In any case in which the defendant, at the time of the commencement of the action, may require security for costs the attorney for the plaintiff shall be liable for such costs not exceeding $100, until security therefor is filed, whether such security shall have been required by the defendant or not; but such attorney is relieved from such liability by filing an undertaking as prescribed by s. 814.28, and giving notice thereof.
814.34.Attorney for plaintiff liable for costs.
Ch. 814: Court Costs, Fees, and Surcharges · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 814.34 makes a plaintiff’s attorney personally liable for up to one hundred dollars in costs, in any case where the defendant could demand security for costs at the outset, until security is filed, unless the attorney is relieved by filing an undertaking and giving notice.
Full Text of Section 814.34
Plain-English Summary
Section 814.34 puts pressure on a plaintiff’s attorney to get security for costs filed promptly, in cases where the defendant would have been entitled to demand it at the time the action was commenced. In that situation, the attorney for the plaintiff is personally liable for costs up to $100 until security is filed — whether or not the defendant made the demand.
That personal exposure is not permanent. The attorney is relieved from the liability by filing an undertaking as section 814.28 prescribes and giving notice of it. Once that happens, the attorney’s personal liability under this section ends, and the case proceeds with the security itself standing in place of the attorney’s exposure.
Frequently Asked Questions
Can a plaintiff’s own attorney be held personally liable for costs?
Yes, in a specific situation. Section 814.34 makes the attorney for the plaintiff liable for costs up to $100, in cases where the defendant could have demanded security for costs at the commencement of the action, until security is filed.
Does the defendant have to demand security for costs before the attorney becomes liable?
No. Section 814.34 imposes the attorney’s liability whether such security shall have been required by the defendant or not, as long as the case is one where the defendant could have demanded it.
How does the attorney get out from under this personal liability?
By filing an undertaking as prescribed by section 814.28 and giving notice of it. Section 814.34 relieves the attorney of liability once that is done.
Is there a dollar cap on the attorney’s liability under this section?
Yes. Section 814.34 caps the attorney’s personal liability for costs at $100.
Does this liability apply to every case the attorney handles, or only certain ones?
Only cases where the defendant, at the time the action commenced, could have required security for costs — the same category of cases section 814.28 addresses.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 761, 781 (1975); Stats. 1975 s. 814.34; 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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