Bank v. Acuity Ins., 2008 WI App 48 (Wis. Ct. App. 2008). · cites it 7× “Hometown appeals only the award of costs, contending that garnishment is an equitable action and Wis. Stat. § 814.02 (2) *506 (2005-06) 1 limits fees in equitable actions to $100.”
Allied Processors, Inc. v. W. Nat'l Mut. Ins., 2001 WI App 129 (Wis. Ct. App. 2001). · cites it 2× “nor the catch-all provision in Wis. Stat. § 814.02 grants the trial court the power to allow costs which are not explicitly authorized by statute.”
Kleinke v. Farmers Coop. Supply & Shipping, 549 N.W.2d 714 (Wis. 1996). · cites it 2× “Neither the omnibus cost provision nor the catch-all provision in Wis. Stat. § 814.02 grants the trial court the power to allow costs which are not explicitly authorized by statute.”
Ixonia State Bank v. Schuelke, 491 N.W.2d 772 (Wis. Ct. App. 1992). · cites it 3× “Costs Lastly, the bank appeals the portion of the probate court's decision which awarded costs to Schuelke on her counterclaim.”
Klinefelter v. Dutch, 467 N.W.2d 192 (Wis. Ct. App. 1991). · cites it 2× “Section 814.02(2), Stats., allows costs not exceeding $100 in "equitable actions and special proceedings.”
Leathem Smith Lodge, Inc. v. State, 288 N.W.2d 808 (Wis. 1980). “) It should be noted that the trial court proceeded under sec. 814.02(2), Stats. 1975, and awarded the maximum statutory costs of $100 and disbursements.”
Schmidt v. City of Kenosha, 571 N.W.2d 892 (Wis. Ct. App. 1997). · cites it 4× “This argument must fail because under § 814.02, Stats., costs in equitable actions or special proceedings are awarded at the trial court's discretion and, in any case, may not exceed $100.”
Alswager v. Roundy's Inc., 2005 WI App 3 (Wis. Ct. App. 2004). “*607 § 814.02 grants the trial court the power to allow costs which are not explicitly authorized by statute.”
Fellenz v. Gonring, 335 N.W.2d 884 (Wis. Ct. App. 1983). “2 We also recognize sec. 814.02(2), Stats., which permits taxation of contractual costs and fees in equitable actions unless inequitable or unjust.”
3301 Bay Road LLC ex rel. Collyer v. Town of Delavan, 2014 WI App 18 (Wis. Ct. App. 2014). · cites it 3× “*732 § 814.02 (2). While Wis. Stat. § 814.04 (2) provides that expert witness fees "shall be" allowed for up to $300 for each expert witness who testifies, § 814.”
Show all 13 citing cases →
— Wis. Stat. § 814.02(2) — 10 cases
Calaway v. Brown Cnty., 553 N.W.2d 809 (Wis. Ct. App. 1996). “We conclude § 814.02(2), Stats., is the appropriate section to apply for several reasons.”
Grand View Windows, Inc. v. Brandt, 2013 WI App 95 (Wis. Ct. App. 2013). “American Family argued that it was entitled to statutory costs against Brandt pursuant to Wis. Stat. §§814.02 (2), 814.035(2) and 814.”
Ixonia State Bank v. Schuelke, 491 N.W.2d 772 (Wis. Ct. App. 1992). “Costs Lastly, the bank appeals the portion of the probate court's decision which awarded costs to Schuelke on her counterclaim.”
Klinefelter v. Dutch, 467 N.W.2d 192 (Wis. Ct. App. 1991). “Section 814.02(2), Stats., allows costs not exceeding $100 in "equitable actions and special proceedings.”
Leathem Smith Lodge, Inc. v. State, 288 N.W.2d 808 (Wis. 1980). “) It should be noted that the trial court proceeded under sec. 814.02(2), Stats. 1975, and awarded the maximum statutory costs of $100 and disbursements.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.