If a situation arises in which the allowance of costs is not covered by ss. 814.01 to 814.035, the allowance shall be in the discretion of the court.
814.036.Omnibus costs provision.
Ch. 814: Court Costs, Fees, and Surcharges · Last amended 1975 · Last verified July 15, 2026
In one sentenceSection 814.036 gives the court discretion to allow costs in any situation not already covered by sections 814.01 through 814.035, serving as a catch-all when none of the chapter’s specific costs rules addresses what happened in the case.
Full Text of Section 814.036
Plain-English Summary
Chapter 814's costs provisions cannot anticipate every situation that might arise. Section 814.036 fills that gap: if a situation arises in which the allowance of costs is not covered by sections 814.01 to 814.035, the allowance of costs is left to the discretion of the court.
Because it applies only when no more specific provision governs, this section functions as a catch-all rather than a rule with its own detailed requirements. A litigant in a scenario the earlier sections do not address does not automatically get or lose costs; the outcome depends on how the court exercises its discretion.
Frequently Asked Questions
What does section 814.036 cover that the other costs sections don’t?
Any situation in which the allowance of costs is not covered by sections 814.01 to 814.035.
Who decides costs when no specific rule applies?
The court, exercising discretion, since section 814.036 does not set a fixed formula for these uncovered situations.
Is a costs award automatic under this section?
No. The allowance of costs is left to the court’s discretion rather than being granted as a matter of course.
Which sections does this provision fill gaps for?
Sections 814.01 to 814.035, the specific costs rules that precede it in the chapter.
Why would Wisconsin need a catch-all costs rule at all?
Because the specific costs provisions cannot cover every possible situation, section 814.036 gives courts a discretionary fallback rather than leaving an uncovered scenario without any costs rule.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 761, 780 (1975); Stats. 1975 s. 814.036.
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 omnibus costs provisioncatch all costs rule wisconsindiscretionary costs uncovered situation wisconsingap filler costs statute wisconsin