If the defendant shall satisfy the court or judge granting such writ that there is no reason for the defendant’s restraint or shall give security for the performance of the judgment in the action, the writ shall be discharged.
813.15.Same; discharge of.
Ch. 813: Injunctions, Ne Exeat and Receivers · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 813.15 discharges a writ of ne exeat once the restrained defendant either satisfies the court that there is no reason for the restraint or posts security for the performance of the eventual judgment.
Full Text of Section 813.15
Plain-English Summary
A writ of ne exeat under sections 813.13 and 813.14 is not meant to hold a defendant indefinitely. Section 813.15 gives the defendant two separate paths to have it discharged: convince the court or judge who granted it that there is no reason for the restraint, or give security for the performance of the judgment that may eventually be entered in the action.
Either path ends the restraint. The defendant does not need to do both — satisfying the court that the restraint is unwarranted is enough on its own, just as posting the required security is enough on its own, even if the court has not been persuaded the original grounds were weak.
Frequently Asked Questions
How can a defendant get a writ of ne exeat lifted?
Section 813.15 allows discharge if the defendant either satisfies the court that there is no reason for the restraint, or gives security for the performance of the eventual judgment.
Does a defendant have to prove there is no reason for the restraint, or can the defendant just post security instead?
Either one works. The two grounds in section 813.15 are independent, so posting security discharges the writ even without disproving the original grounds.
Who decides whether to discharge the writ?
The court or judge who granted the writ, based on whichever showing the defendant makes.
Does posting security to discharge the writ end the underlying lawsuit?
No. Section 813.15 discharges the writ of ne exeat itself; the security stands for the performance of the judgment that may later be entered in the action, which continues on its own track.
What was the writ restraining the defendant from doing before discharge?
Under section 813.13, the writ prevents the defendant from leaving Wisconsin, a restraint that section 813.15 lifts once one of its two conditions is met.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 760 (1975); Stats. 1975 s. 813.15; 1993 a. 486.
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: discharge writ of ne exeat wisconsinrelease from ne exeat wisconsinpost security ne exeat wisconsinlift ne exeat writ wisconsin