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 and file the originals with the clerk of the court in which the action is brought. The sheriff shall promptly notify the plaintiff’s attorney of the execution of the order of arrest.
818.07.Execution of order of arrest.
Ch. 818: Arrest and Bail · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 818.07 requires the sheriff to give the arrested defendant copies of the affidavit, bond, and order of arrest, file the originals with the clerk within five days, and promptly tell the plaintiff’s attorney the arrest happened.
Full Text of Section 818.07
Plain-English Summary
Section 818.07 governs what happens once the paperwork behind an arrest reaches the sheriff. The affidavit, the plaintiff’s bond, and the order of arrest are all delivered to the sheriff, and when the sheriff arrests the defendant, the sheriff must hand the defendant copies of each of those documents. The defendant is not left to guess at the basis for the arrest.
The sheriff also has paperwork obligations running the other direction. Within five days after the arrest, the sheriff must endorse a return on the originals and file them with the clerk of the court where the action is brought. And the sheriff must promptly notify the plaintiff’s attorney that the order of arrest has been carried out, so the case can move forward on the plaintiff’s side without delay.
Frequently Asked Questions
What does the sheriff give a defendant who is arrested in a Wisconsin civil case?
Section 818.07 requires the sheriff to deliver copies of the affidavit, bond, and order of arrest to the defendant upon arrest.
How soon must the sheriff file the arrest paperwork with the court?
Section 818.07 requires the sheriff, within five days after the arrest, to endorse the sheriff’s return on the originals and file them with the clerk of the court where the action is brought.
Does the plaintiff’s attorney get notified when the arrest happens?
Yes. Section 818.07 requires the sheriff to promptly notify the plaintiff’s attorney of the execution of the order of arrest.
Who delivers the affidavit, bond, and order to the sheriff in the first place?
Section 818.07 states that those documents shall be delivered to the sheriff, without specifying a particular party, ahead of the arrest.
What can a defendant do once arrested under this order?
Section 818.10 allows the defendant to give a bail bond, and section 818.11 allows a cash deposit instead, either of which can secure the defendant’s release.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975); Stats. 1975 s. 809.07; Sup. Ct. Order, 83 Wis. 2d xiiiv (1978); Stats. 1977 s. 818.07; 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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