814.22.What county to pay costs when venue changed or jury selected for use in another county, taxation, certification.

Ch. 814: Court Costs, Fees, and Surcharges · Last amended 1993 · Last verified July 15, 2026

In one sentenceSection 814.22 requires the county where a case was commenced to reimburse the county where it was tried, or where the jury was selected for use elsewhere, for a defined list of expenses arising from the change of venue or jury selection, following a bill, taxation, and notice process.

Full Text of Section 814.22

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

(1) In all proceedings, including criminal actions, if a change of venue is had (except in cases where the change is made because the action was not brought in the proper county), the jury is selected for use in another county under s. 971.225 or an action, occupying a day or more, is tried outside the county wherein pending, the county in which the action was commenced shall pay to the county in which the action is tried or the jury is selected the following expenses arising out of the change of venue or jury selection:

(a) The per diem fees of the clerk or the clerk’s deputies, all the taxable costs, disbursements and fees of such clerk on any proceeding or action.

(b) The per diem fees of the petit jurors actually in attendance upon said court.

(d) All lawful charges for boarding the jury.

(e) The legal fees of all witnesses in any criminal case or proceedings which are a charge against the county.

(f) All charges for subpoenaing witnesses in any criminal case or proceedings and which are a proper charge against the county. The fees of such officers and jurors shall be estimated for each day and part of a day, not less than half a day, occupied in disposing of any such action.

(g) Such other lawful costs, charges, fees, and disbursements which are chargeable to the county, and all lawful costs, disbursements and charges which any such county may be subjected to or may incur in any such action or proceedings.

(2) The clerk shall make out a correct bill of all the expenses which shall accrue under this section and have the bill taxed and allowed by the presiding judge of the court; and when so taxed shall transmit the bill to the county clerk of the county in which the action was commenced. A county order therefor shall issue in favor of the county in which the action or proceedings were had or tried or in which the jury was selected.

(3) If costs are to be taxed against a county under this section, the district attorney of the county where the action or proceeding was tried or in which the jury was selected shall serve upon the district attorney of the county sought to be charged with the expense a copy of the bill of expenses, together with 8 days notice of the time and place the bill will be taxed before the presiding judge of the court. No such bill of expense may be allowed unless the notice is given or is waived in writing.

Plain-English Summary

Section 814.22 covers what happens when a case, including a criminal action, moves to a different county for trial through a change of venue, a jury selected for use in another county under section 971.225, or a trial lasting a day or more that occurs outside the county where the case was pending. In these situations the county where the action was commenced has to pay the county that hosted the trial or jury selection for the expenses that change generated.

Subsection (1) lists those expenses in detail: the clerk’s per diem fees and taxable costs and disbursements, the petit jurors’ per diem fees, the per diem fees of the sheriff and deputies in attendance, the charges for boarding the jury, the legal witness fees chargeable to the county in criminal cases, the charges for subpoenaing witnesses in criminal cases, and any other lawful costs, charges, fees, and disbursements the hosting county incurred or was subjected to.

Subsections (2) and (3) supply the mechanics. The clerk prepares a correct bill of the expenses, the presiding judge taxes and allows it, and the clerk transmits the bill to the county clerk of the county where the action was commenced, so a county order can issue in favor of the county that hosted the trial or jury selection. Before that bill can be allowed, the district attorney of the hosting county must serve the district attorney of the county to be charged with a copy of the bill and eight days’ notice of when and where it will be taxed, unless that notice is waived in writing.

Frequently Asked Questions

Which county pays the costs when a trial is moved to another county on a change of venue?

Section 814.22(1) requires the county where the action was commenced to pay the county where the action was tried, or where the jury was selected, for the expenses that section lists — unless the change was made because the case was not brought in the proper county to begin with.

What kinds of expenses does the originating county have to reimburse?

Section 814.22(1) lists the clerk’s per diem and taxable costs, petit jurors’ per diem, the sheriff and deputies’ per diem, jury boarding charges, legal witness fees and subpoena charges in criminal cases chargeable to the county, and other lawful costs the hosting county incurred.

How does the hosting county collect these expenses from the originating county?

Under section 814.22(2), the clerk prepares a correct bill of the expenses, the presiding judge taxes and allows it, and the clerk transmits it to the county clerk of the originating county, so a county order can issue in the hosting county’s favor.

Does the originating county get notice before this bill of expenses is taxed and allowed?

Yes. Section 814.22(3) requires the hosting county’s district attorney to serve the originating county’s district attorney with a copy of the bill and eight days’ notice of the taxation, and the bill cannot be allowed without that notice unless it is waived in writing.

Does this section apply to criminal cases as well as civil ones?

Yes. Section 814.22(1) expressly covers proceedings including criminal actions where venue is changed, a jury is selected for use in another county under section 971.225, or a trial of a day or more occurs outside the county where the case was pending.

Amendment History

History: Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 814.22; 1977 c. 449; 1981 c. 115; 1993 a. 486.

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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