809.25

809.25 Rule (Costs and fees).

809.25(1)

(1) Costs.

809.25(1)(a)

(a) Costs in a civil appeal are allowed as follows unless otherwise ordered by the court:

809.25(1)(a)1.

1. Against the appellant before the court of appeals when the appeal is dismissed or the judgment or order affirmed.

809.25(1)(a)2.

2. Against the respondent before the court of appeals when the judgment or order is reversed.

809.25(1)(a)3.

3. Against the petitioner before the supreme court when the judgment of the court of appeals is affirmed by the supreme court.

809.25(1)(a)5.

5. In all other cases as allowed by the court.

809.25(1)(b)

(b) Allowable costs include:

809.25(1)(b)2.

2. Fees charged by the clerk of the court;

809.25(1)(b)3.

3. Cost of the preparation of the transcript of testimony or for appeal bonds;

809.25(1)(b)4.

4. Fees of the clerk of the trial court for preparation of the record on appeal;

809.25(1)(b)5.

5. Other costs as directed by the court.

809.25(2)

(2) Fees.

809.25(2)(a)

(a) The clerk of the court shall charge the following fees:

809.25(2)(a)1.

1. For filing an appeal, cross-appeal, petition for review, petition to bypass, or other proceeding, $195.

809.25(1)(a)4.

4. Against the respondent before the supreme court when the judgment of the court of appeals is reversed by the supreme court and the costs in the court of appeals are canceled and may be taxed by the supreme court as costs against another party.

809.25(1)(b)1.

1. Cost of printing and assembling the number of copies and briefs and appendices required by the rules, not to exceed the rates generally charged in Dane County, Wisconsin, for offset printing of camera-ready copy and assembling;

809.25(1)(c)

(c) A party seeking to recover costs in the court shall file a statement of the costs within 14 days of the filing of the decision of the court. An opposing party may file, within 11 days after service of the statement, a motion objecting to the statement of costs.

809.25(1)(d)

(d) Costs allowed by the court are taxed by the clerk of the court of appeals irrespective of the filing by a party of a petition for review in the supreme court. In the event of review by the supreme court, costs are taxed by the clerk of the supreme court as set forth in pars. (a) and (b). The clerk of the supreme court shall include in the remittitur the costs allowed in the court. The clerk of circuit court shall enter the judgment for costs in accordance with § 806.16.

809.25(2)(a)2.

2. For making a copy of a record, paper, or opinion of the court and comparing it to the original, 40 cents for each page.

809.25(2)(a)3.

3. For comparing for certification of a copy of a record, entry or paper, when the copy is furnished by the person requesting its certification, 25 cents for each page.

809.25(2)(a)4.

4. For a certificate and seal, $1, except for an attorney’s certificate of good standing, $3.

809.25(2)(b)

(b) The state is exempt from payment of the fees set forth in par. (a) 1. to 4., except that the clerk is not obligated to supply the state with free copies of opinions.

809.25(2)(c)

(c) The clerk of the court of appeals may refuse to file, record, certify, or render any other service without prepayment of the fees established by this section.

809.25(3)

(3) Frivolous appeals.

809.25(3)(a)

(a) If an appeal or cross-appeal is found to be frivolous by the court, the court shall award to the successful party costs, fees, and reasonable attorney fees under this section. A motion for costs, fees, and attorney fees under this subsection shall be filed no later than the filing of the respondent’s brief or, if a cross-appeal is filed, no later than the filing of the cross-respondent’s brief. This subsection does not apply to appeals or cross-appeals under § 809.107, 809.30, or 974.05.

809.25(3)(b)

(b) The costs, fees and attorney fees awarded under para. (a) may be assessed fully against the appellant or cross-appellant or the attorney representing the appellant or cross-appellant or may be assessed so that the appellant or cross-appellant and the attorney each pay a portion of the costs, fees and attorney fees.

809.25(3)(c)

(c) In order to find an appeal or cross-appeal to be frivolous under para. (a), the court must find one or more of the following:

809.25(3)(c)1.

1. The appeal or cross-appeal was filed, used or continued in bad faith, solely for purposes of harassing or maliciously injuring another.

809.25(3)(c)2.

2. The party or the party’s attorney knew, or should have known, that the appeal or cross-appeal was without any reasonable basis in law or equity and could not be supported by a good faith argument for an extension, modification or reversal of existing law.