On receipt of such notice by the sheriff, the sheriff or the defendant may, within 10 days thereafter, give to the plaintiff or attorney by whom the order of arrest is subscribed notice of justification of the same or other bail, specifying the places of residence and occupation of the latter, before a judge of the court at a specified time and place; the time to be not less than 5 nor more than 10 days thereafter. In case other bail be given there shall be a new undertaking in the form prescribed in s. 818.10.
818.16.Notice of justification of bail.
Ch. 818: Arrest and Bail · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 818.16 lets the sheriff or defendant respond to a plaintiff’s notice of nonacceptance by giving the plaintiff notice, naming the sureties’ residences and occupations, that the same or substitute bail will justify before a judge within five to ten days, with a new bond required if different sureties are offered.
Full Text of Section 818.16
Plain-English Summary
Once the sheriff receives the plaintiff’s notice of nonacceptance, the sheriff or the defendant has 10 days to answer back with a notice of their own. That notice sets a time and place for the bail, the same sureties or different ones, to justify before a judge, and it must specify the residence and occupation of whichever sureties will appear.
The hearing itself cannot be scheduled just any time; the section requires it be set not less than five nor more than ten days after the notice is given, keeping the process moving without rushing it.
If the defendant decides to offer different sureties instead of standing behind the original ones, the section requires a new undertaking, executed in the form prescribed for bail bonds generally. That keeps the substitute bail on the same documentary footing as the original.
Frequently Asked Questions
Who can respond to a plaintiff’s notice of nonacceptance of bail?
Either the sheriff or the defendant may give the plaintiff notice of justification within 10 days after the sheriff receives the notice of nonacceptance.
What must the notice of justification include?
It must specify the places of residence and occupation of the sureties, and the time and place before a judge where justification will occur.
How soon must the justification hearing take place?
Not less than 5 nor more than 10 days after the notice of justification is given.
What happens if the defendant wants to offer different sureties instead of the original ones?
A new undertaking must be executed, in the form prescribed for bail bonds under section 818.10.
What triggers this notice of justification in the first place?
The sheriff’s receipt of the plaintiff’s notice that the plaintiff does not accept the bail.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 758, 777 (1975); Stats. 1975 s. 809.16; Sup. Ct. Order, 83 Wis. 2d xiiiv (1978); Stats. 1977 s. 818.16; 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
Also known as: wisconsin notice of justification of bailscheduling bail justification hearing wisconsinnew sureties civil arrest wisconsins. 818.16 bail bond notice wisconsin