814.03.Costs to defendant.

Ch. 814: Court Costs, Fees, and Surcharges · Last amended 1975 · Last verified July 15, 2026

In one sentenceSection 814.03 lets a defendant recover costs, computed on the complaint’s demands, whenever the plaintiff isn’t entitled to costs, lets a court award costs to a defendant who prevails even when co-defendants lose, and shields a Medicaid-recovery agency from ever owing costs to a prevailing defendant.

Full Text of Section 814.03

Text sizeJump to: (1) (2) (3)

(1) If the plaintiff is not entitled to costs under s. 814.01 (1) or (3), the defendant shall be al- 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.

Plain-English Summary

Section 814.03 flips the costs rule of section 814.01 around for defendants. If the plaintiff is not entitled to costs under section 814.01 (1) or (3), the defendant is instead allowed costs, computed on the basis of the complaint’s demands.

Where several defendants are not united in interest and file separate answers with separate defenses, and the plaintiff recovers against some but not all of them, the court may award costs to any defendant who has judgment in that defendant’s favor.

The section adds one exception to both of those rules. When the Department of Health Services or a county is joined as a plaintiff under sections 49.89 (2) and 803.03 (2) (a), because of benefits provided under subchapter IV of chapter 49 — Wisconsin’s Medicaid program — the department or county is not liable for costs to any prevailing defendant, regardless of what sections 814.03 (1) and (2) would otherwise allow.

Frequently Asked Questions

When can a defendant recover costs in a Wisconsin civil case?

Whenever the plaintiff is not entitled to costs under section 814.01 (1) or (3), section 814.03 allows the defendant costs instead.

How are a defendant’s costs calculated under this section?

On the basis of the demands of the complaint.

What happens to costs when there are several defendants and the plaintiff only beats some of them?

If the defendants are not united in interest and answer separately, the court may award costs to any defendant who ends up with a judgment in that defendant’s favor.

Is the Department of Health Services ever liable for a defendant’s costs?

No, not when it or a county is joined as a plaintiff under sections 49.89 (2) and 803.03 (2) (a) because of Medicaid benefits provided; section 814.03 (3) shields it from costs liability to any prevailing defendant in that situation.

What triggers the special protection for the department or a county under this section?

Being joined as a plaintiff specifically because of benefits provided under subchapter IV of chapter 49.

Amendment History

History: Sup. Ct. Order, 67 Wis. 2d 585, 761, 780 (1975); Stats. 1975 s. 814.

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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