(1) Except as otherwise provided in this chapter, costs shall be allowed of course to the plaintiff upon a recovery. (3) In an action for assault and battery, false imprisonment, libel, slander, malicious prosecution, invasion of privacy or seduction, a plaintiff who recovers less than $50 damages shall recover no more costs than damages.
814.01.Costs allowed to plaintiff.
Ch. 814: Court Costs, Fees, and Surcharges · Last amended 1981 · Last verified July 15, 2026
In one sentenceSection 814.01 gives costs to a prevailing plaintiff as a matter of course, except that a plaintiff who recovers less than $50 in an action for assault and battery, false imprisonment, libel, slander, malicious prosecution, invasion of privacy, or seduction cannot recover more in costs than in damages.
Full Text of Section 814.01
Plain-English Summary
Section 814.01 states the baseline rule for who gets costs when a plaintiff wins. Except as this chapter otherwise provides, costs are allowed to the plaintiff as a matter of course upon a recovery — not something the plaintiff must separately persuade the court to award, but a routine consequence of prevailing.
The section then carves out a narrower rule for a specific set of dignitary-type torts: assault and battery, false imprisonment, libel, slander, malicious prosecution, invasion of privacy, and seduction. If a plaintiff in one of those actions recovers less than $50 in damages, the plaintiff cannot recover more in costs than in damages. That keeps a modest, low-value verdict in these categories from being overshadowed by a much larger costs award against the defendant.
Frequently Asked Questions
Does a plaintiff who wins a Wisconsin lawsuit automatically get costs?
Yes, as a matter of course upon a recovery, unless another provision of chapter 814 says otherwise.
Are there exceptions to a plaintiff’s automatic right to costs?
Yes. In an action for assault and battery, false imprisonment, libel, slander, malicious prosecution, invasion of privacy, or seduction, a plaintiff who recovers less than $50 in damages cannot recover more in costs than in damages.
What happens if I win a slander case but only recover $30 in damages?
Section 814.01 caps the costs recoverable at $30, the amount of damages, since slander is one of the listed actions and the recovery is under $50.
Which types of claims trigger the small-recovery costs cap?
Assault and battery, false imprisonment, libel, slander, malicious prosecution, invasion of privacy, and seduction.
Does this section decide who bears costs when the defendant wins instead?
No. Section 814.01 addresses costs allowed to the plaintiff upon a recovery; costs to a prevailing defendant are addressed in section 814.03.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 814.01; 1981 c. 317.
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
Also known as: wisconsin plaintiff costs of coursesmall damages libel slander costs wisconsincosts allowed prevailing plaintiff wisconsindignitary tort damages cap costs wisconsin