At any time before a failure to comply with their bond the sureties may surrender the defendant in their exoneration or the defendant may surrender to the sheriff of the county where the defendant was arrested. A certified copy of the bail bond shall be delivered to the sheriff, who shall detain the defendant in the sheriff’s custody, as upon an order of arrest, and shall, in writing, acknowledge the surrender. Upon the production of a copy of the bond and the sheriff’s certificate a judge may, upon 8 days’ notice to the plaintiff, order that the bail be exonerated. But this section shall not apply to the arrest for the causes mentioned in s. 818.02 (3).
818.20.Surrender of principal.
Ch. 818: Arrest and Bail · Last amended 1995 · Last verified July 15, 2026
In one sentenceSection 818.20 lets sureties, or the defendant, surrender the defendant to the sheriff of the county of arrest any time before a bond default, after which the sheriff must detain the defendant and acknowledge the surrender in writing, and a judge may exonerate the bail on eight days’ notice to the plaintiff, except for arrests grounded in causes described in a related section.
Full Text of Section 818.20
Plain-English Summary
Section 818.20 gives sureties a way out of their exposure on a bail bond before things go wrong. At any time before failing to comply with the bond, the sureties may surrender the defendant in their exoneration. The defendant can also surrender directly to the sheriff of the county where the arrest happened, without waiting for the sureties to act first.
Carrying out a surrender takes a few steps: a certified copy of the bail bond goes to the sheriff, who then detains the defendant as if under the original order of arrest and acknowledges the surrender in writing. From there, upon producing a copy of the bond and the sheriff’s certificate, a judge may, on eight days’ notice to the plaintiff, order the bail exonerated.
The section carves out one exception: this surrender procedure does not apply to arrests made for the causes described in section 818.02 (3), a different category of civil arrest addressed elsewhere in this chapter.
Frequently Asked Questions
Can sureties get out of their bail obligation by surrendering the defendant?
Yes, at any time before failing to comply with their bond, the sureties may surrender the defendant in their exoneration.
Can the defendant surrender without the sureties initiating it?
Yes, the defendant may surrender directly to the sheriff of the county where the defendant was arrested.
What must the sheriff do once a defendant is surrendered?
The sheriff detains the defendant as upon an order of arrest, and acknowledges the surrender in writing, after a certified copy of the bail bond is delivered.
How does the bail get formally exonerated after a surrender?
Upon production of a copy of the bond and the sheriff’s certificate, a judge may order the bail exonerated, on eight days’ notice to the plaintiff.
Does this surrender procedure apply to every type of civil arrest under this chapter?
No, section 818.20 states it does not apply to arrests for the causes mentioned in section 818.02 (3).
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 758, 777 (1975); Stats. 1975 s. 809.20; Sup. Ct. Order, 83 Wis. 2d xiiiv (1978); Stats. 1977 s. 818.20; 1993 a. 481, 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
Also known as: wisconsin surrender of bail principalsurety surrender defendant civil bail wisconsinexonerating bail wisconsin eight days noticesheriff detain surrendered defendant wisconsin