814.28 Security for costs.
(1) Defendant may require. Except as otherwise provided by s. 814.29, the defendant may require the plaintiffs to file security for costs if the plaintiffs are all nonresidents; or are foreign corporations, nonresident personal representatives, guardians, trustees, or receivers; or are trustees or assignees of any debtor; or are imprisoned for crime for terms less than life; or shall take issue upon the answer of the garnishee.
(2) Order for security. Upon proof by affidavit entitling the defendant to security for costs, the court shall order the plaintiffs to file security for costs in a sum mentioned in the affidavit, not less than $250, within 20 days after the service upon the plaintiffs of a copy of the order requiring the security for costs, and that all proceedings on the part of the plaintiffs be stayed until security is filed.
(3) Security, how given. Within the time required the plaintiffs shall file with the clerk of the court, and give the defendant notice thereof, an undertaking with sureties, each of whom shall justify, by affidavit, in the sum stated in the undertaking, above liabilities and exemptions, in property in this state, conditioned to pay on demand all costs that may be awarded to the defendant in such action in any court, not exceeding the sum mentioned in such order. Upon failure to file such undertaking the court may, upon motion of the defendant, dismiss the action.
(4) Deposit in lieu of undertaking. The plaintiffs in lieu of an undertaking under sub. (3) may deposit with the clerk of the court, who shall give a receipt therefor, money equal to the amount specified in the order for security, and give notice of the deposit.
History: Sup. Ct. Order, 67 Wis. 2d 585, 761, 780 (1975); Stats. 1975 s. 814.28; 1997 a. 254; 1999 a. 85; 2001 a. 102.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 814 - Court costs, fees, and surcharges.
814.01 - Costs allowed to plaintiff.
814.02 - Costs limited, discretionary.
814.035 - Costs upon counterclaims and cross complaints.
814.036 - Omnibus costs provision.
814.045 - Attorney fees; reasonableness.
814.05 - Bond premium as costs.
814.08 - Costs on appeal from municipal court; certiorari.
814.11 - Disbursements, how proved.
814.12 - Costs may be set off.
814.13 - Referee; court to fix and allow fees.
814.131 - Taxing costs on compulsory references.
814.14 - Fiduciary; liability for costs limited; bond premium.
814.15 - Assignee's liability for costs.
814.16 - Settlement, costs on.
814.19 - Records copied not to be taxed for.
814.23 - Actions by or against county.
814.24 - Action against city, village or town official, cost.
814.245 - Actions by state agencies.
814.25 - Costs in actions by prisoners.
814.29 - Security for costs, service and fees for indigents.
814.33 - Additional security for costs.
814.34 - Attorney for plaintiff liable for costs.
814.46 - Taxation after settlement.
814.47 - Fees not collectible till taxed.
814.48 - Duty of officers taxing costs.
814.49 - Costs on dismissal for lack of jurisdiction or stay of proceedings.
814.51 - Jury fees; discretion of court.
814.60 - Criminal actions; fees of the clerk of court.
814.61 - Civil actions; fees of the clerk of court.
814.615 - Fees for mediation and studies.
814.62 - Fees in garnishment, wage earner and small claims actions.
814.63 - Fees in forfeiture actions.
814.64 - Fees on appeal to court of appeals or supreme court.
814.65 - Fees of the municipal court.
814.66 - Fees of register in probate.
814.67 - Fees of witnesses and interpreters.
814.68 - Fees of supplemental court commissioners.
814.69 - Fees of court reporters; transcripts.
814.705 - Governing body may establish higher fees.
814.71 - Fees of city police, constables and village marshals.
814.75 - Court-imposed surcharges.
814.76 - Surcharges in criminal actions.
814.77 - Surcharges in ch. 23 forfeiture actions.
814.78 - Surcharges in ch. 66 forfeiture actions.
814.79 - Surcharges in ch. 345 forfeiture actions.
814.80 - Surcharges in ch. 778 forfeiture actions.
814.81 - Surcharges in ch. 800 forfeiture actions.
814.85 - Court support services surcharge.
814.86 - Justice information system surcharge and special prosecution clerks surcharge.