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813.14.Same; when granted.

Ch. 813: Injunctions, Ne Exeat and Receivers · Last amended 1975 · Last verified July 15, 2026

In one sentenceSection 813.14 bars a court or judge from granting a writ of ne exeat unless a complaint or affidavit shows grounds for it, and requires the court or judge to endorse on the writ the bond penalty and security the defendant must give.

Full Text of Section 813.14

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No writ of ne exeat shall be granted unless it appears to the court or judge by the complaint or an affidavit that grounds exist therefor; and the court or judge granting such writ shall direct to be endorsed thereon the penalty of the bond and security to be given by the defendant.

Plain-English Summary

Section 813.14 puts a threshold on the writ of ne exeat authorized in section 813.13. A court or judge cannot grant the writ on request alone; it must appear, by the complaint or an affidavit, that grounds exist for restraining the defendant from leaving the state.

Once that showing is made and the writ is granted, the court or judge must endorse on it the penalty of the bond and the security the defendant is to give. That endorsement is what fixes the terms a defendant later has to meet to be released from the restraint under section 813.15.

Frequently Asked Questions

What must a plaintiff show to get a writ of ne exeat issued?

Section 813.14 requires that it appear to the court or judge, by the complaint or an affidavit, that grounds exist for the writ before it may be granted.

Can a court issue this writ without any supporting proof?

No. The section says no writ shall be granted unless grounds appear from the complaint or an affidavit.

What does the court set once it grants the writ?

The court or judge must endorse on the writ the penalty of the bond and the security the defendant is to give.

Who decides the amount of security the defendant must post?

The court or judge granting the writ, which section 813.14 requires be endorsed on the writ itself.

What happens if the grounds for the writ are not shown?

The section does not authorize the writ to be granted at all without that showing, so a request lacking it should not result in the writ issuing.

Amendment History

History: Sup. Ct. Order, 67 Wis. 2d 585, 760 (1975); Stats. 1975 s. 813.14.

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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