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818.10.Bail, how given.

Ch. 818: Arrest and Bail · Last amended 1993 · Last verified July 15, 2026

In one sentenceSection 818.10 lets an arrested defendant secure release with a bail bond from two or more sureties promising continued amenability to the court’s process, or, in property-detention cases, a bond in double the property’s value.

Full Text of Section 818.10

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The defendant may give a bail bond executed by 2 or more sufficient sureties, stating their places of residence and occupations, to the effect that the defendant shall, at all times, be amenable to the process of the court during the pendency of the action and to such as may be issued to enforce the judgment therein, or if the defendant is arrested for the cause mentioned in s. 818.02 (3), a bond executed by sufficient sureties, to the effect that they are bound in a sum double the value of the property.

Plain-English Summary

Once arrested under chapter 818, a defendant is not necessarily stuck in custody. Section 818.10 lets the defendant give a bail bond executed by two or more sufficient sureties, who must state their places of residence and occupations. The bond promises that the defendant will remain amenable to the court’s process throughout the case, and to whatever process later issues to enforce the judgment.

The section handles one category of arrest differently. If the defendant was arrested for the reason described in section 818.02(3) — unjust detention of personal property that has been concealed or disposed of — the bond instead comes from sufficient sureties bound in a sum double the value of the property, reflecting that the dispute in that kind of case centers on the property itself rather than a general damages claim.

Frequently Asked Questions

How can an arrested defendant get released in a Wisconsin civil case?

Section 818.10 lets the defendant give a bail bond executed by two or more sufficient sureties, promising the defendant will remain amenable to the court’s process.

What must the sureties on the bail bond provide?

Section 818.10 requires the sureties to state their places of residence and occupations along with executing the bond.

What does the bail bond promise?

Under section 818.10, it promises the defendant will at all times be amenable to the process of the court during the case, and to process issued later to enforce the judgment.

Is the bond different if the arrest was over concealed personal property?

Yes. Section 818.10 requires a bond from sufficient sureties bound in a sum double the value of the property for an arrest under section 818.02(3).

Is a bail bond the only way to secure release after this kind of arrest?

No. Section 818.11 lets the defendant deposit the amount specified in the order with the sheriff instead of giving a bond.

Amendment History

History: Sup. Ct. Order, 67 Wis. 2d 585, 758, 777 (1975); Stats. 1975 s. 809.10; 1977 c. 308; Sup. Ct. Order, 83 Wis. 2d xiiiv (1978); Stats. 1977 s. 818.10; 1993 a. 481.

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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