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Wis. Stat. § 814.03

Costs to defendant

Applied in 8 court decisions — leading case 217 Wis. 2d 493 - Gorton v. Hostak, Henzl & Bichler, S.C. (1998)

Most recently applied in 355 Wis. 2d 487 - Fouts v. Breezy Point Condominium Ass'n (June 2014)

Sup

How often courts cite this section

199820002010201420
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) If the plaintiff is not entitled to costs under s. 814.01 (1) or (3), the defendant shall be al- 2814.03 COURT COSTS, FEES, AND SURCHARGES lowed costs to be computed on the basis of the demands of the complaint.

(2) Where there are several defendants who are not united in interest and who make separate defenses by separate answers, if the plaintiff recovers against some but not all of such defendants, the court may award costs to any defendant who has judgment in the defendant’s favor.

(3) Notwithstanding subs.

(1) and (2), where the department of health services or a county is joined as a plaintiff pursuant to ss. 49.89 (2) and 803.03 (2)

(a) because of the provision of benefits under subch. IV of ch. 49, the department of health services or the county shall not be liable for costs to any prevailing defendant.

Official source: Wisconsin State Legislature. Reproduced from public-domain Wisconsin statutes; confirm against the official source for the current text. Not legal advice.