818.13.Bail after deposit.
Ch. 818: Arrest and Bail · Last amended 1978 · Last verified July 15, 2026
Full Text of Section 818.13
Plain-English Summary
Some civil defendants avoid arrest, or get released from it, by depositing money with the court rather than posting a bail bond backed by sureties. Section 818.13 gives a defendant who took that route a way back to bail. At any time before judgment, the defendant may still give bail and have it justified, following the notice procedure set out for justification of bail.
The payoff for making that switch is spelled out directly: once the justification hearing happens, the judge presiding over it must direct, in the order allowing the bail, that the deposited money be refunded to the defendant. Posting bail with sureties frees up the cash the defendant had tied up in the deposit.
Because the window stays open any time before judgment, a defendant is not locked into whichever choice they made at the time of arrest. Circumstances can change, and this section lets the defendant unwind a deposit in favor of bail without starting the case over.
Frequently Asked Questions
Can a defendant get a cash deposit back after switching to bail with sureties?
Yes. Once the bail is justified through the required notice procedure, the judge presiding over the justification directs, in the order allowing the bail, that the deposited money be refunded to the defendant.
How late can a defendant switch from a cash deposit to bail?
Section 818.13 allows the switch at any time before judgment, so the defendant is not locked into the original choice made at arrest.
What notice procedure applies when a defendant wants to post bail after depositing money?
The defendant must give bail and have it justified upon notice as prescribed for justification of bail generally, the same process used for ordinary bail.
Who orders the deposit refunded?
The judge before whom the justification is held orders the refund, doing so in the order allowing the bail.
Does the switch from deposit to bail happen automatically once the defendant asks for it?
No. The defendant still has to give bail and have it justified through the notice procedure; the refund follows only after that justification is complete.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 758, 777 (1975); Stats. 1975 s. 809.13; Sup. Ct. Order, 83 Wis. 2d xiiiv (1978); Stats. 1977 s. 818.13.