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818.18.Justification of bail.

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

In one sentenceSection 818.18 requires each surety to appear before the judge at the appointed time and place, submit to examination under oath about their sufficiency if the plaintiff wants it, and have that examination written down and signed if the plaintiff requires it.

Full Text of Section 818.18

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For the purpose of justification each surety shall attend before the judge at the time and place mentioned in the notice, and may be examined on oath, on the part of the plaintiff, touching the surety’s sufficiency. The examination shall be reduced to writing and subscribed by the surety, if required by the plaintiff.

Plain-English Summary

Section 818.18 describes what happens at the justification hearing itself. Each surety must attend before the judge at the time and place set out in the notice of justification, ready to answer for their qualifications.

The plaintiff may examine the surety under oath, touching the surety’s sufficiency, meaning the value and quality of the assets that back up the bond. That examination is not automatically preserved in writing; it becomes a written record, subscribed by the surety, only if the plaintiff requires it.

This gives the plaintiff a real chance to test whether the surety meets the qualifications required elsewhere in this chapter, rather than accepting the bond on its face.

Frequently Asked Questions

Does a surety have to appear in person to justify bail?

Yes, each surety must attend before the judge at the time and place mentioned in the notice.

Can the plaintiff question a surety about their finances at the hearing?

Yes, the surety may be examined on oath, on the part of the plaintiff, touching the surety’s sufficiency.

Is the examination automatically written down?

No, it is reduced to writing and subscribed by the surety only if the plaintiff requires it.

Who conducts the examination of the surety?

It is conducted on the part of the plaintiff, before the judge presiding over the justification.

What is the point of the justification examination?

It lets the judge and the plaintiff confirm that the surety meets the qualifications required for bail before the bond is approved.

Amendment History

History: Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975); Stats. 1975 s. 809.18; Sup. Ct. Order, 83 Wis. 2d xiiiv (1978); Stats. 1977 s. 818.18; 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
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