(1) When several actions are brought against parties who might have been joined as defendants and the actions are consolidated under s. 805.05 (1) no costs, other than disbursements, shall be allowed to the plaintiff in excess of what the plaintiff would be entitled to had the plaintiff brought but one action.
814.02.Costs limited, discretionary.
Ch. 814: Court Costs, Fees, and Surcharges · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 814.02 caps a plaintiff’s disbursement-only recovery when several actions that could have been one case are consolidated, and gives courts discretion to award up to $100 in costs in equitable actions and special proceedings, unless a governing contract’s cost terms are found inequitable or unjust.
Full Text of Section 814.02
(2) In equitable actions and special proceedings costs may be allowed or not to any party, in whole or in part, in the discretion of the court, and in any such case the court may award to the successful party such costs (exclusive of disbursements) not exceeding $100, as the court deems reasonable and just, in view of the nature of the case and the work involved. This subsection refers only to such costs and fees as may be taxed by the authority of the statutes, independent of any contract of the parties upon the subject, which contract shall apply unless the court finds that the provisions thereof are inequitable or unjust.
Plain-English Summary
Section 814.02 addresses two situations where the ordinary costs rule needs adjustment. The first covers consolidated actions: when several actions are brought against parties who could have been joined as defendants in one case, and those actions are consolidated under section 805.05 (1), the plaintiff cannot recover costs, other than disbursements, beyond what the plaintiff would have gotten from bringing a single action in the first place.
The second covers equitable actions and special proceedings, where costs are not automatic. There, the court has discretion to allow costs, in whole or in part, to any party, and it may award the successful party up to $100 in costs, exclusive of disbursements, as it considers reasonable given the nature of the case and the work involved. That discretion applies to costs and fees taxable by statute, independent of any contract the parties have on the subject; a contract on costs governs instead, unless the court finds its provisions inequitable or unjust.
Frequently Asked Questions
Can a plaintiff multiply the recovery by filing several actions and then consolidating them?
No. Section 814.02 caps costs, other than disbursements, at what the plaintiff would have recovered from a single action, even if several consolidated actions were brought against joinable defendants.
Are costs automatic in equitable actions and special proceedings?
No. Section 814.02 leaves costs in those cases to the court’s discretion, which may allow or deny them in whole or in part.
How much in discretionary costs can a court award in an equitable action?
Up to $100, exclusive of disbursements, as the court deems reasonable and just given the nature of the case and the work involved.
What happens if the parties already have a contract addressing costs?
The contract governs instead of the court’s statutory discretion, unless the court finds the contract’s cost provisions inequitable or unjust.
Does the consolidation cap in this section limit disbursements too?
No. The cap applies to costs other than disbursements; the section does not limit disbursements the same way.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 761, 780 (1975); Stats. 1975 s. 814.02; 1993 a. 486.
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 consolidated actions costs capequitable action discretionary costs wisconsinspecial proceeding costs wisconsincontract cost provisions inequitable wisconsin