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818.24.Exoneration of bail.

Ch. 818: Arrest and Bail · Last amended 1978 · Last verified July 15, 2026

In one sentenceSection 818.24 lists four ways bail is exonerated: the defendant’s death, the defendant’s imprisonment in a Wisconsin state prison, a discharge from the obligation to be amenable to process, or surrender to the sheriff of the arresting county within 20 days after suit against the bail begins, or any longer time the court allows.

Full Text of Section 818.24

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The bail may be exonerated either by the death of the defendant or imprisonment in the Wisconsin state prisons, or by discharge from the obligation to be amenable to the process, or by surrender to the sheriff of the county where arrested, in execution thereof, within 20 days after the commencement of the action against the bail or within such further time as may be granted by the court.

Plain-English Summary

Section 818.24 gives sureties a defined set of ways to be released from liability on a bail bond. Bail may be exonerated by the death of the defendant, by the defendant’s imprisonment in a Wisconsin state prison, by a discharge from the obligation to be amenable to process, or by surrender to the sheriff of the county where the defendant was arrested, carried out within 20 days after an action against the bail commences, or within any further time the court grants.

The surrender option connects directly to the requirement in section 818.23 that sureties be sued by action for a breach. Even after that action starts, the sureties still have a 20-day window, or a longer one if the court allows it, to surrender the defendant and avoid liability.

Taken together, these four grounds function as the sureties’ defense once a plaintiff sues on the bond, giving them routes to exoneration tied to the defendant’s fate or to a timely surrender.

Frequently Asked Questions

What events exonerate a civil bail bond in Wisconsin?

The death of the defendant, the defendant’s imprisonment in a Wisconsin state prison, a discharge from the obligation to be amenable to process, or a timely surrender to the sheriff of the county of arrest.

How long do sureties have to surrender the defendant to avoid liability once sued?

20 days after the action against the bail commences, or a longer time if the court grants it.

Does the defendant’s death always exonerate the sureties?

Section 818.24 lists it as one of the exonerating events, without adding further conditions to it in the text.

What does ’discharge from the obligation to be amenable to process’ mean in this section?

It is listed as its own exonerating event, referring to the defendant’s release from having to remain answerable to legal process in the case.

Can a court extend the 20-day surrender window?

Yes, section 818.24 allows the surrender to occur within such further time as may be granted by the court.

Amendment History

History: Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975); Stats. 1975 s. 809.24; 1977 c. 418; Sup. Ct. Order, 83 Wis. 2d xiiiv (1978); Stats. 1977 s. 818.24.

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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