After the trial of any issue by a referee pursuant to a compulsory reference for that purpose his or her fees and expenses shall be fixed by the court in which his or her report has been filed and paid by the state as other circuit court expenses are paid. In all other cases the compensation of referees shall be $3 for each day necessarily occupied with the business of the reference; but the parties may agree in writing upon any other rate of compensation.
814.13.Referee; court to fix and allow fees.
Ch. 814: Court Costs, Fees, and Surcharges · Last amended 1977 · Last verified July 15, 2026
In one sentenceSection 814.13 sets the pay rate for a referee handling a compulsory reference, tying it to the court in cases where the state pays as a circuit court expense and defaulting to three dollars per day of necessary work otherwise, unless the parties agree in writing to a different rate.
Full Text of Section 814.13
Plain-English Summary
When a court orders a compulsory reference, sending an issue in a case to a referee for trial, section 814.13 addresses how that referee gets paid. If the reference is compulsory and the referee’s report gets filed with the court, the court fixes the referee’s fees and expenses, and the state pays them the same way it pays other circuit court expenses.
For every other case, the section sets a default rate: three dollars for each day the referee necessarily spends on the business of the reference. That default only controls if the parties have not agreed otherwise — the section lets the parties fix any other rate of compensation in writing, which then displaces the statutory three-dollar figure.
Frequently Asked Questions
How much does a referee get paid in a compulsory reference in Wisconsin?
If the reference is compulsory and the referee’s report is filed with the court, the court fixes the fees and expenses and the state pays them as other circuit court expenses are paid. In other cases, section 814.13 sets a default of three dollars for each day necessarily occupied with the business of the reference.
Can the parties agree to pay the referee a different rate than the statutory amount?
Yes. Section 814.13 allows the parties to agree in writing upon any other rate of compensation, which controls instead of the default three-dollar-per-day figure.
Who pays the referee’s fees when the reference is compulsory and the report is filed with the court?
The state pays them, in the same manner that other circuit court expenses are paid, according to section 814.13.
What determines whether the three-dollar-per-day rate or the court-fixed rate applies?
Section 814.13 applies the court-fixed, state-paid rate specifically to a compulsory reference where the referee’s report has been filed with the court; the three-dollar default rate applies to other cases involving referee compensation.
Does the referee get paid for every day of the case, or just days spent on the reference?
Only days necessarily occupied with the business of the reference count. Section 814.13 ties the default compensation to time necessarily spent on the referee’s assigned work.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 814.13; 1977 c. 449.
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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