Wisconsin Business and Commercial Litigation

In what I would consider an unexpected decision, the court of appeals has expanded the universe of awardable costs to recognize internal copy costs.  Wis. Stat. 814.04(2) provides for the recovery of

amounts actually paid out for certified and other copies of papers and records in any public office; postage, photocopying, telephoning, electronic communications, facsimile transmissions, and express or overnight delivery.

Most parties opposing the award of internal copying argue (as did the plaintiff in this case), that internal copy costs are not expenses that are “actually paid out.”  The court here disagreed:

First, the statute does not say that photocopy costs must be paid out to a third party before they can be claimed by a defendant. Second, the phrase ‘”actually paid out” modifies the amounts paid “for certified and other copies of papers and records in any public office.”  The disputed costs here do not involve certified or other papers and records in a public office.

So, from now on, include internal copy expenses in all your cost affidavits.