Wisconsin Statutes

Wis. Stat. § 814.036 (2026)

Omnibus costs provision

✓ current as of July 2026

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814.036814.036 Omnibus costs provision. If a situation arises in which the allowance of costs is not covered by ss. 814.01 to 814.035, the allowance shall be in the discretion of the court.

814.036 HistoryHistory: Sup. Ct. Order, 67 Wis. 2d 585, 761, 780 (1975); Stats. 1975 s. 814.036.

814.036 AnnotationA 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).

814.036 AnnotationCircuit courts have authority to impose costs on an attorney whose actions result in a mistrial. Schultz v. Darlington Mutual Insurance Co., 181 Wis. 2d 646, 511 N.W.2d 879 (1994).

814.036 AnnotationPhotocopy and facsimile expenses may be taxed under this section. Wausau Medical Center, S.C. v. Asplund, 182 Wis. 2d 274, 514 N.W.2d 34 (Ct. App. 1994).

814.036 AnnotationThis section only gives a court discretion as to when it may allow costs and not as to what costs may be allowed. Neither this section or s. 814.02 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.

814.036 AnnotationAn award of statutory costs after arbitration is not explicitly authorized by statute and is not within the court’s discretion under this section. Lane v. Williams, 2000 WI App 263, 240 Wis. 2d 255, 621 N.W.2d 922, 00-0852.

814.036 AnnotationKleinke, 202 Wis. 2d 138 (1996), addressed what costs may be taxed when this section or s. 814.04 are relied upon; it did not consider what costs may be recovered as a component of damages in a bad faith claim. As with attorney fees, a prevailing plaintiff may recover, as compensatory damages, all reasonable expenses incurred in litigating the bad faith claim. Allied Processors, Inc. v. Western National Mutual Insurance Co., 2001 WI App 129, 246 Wis. 2d 579, 629 N.W.2d 329, 00-1490.

Notes of Decisions

Cited in 18 cases (1 in the last 5 years), 1991–2021 · leading case: Zintek v. Perchik, 471 N.W.2d 522 (Wis. Ct. App. 1991).

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Zintek v. Perchik, 471 N.W.2d 522 (Wis. Ct. App. 1991). · cites it 6× “Among the costs "allowed by law" are those covered by the omnibus costs statute, sec. 814.036, Stats.: "If a situation arises in which the allowance of costs is not covered by ss.”

Schultz v. Darlington Mut. Ins., 511 N.W.2d 879 (Wis. 1994). · cites it 10× “[1, 2] We begin our analysis of the issues before this court by noting that under sec. 814.036, Stats., [3] the omnibus costs provision, circuit courts have the authority to impose costs on an attorney whose actions have resulted in a mistrial.”

Allied Processors, Inc. v. W. Nat'l Mut. Ins., 2001 WI App 129 (Wis. Ct. App. 2001). · cites it 6× “04(2) together with Wis. Stat. § 814.036 16 and concluded that they grant the trial court complete discretion regarding what costs may be taxed against a party.”

Kleinke v. Farmers Coop. Supply & Shipping, 549 N.W.2d 714 (Wis. 1996). · cites it 6× “04 (2), which grants all necessary costs and dis *149 bursement allowed by law to a prevailing plaintiff, is read together with Wis. Stat. § 814.036 , 3 the omnibus costs provision, they grant a trial judge complete discretion regarding what costs can be taxed against a party.”

Gorton v. Hostak, Henzl & Bichler, S.C., 577 N.W.2d 617 (Wis. 1998). · cites it 4× “After granting a post-trial motion for costs pursuant to Wis. Stat. § 814.036 , 4 the circuit court *499 entered a judgment for the plaintiffs in the amount of $199,885.”

Hometown Bank v. Acuity Ins., 2008 WI App 48 (Wis. Ct. App. 2008). · cites it 7× “We affirm the award of costs as a proper exercise of discretion under Wis. Stat. § 814.036 . BACKGROUND ¶ 2. The facts are straightforward and undisputed.”

Alswager v. Roundy's Inc., 2005 WI App 3 (Wis. Ct. App. 2004). · cites it 7× “Roundy's counters that the transcripts of discovery material provided on disk were "necessary disbursements" within the scope of Wis.”

Lane v. Williams, 2000 WI App 263 (Wis. Ct. App. 2000). · cites it 8× “§ 814.036; (3) the arbitration agreement did allow for an award of costs; and (4) double costs are not available under WlS.”

Forman v. McPherson, 2004 WI App 145 (Wis. Ct. App. 2004). · cites it 2× “Darlington, our supreme court recognized that under Wis. Stat. § 814.036 , "circuit courts have the authority to impose costs on an attorney whose actions have resulted in a mistrial.”

Calaway v. Brown Cnty., 553 N.W.2d 809 (Wis. Ct. App. 1996). · cites it 3× “" Alternatively, the County argues the omnibus costs provision, § 814.036, STATS., 4 which the trial court concluded was the appropriate statute to apply, is a basis upon which the trial court may, in its discretion, award costs.”

Wausau Med. Ctr. v. Asplund, 514 N.W.2d 34 (Wis. Ct. App. 1994). · cites it 2× “Among the costs "allowed by law" are those covered by the omnibus costs statute, sec. 814.036, Stats.: "If a situation arises in which the allowance of costs is not covered by ss.”

Briggs v. Farmers Ins. Exch., 2000 WI App 40 (Wis. Ct. App. 2000). · cites it 4× “8 Briggs alternatively argues that the circuit court had discretionary authority to award costs under Wis. Stat. § 814.036 , which provides for omnibus costs: "If a situation arises in which the allowance of costs is not covered by ss.”

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