Chapter 818 — ARREST AND BAIL

818.01 In civil actions. (1) No person may be arrested in a civil action except as prescribed by this chapter. (2) Arrest of a person subject to contempt proceedings under ch. 785 may, but need not, be in accordance with the procedure under this chapter. History: Sup. Ct. Order, …

818.02 When arrests may be made. The defendant may be arrested as hereinafter prescribed in the following cases: (1) In an action for the recovery of damages on a cause of action not arising out of contract, where the defendant is not a resident of the state, or is about to remov…

818.03 Order of arrest, by whom made. An order for the arrest of the defendant must be obtained from the court in which the action is brought or a judge. History: Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975); Stats. 1975 s. 809.03; Sup. Ct. Order, 83 Wis. 2d xiiiv (1978); Stats. 19…

818.04 Order, when made. The order may be made where it shall appear by affidavit that a cause of action exists, and that it is one of those mentioned in s. 818.02. History: Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975), 777; Stats. 1975 s. 809.04; Sup. Ct. Order, 83 Wis. 2d xiiiv (…

818.05 Bond of plaintiff. Before making the order for arrest the court or judge shall require a bond of the plaintiff, with or without sureties, to the effect that if the plaintiff fails to recover, the plaintiff will pay all costs that may be awarded to the defendant and all dam…

818.06 Order for arrest, what to contain. The order for arrest may be made at any time before judgment. It shall direct the sheriff of a particular county or generally the sheriff of any county where the defendant may be found, and require the sheriff forthwith to arrest the defe…

818.07 Execution of order of arrest. The affidavit, bond and order of arrest shall be delivered to the sheriff who, upon arresting the defendant, shall deliver to the defendant copies thereof; and the sheriff shall, within 5 days after such arrest, endorse the sheriff’s return on…

818.10 Bail, how given. The defendant may give a bail bond executed by 2 or more sufficient sureties, stating their places of residence and occupations, to the effect that the defendant shall, at all times, be amenable to the process of the court during the pendency of the action…

818.11 Deposit in lieu of bail. The defendant may, instead of giving a bond, deposit with the sheriff the amount mentioned in the order. The sheriff shall thereupon give the defendant a certificate of the deposit, and release the defendant. History: Sup. Ct. Order, 67 Wis. 2d 585…

818.12 Payment of deposit. The sheriff shall, within 5 days after the deposit, deliver it to the clerk of the court, and shall take from the clerk duplicate certificates of deposit one of which the sheriff shall deliver to the plaintiff and the other to the defendant. History: Su…

818.13 Bail after deposit. If money be deposited as provided in s. 818.11 bail may be given and justified upon notice as prescribed in s. 818.16 any time before judgment, and thereupon the judge before whom the justification is had shall direct, in the order of allowance, that th…

818.14 Application of deposit. Where money remains on deposit at the time of judgment for the payment of money to the plaintiff, the clerk shall, under direction of the court, apply the same in satisfaction thereof, and refund the surplus to the defendant, except as provided in s…

818.15 Sheriff’s return to plaintiff; notice of nonacceptance. The sheriff shall, at the time the sheriff notifies the plaintiff or the plaintiff’s attorney of the sheriff’s execution of the order of arrest, deliver to the plaintiff or the plaintiff’s attorney a certified copy of…

818.16 Notice of justification of bail. On receipt of such notice by the sheriff, the sheriff or the defendant may, within 10 days thereafter, give to the plaintiff or attorney by whom the order of arrest is subscribed notice of justification of the same or other bail, specifying…

818.17 Qualification of bail. Each surety must be a resident and freeholder within the state and be worth the amount specified in the order of arrest, above all the surety’s liabilities, in property within this state, not exempt from execution; but a judge, on justification, may …

818.18 Justification of bail. For the purpose of justification each surety shall attend before the judge at the time and place mentioned in the notice, and may be examined on oath, on the part of the plaintiff, touching the surety’s sufficiency. The examination shall be reduced t…

818.19 Proceedings on justification. If the judge find the bail sufficient, the judge shall annex the examination to the bond, endorse the judge’s allowance thereon and file them with the court. In such case, if the sureties annexed to their bond, at the time of its delivery to t…

818.20 Surrender of principal. At any time before a failure to comply with their bond the sureties may surrender the defendant in their exoneration or the defendant may surrender to the sheriff of the county where the defendant was arrested. A certified copy of the bail bond shal…

818.21 Arrest of principal by bail. For the purpose of surrendering the defendant the sureties, at any time before they are finally charged, may arrest the defendant or by a written authority endorsed on a certified copy of the bond may empower any discreet person to do so. Histo…

818.22 Custody of principal. Every person surrendered in exoneration of the person’s bail shall be kept in safe custody until the person shall satisfy the judgment rendered against the person or be discharged according to law. History: Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975); …

818.23 Proceedings against bail. In case of breach of the bond the sureties may be proceeded against by action only. History: Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975); Stats. 1975 s. 809.23; Sup. Ct. Order, 83 Wis. 2d xiiiv (1978); Stats. 1977 s. 818.23.

818.24 Exoneration of bail. The bail may be exonerated either by the death of the defendant or imprisonment in the Wisconsin state prisons, or by discharge from the obligation to be amenable to the process, or by surrender to the sheriff of the county where arrested, in execution…

818.25 Sheriff’s liability. If, after being arrested, the defendant escape or be rescued, or bail be not given or justified, or a deposit be not made instead thereof the sheriff shall himself or herself be liable as bail. But the sheriff may discharge himself or herself from such…

818.26 Proceedings against sheriff. If a judgment be recovered against a sheriff upon the sheriff’s liability as bail and an execution thereon be returned unsatisfied in whole or in part the same proceedings may be had on the official bond of the sheriff, to collect the delinquen…

818.27 Bail liable to sheriff. The bail taken upon the arrest shall, unless they justify or other bail be given or justified, be liable to the sheriff by action for damages which the sheriff may sustain by reason of such omission. History: Sup. Ct. Order, 67 Wis. 2d 585, 758 (197…

818.28 Vacation of order of arrest, etc. A defendant arrested may, at any time before the justification of bail, apply, on motion, to vacate the order of arrest or to reduce the amount of bail. History: Sup. Ct. Order, 67 Wis. 2d 585, 758, 777 (1975); Stats. 1975 s. 809.25; Sup. …

818.29 Motion papers. If the motion be made upon affidavit on the part of the defendant but not otherwise, the plaintiff may oppose the same by affidavit or other proof, in addition to those on which the order of arrest was made. History: Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975…