Wisconsin Statutes
Wis. Stat. § 814.14 (2026)
Fiduciary; liability for costs limited; bond premium
✓ current as of July 2026
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814.14(1)(a)(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.
814.14(1)(b)(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.
814.14(2)(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.
814.14 HistoryHistory: 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.
Notes of Decisions
Cited in 4
cases, 1995–2015 · leading case: Wisconsin Retired Teachers Ass'n v. Employe Trust Funds Bd., 558 N.W.2d 83 (Wis. 1997).
Wisconsin Retired Teachers Ass'n v. Employe Trust Funds Bd., 558 N.W.2d 83 (Wis. 1997). “The court reasoned that because their breach of fiduciary duty rose to the level of mismanagement, the plaintiffs were entitled to attorney fees under Wis. Stat. § 814.14 . 14 *17 ¶ 17. On review, the court of appeals also concluded that Act 27 is unconstitutional.”
Whitehead v. Discover Bank, 118 F. Supp. 3d 1111 (E.D. Wis. 2015). “And unless Peek represented Whitehead at that time, service on Peek would not have complied with Wis. Stat. § 814.14 (2). 4 For this reason, the defendants’ motion to dismiss the plaintiffs’ claims based on lack of proper service of the garnishment forms will be denied.”
Blank v. USAA Prop. & Cas. Ins., 546 N.W.2d 512 (Wis. Ct. App. 1996). “Section 814.14(4), STATS., does not impose interest on the verdict upon the insurer for sums in excess of policy limits.”
Wisconsin Retired Teachers Ass'n v. Employe Trust Funds Bd., 537 N.W.2d 400 (Wis. Ct. App. 1995). “*1024 The trial court also ordered the fiduciary defendants in their official capacities to pay plaintiffs' attorney fees because defendants' breach of fiduciary duties rose to the level of mismanagement under § 814.14, STATS. The trial court stayed the portion of its order…”
— Wis. Stat. § 814.14(2) — 1 case
Whitehead v. Discover Bank, 118 F. Supp. 3d 1111 (E.D. Wis. 2015). “And unless Peek represented Whitehead at that time, service on Peek would not have complied with Wis. Stat. § 814.14 (2). 4 For this reason, the defendants’ motion to dismiss the plaintiffs’ claims based on lack of proper service of the garnishment forms will be denied.”
— Wis. Stat. § 814.14(4) — 1 case
Blank v. USAA Prop. & Cas. Ins., 546 N.W.2d 512 (Wis. Ct. App. 1996). “Section 814.14(4), STATS., does not impose interest on the verdict upon the insurer for sums in excess of policy limits.”
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