If any surety on any undertaking given under s. 814.28 shall remove from the state or be deemed at any time insufficient the court or presiding judge may require the plaintiff to give a new undertaking, and every person becoming surety thereon shall be liable for all costs, from the commencement of the action, in like manner as if the successor surety had been the original surety.
814.33.Additional security for costs.
Ch. 814: Court Costs, Fees, and Surcharges · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 814.33 lets a court require a plaintiff to file a new undertaking for costs if a surety on the original one leaves the state or becomes insufficient, and makes the new surety liable for all costs from the start of the action, as though present from the beginning.
Full Text of Section 814.33
Plain-English Summary
Section 814.33 keeps a security-for-costs undertaking from becoming worthless because the surety who backed it later moves out of state or turns out not to have enough assets. If a surety on any undertaking given under section 814.28 removes from the state, or is deemed at any time insufficient, the court or presiding judge may require the plaintiff to give a new undertaking.
Whoever becomes the new surety on that replacement undertaking takes on liability for all costs from the commencement of the action, exactly as if that surety had been the original one. The substitution does not create a gap in coverage or limit the new surety’s exposure to costs incurred only after they signed on.
Frequently Asked Questions
What happens if the surety who backed a plaintiff’s security for costs moves out of Wisconsin?
Section 814.33 lets the court or presiding judge require the plaintiff to give a new undertaking if a surety on an undertaking given under section 814.28 removes from the state.
Can the court demand a new security undertaking if the original surety turns out not to have enough assets?
Yes. Section 814.33 also applies when a surety is deemed at any time insufficient, allowing the court to require a replacement undertaking.
Is the new surety liable only for costs incurred after they sign the replacement undertaking?
No. Section 814.33 makes the new surety liable for all costs from the commencement of the action, in the same manner as if that surety had been the original one.
Does this section create a separate right to demand security, or does it depend on section 814.28?
It depends on section 814.28. Section 814.33 applies specifically to an undertaking given under that section once a surety on it becomes unavailable or insufficient.
Who decides whether a surety has become insufficient under this section?
The section does not spell out a separate procedure; it authorizes the court or presiding judge to require a new undertaking once a surety is deemed insufficient.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 761, 780 (1975); Stats. 1975 s. 814.33; 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
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