Fees and costs shall be the same as in civil appeals filed in the court of appeals and shall be equally divided between the parties unless otherwise ordered by the certifying court in its order of certification.
821.05.Costs of certification.
Ch. 821: Uniform Certification of Questions of Law Rule · Last amended 1995 · Last verified July 15, 2026
In one sentenceSection 821.05 charges the same fees and costs for a certified question as a civil appeal in the court of appeals, splitting them equally between the parties unless the certifying court orders otherwise.
Full Text of Section 821.05
Plain-English Summary
Section 821.05 keeps the cost of certification tied to a familiar benchmark. Fees and costs in a certification proceeding are the same as those in civil appeals filed in the court of appeals, rather than a separate fee schedule for certified questions.
By default, those fees and costs are equally divided between the parties. The certifying court can depart from that default, though, by ordering a different allocation in its order of certification.
Frequently Asked Questions
What fees apply to a certified question proceeding?
The same fees and costs as civil appeals filed in the court of appeals.
Who pays those fees by default?
The parties, with the fees and costs equally divided between them.
Can that even split be changed?
Yes, if the certifying court orders otherwise in its order of certification.
When would the certifying court set a different allocation?
The section leaves that decision to the certifying court’s order of certification, without specifying the circumstances that call for a different split.
Does the answering supreme court set these costs, or the certifying court?
The certifying court is the one that may order a different division, in its own order of certification.
Amendment History
History: Sup. Ct. Order, 107 Wis. 2d xiii (1982); 1995 a. 224.
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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