818.10.Bail, how given.
Ch. 818: Arrest and Bail · Last amended 1993 · Last verified July 15, 2026
Full Text of Section 818.10
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.