(1) Except as otherwise provided in this section, costs shall be allowed on counterclaims and cross complaints as if separate actions had been brought thereon.
814.035.Costs upon counterclaims and cross complaints.
Ch. 814: Court Costs, Fees, and Surcharges · Last amended 1975 · Last verified July 15, 2026
In one sentenceSection 814.035 treats a counterclaim or cross complaint as its own action for cost purposes, gives the court discretion over costs when the complaint and the counterclaim or cross complaint arise from the same transaction or occurrence, and requires that costs recovered by opposing parties be offset against each other.
Full Text of Section 814.035
(2) When the causes of action stated in the complaint and counterclaim and cross complaint arose out of the same transaction or occurrence, costs in favor of the successful party upon the complaint and counterclaim and cross complaint so arising shall be in the discretion of the court.
(3) Costs recovered by opposing parties shall be offset.
Plain-English Summary
Section 814.035 sets the default rule that costs are allowed on counterclaims and cross complaints as though separate actions had been brought on them, except as the section itself otherwise provides.
That default gives way when the causes of action in the complaint and in the counterclaim or cross complaint arise out of the same transaction or occurrence. In that situation, costs in favor of the successful party on the complaint and the counterclaim or cross complaint together are left to the court’s discretion, rather than being taxed separately as if they were unrelated actions. Whatever costs each opposing party ends up recovering are then offset against each other.
Frequently Asked Questions
Are costs on a counterclaim figured the same way as costs on the original claim?
By default, yes — section 814.035 allows costs on counterclaims and cross complaints as if separate actions had been brought on them.
What happens to costs when the complaint and counterclaim arise from the same incident?
Costs in favor of the successful party on the complaint and on the related counterclaim or cross complaint are left to the court’s discretion instead of being taxed separately.
Does the court have discretion over costs on a same-transaction counterclaim?
Yes. Section 814.035 (2) puts costs on a complaint and a counterclaim or cross complaint arising from the same transaction or occurrence in the court’s discretion.
What does it mean for costs to be offset under this section?
Costs recovered by opposing parties are set against each other, rather than each side collecting its own award in full independent of what the other side recovered.
Does this section apply to cross complaints as well as counterclaims?
Yes, section 814.035 applies to both counterclaims and cross complaints throughout.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 814.035.
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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