The affidavit required by s. 811.03 may be amended at any time before the trial by the substitution of a new affidavit containing allegations of facts existing at the time of making the former affidavit.
811.04.Amendment to affidavit.
Ch. 811: Attachment · Last amended 1975 · Last verified July 15, 2026
In one sentenceSection 811.04 lets a plaintiff amend the affidavit required under section 811.03 at any time before trial by substituting a new affidavit, as long as it alleges facts that existed when the original affidavit was made.
Full Text of Section 811.04
Plain-English Summary
Affidavits supporting a writ of attachment are not necessarily locked in once filed. Section 811.04 allows the plaintiff to amend the affidavit required by section 811.03, and it does so through substitution rather than a marked-up edit: the plaintiff files a new affidavit in place of the old one.
The timing window is generous — any time before trial — but the content is constrained. The new affidavit can only allege facts that existed at the time the original affidavit was made. This keeps amendment from becoming a way to justify the attachment retroactively with facts that arose later; the amended affidavit still has to be true to the situation as it stood when attachment was first sought.
Frequently Asked Questions
Can a plaintiff fix a defective attachment affidavit after it is filed?
Yes. Section 811.04 allows the affidavit required by section 811.03 to be amended at any time before trial.
How does the amendment process work under section 811.04?
By substitution — the plaintiff files a new affidavit in place of the original one, rather than editing the existing document.
Can the amended affidavit rely on facts that developed after the original affidavit was filed?
No. The new affidavit may only contain allegations of facts that existed at the time the original affidavit was made.
Is there a deadline for amending the affidavit?
Yes, it must be done at any time before trial; the section does not allow amendment once trial has begun.
Why would a plaintiff need to amend an attachment affidavit?
The section does not state a specific reason, but amendment lets a plaintiff correct or strengthen the factual allegations supporting attachment without having to start the process over, so long as the underlying facts existed when the original affidavit was made.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 758, 778 (1975); Stats. 1975 s. 811.04.
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
Also known as: amending attachment affidavit wisconsinfixing a defective attachment affidavitsection 811.04 wisconsinsubstituting a new affidavit wisconsin attachment