814.61.Civil actions; fees of the clerk of court.
Ch. 814: Court Costs, Fees, and Surcharges · Last amended 2025 · Last verified July 15, 2026
Full Text of Section 814.61
Official Notes
NOTE: Par. (a) is shown as amended eff. 11-1-26 by 2025 Wis. Act 179. Prior to 11-1-26 it reads:
(a) Except as provided under pars. (c), (d), and (e), at the commencement of all civil actions and special proceedings not specified in ss. 814.62 to 814.66, $75. Of the fees received by the clerk under this paragraph, the county treasurer shall pay $45 to the secretary of administration for deposit in the general fund and shall retain the balance for the use of the county. The secretary of administration shall credit $15 of the $45 to the appropriation under s. 20.680 (2) (j).
NOTE: Par. (b) is shown as amended eff. 11-1-26 by 2025 Wis. Act 179. Prior to 11-1-26 it reads:
(b) Except as provided in pars. (c), (d) and (e), in addition to the fee under par. (a), at the commencement of an action affecting the family as defined in s. 767.001 (1), a fee of $20 to be deposited by the county treasurer in a separate account to be used by the county exclusively for the purposes specified in s. 767.405.
NOTE: Sub. (3) is shown as amended eff. 11-1-26 by 2025 Wis. Act 179. Prior to 11-1-26 it reads:
(3) THIRD-PARTY COMPLAINT. When any defendant files a 3rd-party complaint, the defendant shall pay a fee of $45. The defendant shall pay only one such $45 fee in an action. Of the fees received by the clerk under this subsection, the county treasurer shall pay $25 to the secretary of administration for deposit in the general fund and shall retain the balance for the use of the county. The secretary of administration shall credit $5 of the $25 to the appropriation under s. 20.680 (2) (j).
NOTE: Sub. (4) is shown as amended eff. 11-1-26 by 2025 Wis. Act 179. Prior to 11-1-26 it reads:
(4) JURY FEE. For a jury in all civil actions, except a garnishment action under ch. 812, a nonrefundable fee of $6 per juror demanded to hear the case to be paid by the party demanding a jury within the time permitted to demand a jury trial. If the jury fee is not paid, no jury may be called in the action, and the action may be tried to the court without a jury.
NOTE: Par. (am) (intro.) is shown as amended eff. 11-1-26 by 2025 Wis. Act 179. Prior to 11-1-26 it reads:
(am) The clerk shall collect a fee of $5 for the following:
NOTE: Sub. (6) is shown as amended eff. 11-1-26 by 2025 Wis. Act 179. Prior to 11-1-26 it reads:
(6) FOREIGN JUDGMENTS. On filing a foreign judgment under s. 806.24, $15.
NOTE: Par. (a) is shown as amended eff. 11-1-26 by 2025 Wis. Act 179. Prior to 11-1-26 it reads:
(a) Except as provided in par. (b), upon the filing of any petition under s. 767.59 (1c) (a) or any motion, by either party, for the revision of a judgment or
order in an action affecting the family, $30. No fee may be collected under this paragraph for any petition or motion by either party for the revision of a judgment or order involving child support, family support, or maintenance if both parties have stipulated to the revision of the judgment or order. Of the fees received by the clerk under this paragraph, the county treasurer shall pay 50 percent to the secretary of administration for deposit in the general fund and shall retain the balance for the use of the county.
NOTE: Par. (b) is shown as amended eff. 11-1-26 by 2025 Wis. Act 179. Prior to 11-1-26 it reads:
(b) Upon the filing of any petition, motion, or order to show cause by either party under s. 767.451 or 767.481, $50. No fee may be collected under this paragraph for filing a petition, motion, or order to show cause for the revision of a judgment or order for legal custody or physical placement if both parties have stipulated to the revision of the judgment or order. Of the fees received by the clerk under this paragraph, the county treasurer shall pay 25 percent to the secretary of administration for deposit in the general fund, retain 25 percent for the use of the county, and deposit 50 percent in a separate account to be used by the county exclusively for the purposes specified in s. 767.405.
NOTE: Subd. 1. is shown as amended eff. 11-1-26 by 2025 Wis. Act 179. Prior to 11-1-26 it reads:
1. If the appeal or review is by certiorari or on the record, $40.
NOTE: Subd. 2. is shown as amended eff. 11-1-26 by 2025 Wis. Act 179. Prior to 11-1-26 it reads:
2. If a new trial is authorized and requested, $55.
NOTE: Sub. (9) is shown as amended eff. 11-1-26 by 2025 Wis. Act 179. Prior to 11-1-26 it reads:
(9) TRANSMITTING DOCUMENTS. For certifying and transmitting documents upon appeal, writ of error, change of venue, for enforcing real estate judgments in other counties, or for enforcing judgments in other states, $15 plus postage.
NOTE: Sub. (11) is shown as amended eff. 11-1-26 by 2025 Wis. Act 179. Prior to 11-1-26 it reads:
(11) SEARCHES. For searching files or records to locate any one action when the person requesting the search does not furnish the case number of the action, or to ascertain the existence or nonexistence of any instrument or record in the custody of the clerk of circuit court, $5.
NOTE: Subd. 1. is shown as amended eff. 11-1-26 by 2025 Wis. Act 179. Prior to 11-1-26 it reads:
1. For receiving a trust fund, or handling or depositing money under s. 757.25 or 807.10 (3), at the time the money is deposited with the clerk, a fee of $10 or 0.5 percent of the amount deposited, whichever is greater. In addition, a fee of $10 shall be charged upon each withdrawal of any or all of the money deposited with the clerk.
