(1) COSTS ON DISMISSAL FOR LACK OF PERSONAL JURISDICTION. If on objection of any defendant made pursuant to s. 802.06 (2) the action is dismissed as to that defendant on the ground that the court lacks jurisdiction over the defendant’s person, the court when entering judgment dismissing the action against the defendant may order the plaintiff to pay to the defendant all reasonable actual costs, disbursements and expenses of the action up to the judgment of dismissal, but the amount so recovered can in no case exceed the sum of $500.
814.49.Costs on dismissal for lack of jurisdiction or stay of proceedings.
Ch. 814: Court Costs, Fees, and Surcharges · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 814.49 lets a court award a defendant up to five hundred dollars in actual costs when an action is dismissed against that defendant for lack of personal jurisdiction, and lets a court award full statutory costs to a party who obtains a stay of further proceedings.
Full Text of Section 814.49
Official Notes
Judicial Council Note, 1986: Sub. (2) is amended to give the court discretion to award or deny costs and disbursements when further proceedings are stayed pending trial in another state under s. 801.63. [Re Order eff. 7-1-86]
Plain-English Summary
Section 814.49 addresses costs in two situations where a case does not proceed to a judgment on the merits. Subsection (1) covers dismissal for lack of personal jurisdiction: if a defendant’s objection under section 802.06(2) leads the court to dismiss the action against that defendant because the court lacks jurisdiction over the defendant’s person, the court, when entering the dismissal judgment, may order the plaintiff to pay the defendant all reasonable actual costs, disbursements, and expenses of the action up to that point — capped at $500.
Subsection (2) covers a different scenario: a stay of further proceedings. When a party obtains an order staying further proceedings under section 801.63, the court may award that party all statutory costs and disbursements in the action up to the point of the stay order. Unlike subsection (1), this provision is not tied to a specific dollar cap.
Frequently Asked Questions
Can a defendant recover costs after getting a case dismissed for lack of personal jurisdiction?
Yes, up to a point. Section 814.49(1) lets the court order the plaintiff to pay the defendant’s reasonable actual costs, disbursements, and expenses up to the dismissal, but the amount recoverable cannot exceed $500.
Is there a dollar limit on costs awarded after a dismissal for lack of personal jurisdiction?
Yes. Section 814.49(1) caps the amount recoverable at $500, regardless of the actual costs, disbursements, and expenses incurred.
What costs can a party recover after obtaining a stay of proceedings?
Section 814.49(2) allows the court to award that party all statutory costs and disbursements in the action up to the order for stay, without the $500 cap that applies to jurisdictional dismissals.
Does a party automatically get costs after winning a motion to dismiss for lack of jurisdiction?
No. Section 814.49(1) frames the cost award as something the court may order, not an automatic entitlement that follows every jurisdictional dismissal.
What kind of order triggers the cost award under subsection (2) of this section?
An order staying further proceedings in the action obtained under section 801.63, according to section 814.49(2).
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 758, 781 (1975); Stats. 1975 s. 814.49; Sup. Ct. Order, 130 Wis. 2d xix (1986); 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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