If the judge find the bail sufficient, the judge shall annex the examination to the bond, endorse the judge’s allowance thereon and file them with the court. In such case, if the sureties annexed to their bond, at the time of its delivery to the sheriff, their affidavit showing sufficient qualifications as bail, according to s. 818.17, the judge may, by order, require the costs of the justification before the judge, including fees to the sureties as witnesses, to be forthwith paid by the plaintiff.
818.19.Proceedings on justification.
Ch. 818: Arrest and Bail · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 818.19 has the judge annex the examination to the bond and file both with the court once satisfied the bail is sufficient, and lets the judge order the plaintiff to pay the justification costs, including surety witness fees, when the sureties had already sworn to their qualifications at the time the bond was delivered to the sheriff.
Full Text of Section 818.19
Plain-English Summary
Once the judge finds the bail sufficient, section 818.19 requires the judge to annex the examination to the bond, endorse the judge’s allowance on it, and file the whole package with the court. That completes the record of the justification proceeding.
The section also shifts costs in one specific circumstance. If the sureties, when they delivered the bond to the sheriff, had already annexed an affidavit showing sufficient qualifications as bail under section 818.17, the judge may order the plaintiff to pay the costs of the justification forthwith, including fees paid to the sureties as witnesses. In effect, a plaintiff who forces a justification hearing despite the sureties already having sworn to their qualifications up front can be made to bear the cost of that hearing.
This section closes out the justification sequence begun with the notice requirements in earlier sections and the examination procedure that precedes it.
Frequently Asked Questions
What does the judge do once satisfied the bail is sufficient?
The judge annexes the examination to the bond, endorses the allowance on it, and files both with the court.
Can the plaintiff be made to pay for the justification hearing?
Yes, if the sureties had already annexed an affidavit showing sufficient qualifications as bail, under section 818.17, at the time the bond was delivered to the sheriff, the judge may order the plaintiff to pay the costs of justification forthwith.
What must happen before that cost-shifting rule applies?
The sureties must have annexed the qualifying affidavit to the bond at the time of its delivery to the sheriff, before the justification hearing occurred.
What counts as costs of justification under this section?
The section includes fees paid to the sureties as witnesses at the hearing among the costs that can be shifted to the plaintiff.
Is filing the annexed examination with the court required?
Yes, once the judge finds the bail sufficient, the judge shall annex the examination to the bond and file it with the court.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 758, 777 (1975); Stats. 1975 s. 809.19; Sup. Ct. Order, 83 Wis. 2d xiii (1978); Stats. 1977 s. 818.19; 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 bail justification hearing outcomewho pays costs of bail justification wisconsinsurety affidavit of qualification wisconsinfiling bail bond examination wisconsin