(1) COSTS. (a) Costs in a civil appeal are allowed as follows unless otherwise ordered by the court: 1. Against the appellant before the court of appeals when the appeal is dismissed or the judgment or order affirmed. 2. Against the respondent before the court of appeals when the judgment or order is reversed. 3. Against the petitioner before the supreme court when the judgment of the court of appeals is affirmed by the supreme court. 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. 5. In all other cases as allowed by the court. (b) Allowable costs include: 1. Cost of printing and assembling the number of copies of briefs and appendices required by the rules to be served by traditional methods, not to exceed the rates generally charged in Dane County, Wisconsin, for offset printing of camera-ready copy and assembling; 2. Fees charged by the clerk of the court; 3. Cost of the preparation of the transcript of testimony or for appeal bonds; 4. Fees of the clerk of the trial court for preparation of the record on appeal; 5. Other costs as directed by the court. (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. (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 s. 806.16.
809.25.Rule (Costs and fees).
Ch. 809: Rules of Appellate Procedure · Last amended 2021 · Last verified July 15, 2026
In one sentenceSection 809.25 sets who owes costs in a Wisconsin appeal depending on the outcome, lists what counts as an allowable cost, fixes the court of appeals’ filing and copying fee schedule, and lets the court award costs, fees, and attorney fees against a party or attorney who pursues a frivolous appeal or cross-appeal.
Full Text of Section 809.25
(2) FEES. (a) The clerk of the court shall charge the following fees: 1. For filing an appeal, cross-appeal, petition for review, petition to bypass, or other proceeding, $195. 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. 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. 4. For a certificate and seal, $1, except for an attorney’s certificate of good standing, $3. (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. (c) The clerk of the court of appeals may refuse to file, record, certify, or render any other service without prepayment or waiver of the fees established by this section.
(3) FRIVOLOUS APPEALS. (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 s. 809.107, 809.30, or 974.05. (b) The costs, fees and attorney fees awarded under par. (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. (c) In order to find an appeal or cross-appeal to be frivolous under par. (a), the court must find one or more of the following: 1. The appeal or cross-appeal was filed, used or continued in bad faith, solely for purposes of harassing or maliciously injuring another. 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.
Official Notes
Judicial Council Committee’s Note, 1978: Most of the provisions of former ss. 251.23 and 251.90 are retained. The major change is to provide that execution for costs in the Court of Appeals is to be had in the trial court in accordance with Rule 806.16 rather than in the Court of Appeals. The Judicial Council did not review the adequacy of the fees and thus made no recommendations on them. It is suggested, however, that many of the fees appear to be out of date and should be revised. This should be done in connection with a general review of fees in all courts. [Re Order effective July 1, 1978]
Judicial Council Committee’s Note, 1979: Sub. (1) (a) and (d), which governs costs that are allowed in an appeal to the Court of Appeals or a review by the Supreme Court, have been amended for purposes of clarification. A provision has been added to clarify that costs are taxed by the clerk in the Court of Appeals irrespective of the filing of a petition for review in the Supreme Court. In the event of review by the Supreme Court, a provision has been added specifically stating that costs are allowed against a petitioner in a case before the Supreme Court when the decision of that court affirms a judgment of the Court of Appeals. An additional clarifying provision has been added allowing costs against a respondent in a case before the Supreme Court when the petitioner before the Supreme Court has achieved reversal of a judgment of the Court of Appeals. The provision further states that the costs that were allowed when the case was originally decided by the Court of Appeals are canceled. [Re Order effective Jan. 1, 1980]
Judicial Council Committee’s Note, 1981: Sub. (2) (a) 1. is amended to correct the reference from a petition to appeal to a petition for review. The supreme court reviews the decisions of the court of appeals. [Re Order effective Jan. 1, 1982]
Judicial Council Note, 2001: The 7-day time limit in sub. (1) (c) was changed to 11 days. Please see the comment to s. 808.07 (6) concerning time limits. [Re Order No. 00-02 effective July 1, 2001]
Plain-English Summary
Section 809.25 sets the default rules for costs in a civil appeal, unless the court orders otherwise. Costs generally follow the loser: they go against the appellant when the court of appeals dismisses the appeal or affirms the judgment, against the respondent when it reverses, and, at the supreme court level, against whichever side loses on further review, with any court of appeals costs canceled and reassignable if the supreme court reverses. Allowable costs cover things like printing and assembling required copies of briefs and appendices, capped at Dane County rates, clerk fees, transcript preparation, appeal-bond costs, and the trial clerk’s fee for preparing the record. A party recovering costs files a statement within 14 days of the decision, and the other side can object by motion within 11 days after that.
The section also sets the court of appeals’ fee schedule directly: $195 to file an appeal, cross-appeal, petition for review, petition to bypass, or other proceeding; 40 cents a page to copy a record, paper, or opinion; 25 cents a page to compare a copy against the original for certification when the requester supplies the copy; and $1 for a certificate and seal, or $3 for an attorney’s certificate of good standing. The state is exempt from these fees, apart from having to pay for copies of opinions, and the clerk can refuse to provide filing, recording, certification, or other services without prepayment or a fee waiver.
Finally, section 809.25 lets the court penalize a frivolous appeal or cross-appeal by awarding the successful party its costs, fees, and reasonable attorney fees, assessed against the losing party, the attorney, or split between them. A motion for that relief has to be filed by the deadline for the responding brief, and the section does not apply at all to appeals under sections 809.107, 809.30, or 974.05. An appeal counts as frivolous only if the court finds it was pursued in bad faith to harass or injure, or that the party or attorney knew, or should have known, it had no reasonable basis in law or equity and no good-faith argument for changing the law.
Frequently Asked Questions
Who has to pay costs when a Wisconsin appeal is dismissed or affirmed?
Costs are allowed against the appellant before the court of appeals when the appeal is dismissed or the judgment or order affirmed, unless the court orders otherwise.
How much does it cost to file an appeal in Wisconsin?
The clerk charges $195 for filing an appeal, cross-appeal, petition for review, petition to bypass, or other proceeding.
How long do I have to file a statement of costs after winning an appeal?
A party seeking to recover costs must file a statement of costs within 14 days of the filing of the decision.
Can I recover attorney fees if the other side’s appeal was frivolous?
Yes, if the court finds the appeal or cross-appeal frivolous, it must award the successful party costs, fees, and reasonable attorney fees, assessed against the losing party, the attorney, or both.
Does the frivolous-appeal cost provision apply to termination of parental rights appeals?
No. Section 809.25(3)(a) states that this subsection does not apply to appeals or cross-appeals under section 809.107, 809.30, or 974.05.
Amendment History
History: Sup. Ct. Order, 83 Wis. 2d xiii (1978); Sup. Ct. Order, 92 Wis. 2d xiii (1979); Sup. Ct. Order, 104 Wis. 2d xi (1981); 1981 c. 316, 317; 1981 c. 390 ss. 220, 252; 1985 a. 29; Sup. Ct. Order, 151 Wis. 2d xvii (1989); 1995 a. 224; 1997 a. 254; 1999 a. 85; Sup. Ct. Order No. 00-02, 2001 WI 39, 242 Wis. 2d xxvii; 2003 a. 33; Sup. Ct. Order No. 20-07, 2021 WI 37, 397 Wis. 2d xiii.
Source & verification. Section text and official notes are
reproduced verbatim from the Wisconsin Statutes, published by the
Wisconsin Legislature (Legislative Reference Bureau). Last verified July 15, 2026.
· Official source
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