Any party entitled to recover costs or disbursements in an action or special proceeding may include in such disbursements the lawful premium paid to an authorized insurer for a suretyship obligation.
814.05.Bond premium as costs.
Ch. 814: Court Costs, Fees, and Surcharges · Last amended 1977 · Last verified July 15, 2026
In one sentenceSection 814.05 lets a party entitled to recover costs or disbursements include, as part of those disbursements, the premium paid to an authorized insurer for a bond or other suretyship obligation.
Full Text of Section 814.05
Plain-English Summary
Litigation sometimes requires a party to post a bond, and section 814.05 recognizes the premium for that bond as a real litigation expense. Any party entitled to recover costs or disbursements in an action or special proceeding may include, among those disbursements, the lawful premium paid to an authorized insurer for a suretyship obligation.
This works alongside the disbursements described in section 814.04 (2), adding the bond premium to the kinds of out-of-pocket litigation expenses a prevailing party can recover, rather than leaving that cost to fall entirely on the party who had to post the bond.
Frequently Asked Questions
Can a party recover the cost of a bond premium as part of litigation costs?
Yes. Section 814.05 lets a party entitled to costs or disbursements include the lawful premium paid to an authorized insurer for a suretyship obligation.
What kind of bond premium qualifies under this section?
The premium for a suretyship obligation, paid to an authorized insurer, in connection with the action or special proceeding.
Does the insurer providing the bond need to be an authorized insurer?
Yes. Section 814.05 specifies the premium must be paid to an authorized insurer.
Is a bond premium treated as a cost or as a disbursement?
Section 814.05 treats it as a disbursement, which the party may include among the disbursements recoverable as part of costs.
Does this section apply to any party who prevails, or only plaintiffs?
It applies to any party entitled to recover costs or disbursements in an action or special proceeding, not just plaintiffs.
Amendment History
History: 1977 c. 339.
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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