In all actions by or against a county, and in actions or proceedings by or against county officers in their name of office, costs shall be awarded to the prevailing party as in actions between individuals.
814.23.Actions by or against county.
Ch. 814: Court Costs, Fees, and Surcharges · Last amended 1975 · Last verified July 15, 2026
In one sentenceSection 814.23 puts a county on the same footing as an individual litigant for cost purposes, awarding costs to the prevailing party in actions by or against a county, or by or against county officers acting in their official capacity, exactly as would happen between individuals.
Full Text of Section 814.23
Plain-English Summary
Section 814.23 removes any special cost treatment a county or its officers might otherwise expect. In actions by or against a county, and in actions or proceedings by or against county officers named in their official capacity, costs are awarded to the prevailing party the same way they would be between individual litigants.
By tying county litigation to the ordinary rule, the section keeps a county from claiming immunity from cost awards, or from being treated more favorably than a private party because a governmental entity or its officer is involved. The same cost consequences of winning or losing apply across the board.
Frequently Asked Questions
Can a county be ordered to pay costs the same way a private litigant would?
Yes. Section 814.23 awards costs to the prevailing party in actions by or against a county exactly as would happen in actions between individuals.
Does this rule apply when the case names a county officer instead of the county itself?
Yes, as long as the officer is sued or sues in an official capacity. Section 814.23 extends the same individual-party cost rule to actions or proceedings by or against county officers in their name of office.
Does a county get any special treatment on costs because it is a government entity?
No. Section 814.23’s point is that costs are awarded in county cases as in actions between individuals, without a distinct rule for governmental parties.
Who gets costs if the county loses the case?
The prevailing party — meaning the private litigant who beat the county — collects costs under section 814.23, the same as if the county had been any other losing defendant.
Does section 814.23 cover lawsuits against a county officer sued personally rather than in an official capacity?
The section’s text addresses officers sued or suing in their name of office, meaning their official capacity, rather than personal-capacity claims against a county officer.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 814.23.
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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