NOTE: Par. (c) is shown as amended eff. 11-1-26 by 2025 Wis. Act 179. Prior to 11-1-26 it reads:
(c) Deposits in contempt proceedings. For receiving and disbursing deposits made under s. 818.12 in contempt proceedings under ch. 785, $10 per deposit. The $10 fee shall be deducted from the deposit, unless the entire deposit is ordered returned to the defendant, before applying the deposit to the satisfaction of a judgment under s. 818.14.
NOTE: Sub. (13) is shown as amended eff. 11-1-26 by 2025 Wis. Act 179. Prior to 11-1-26 it reads:
(13) SUPPORT OR MAINTENANCE PETITION. For the cost of court services, whenever a person not receiving benefits under s. 49.148 or 49.155 or aid under s. 49.19, 49.46, 49.465, 49.468, 49.47, or 49.471 files a petition requesting child support, maintenance or family support payments, $10 in addition to any other fee required under this section. This subsection does not apply to a petition filed by the state or its delegate.
NOTE: Sub. (13m) is shown as amended eff. 11-1-26 by 2025 Wis. Act 179. Prior to 11-1-26 it reads:
(13m) PETITION FOR GUARDIANSHIP OF A CHILD. For filing a petition under s. 48.9795 (12), whether in a guardianship or temporary guardianship proceeding or to commence an independent action, $60.
NOTE: Sub. (14) is shown as amended eff. 11-1-26 by 2025 Wis. Act 179. Prior to 11-1-26 it reads:
(14) PETITION FOR OCCUPATIONAL LICENSE. On filing a petition for an occupational license under s. 343.10 (4), $40.
Plain-English Summary
Section 814.61 is the master fee list for ordinary civil litigation in Wisconsin circuit court. It opens by making the clerk responsible for collecting every fee the section describes, and it makes clear that a governmental unit, as defined in s. 108.02 (17), owes these fees too unless the section carves out a specific exemption for it.
The largest and most-used fee is the one charged at the commencement of a civil action or special proceeding not covered by one of the more specific fee sections that follow (ss. 814.62 to 814.66). A separate, added fee applies at the start of an action affecting the family. Both of those charges have exceptions built in: they don’t apply to certain paternity, parental-rights, adoption, ch. 769, or civil-commitment proceedings, and no fee is ever collected from a petitioner seeking a domestic abuse, child abuse, or harassment restraining order or injunction — though that fee shifts to the respondent if the respondent is later convicted of violating the order.
Beyond the opening fee, the section prices out most of what a civil case generates on paper: filing a third-party complaint, demanding a jury, filing or entering a judgment or lien, filing a foreign judgment, seeking revision of a family judgment or order, appealing from municipal court, transmitting documents, getting copies, running a records search, and depositing or withdrawing money the clerk holds in trust or in a contempt proceeding. A separate fee applies to a petition for child support or maintenance, a petition for guardianship of a child, and a petition for an occupational license.
Nearly every dollar figure in this section is scheduled to increase on November 1, 2026, under 2025 Wisconsin Act 179. For example, the base commencement fee under (1)(a) is $75 today and becomes $130 on that date; the third-party complaint fee moves from $45 to $80; the jury fee moves from $6 to $17 per juror demanded; and the foreign-judgment filing fee moves from $15 to $42. Until November 1, 2026, the lower, currently operative amounts still apply.
Frequently Asked Questions
How much does it cost to file a civil lawsuit in Wisconsin circuit court?
Today, the base fee to commence a civil action or special proceeding not covered by a more specific fee section is $75, plus an added $20 if the case is an action affecting the family. Under 2025 Wisconsin Act 179, the base fee rises to $130 on November 1, 2026, and the family-action add-on rises to $38 at the same time.
Does a government agency have to pay court filing fees like anyone else?
Yes. Section 814.61 requires a governmental unit, as defined in s. 108.02 (17), to pay the fees this section lists unless a specific exemption applies.
Is there a filing fee for a domestic abuse restraining order in Wisconsin?
No. Section 814.61 bars collecting the commencement fee from a petitioner under s. 813.12, 813.122, or 813.123, and, in cases involving conduct similar to stalking, from a petitioner under s. 813.125. If the respondent is later convicted of violating the resulting order, the fee is instead collected from the respondent.
How much is the jury fee in a Wisconsin civil case?
Currently $6 per juror demanded, rising to $17 per juror on November 1, 2026. The fee is nonrefundable and must be paid within the time allowed to demand a jury trial — if it isn’t, no jury may be called and the case is tried to the court instead.
What does it cost to file a foreign judgment in Wisconsin?
Filing a foreign judgment under s. 806.24 currently costs $15, rising to $42 on November 1, 2026, under the fee changes in 2025 Wisconsin Act 179.
Amendment History
History: 1981 c. 317; 1983 a. 27; 1983 a. 189 s. 329 (28); 1983 a. 228, 447, 538; 1985 a. 29, 169; 1987 a. 27 ss. 2143p, 3202 (24); 1987 a. 144, 355, 399; 1989 a. 31; 1989 a. 56 s. 259; 1989 a. 191; 1991 a. 39, 221, 269; 1993 a. 16, 319, 326, 481, 491; 1995 a. 27, 201, 224, 269, 279, 289, 306; 1997 a. 27, 35, 285; 1999 a. 9, 71; 2001 a. 109; 2003 a. 33, 165, 327; 2005 a. 272, 387, 434; 2005 a. 443 s. 265; 2007 a. 20; 2009 a. 261; 2015 a. 55; 2019 a. 70; 2019 a. 109 s. 47; 2021 a. 240 s. 30; 2025 a. 179.