The sheriff shall, within 5 days after the deposit, deliver it to the clerk of the court, and shall take from the clerk duplicate certificates of deposit one of which the sheriff shall deliver to the plaintiff and the other to the defendant.
818.12.Payment of deposit.
Ch. 818: Arrest and Bail · Last amended 1995 · Last verified July 15, 2026
In one sentenceSection 818.12 requires the sheriff to deliver a defendant’s bail deposit to the clerk of court within five days and obtain duplicate deposit certificates, one for the plaintiff and one for the defendant.
Full Text of Section 818.12
Plain-English Summary
Section 818.11 lets a defendant deposit cash with the sheriff instead of posting a bail bond. Section 818.12 makes sure that money does not stay in the sheriff’s hands. Within five days after the deposit is made, the sheriff must deliver it to the clerk of the court.
At the same time, the sheriff takes from the clerk duplicate certificates of the deposit. One of those certificates goes to the plaintiff, and the other goes to the defendant, so both sides have documented proof of the deposit and where it now sits.
Frequently Asked Questions
How long does the sheriff have to turn over a defendant’s bail deposit to the court?
Section 818.12 gives the sheriff five days after the deposit to deliver it to the clerk of the court.
Does the plaintiff get any proof that the deposit was made?
Yes. Section 818.12 requires the sheriff to obtain duplicate certificates of deposit from the clerk, one of which goes to the plaintiff.
Does the defendant also get a certificate?
Yes. Section 818.12 requires the other duplicate certificate to be delivered to the defendant.
Who holds the deposited funds once they leave the sheriff’s custody?
Section 818.12 has the sheriff deliver the deposit to the clerk of the court, who then holds it.
What deposit does this section refer to?
The deposit a defendant makes with the sheriff under section 818.11, in lieu of giving a bail bond.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975); Stats. 1975 s. 809.12; Sup. Ct. Order, 83 Wis. 2d xiiiv (1978); Stats. 1977 s. 818.12; 1993 a. 486; 1995 a. 225.
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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