A defendant arrested may, at any time before the justification of bail, apply, on motion, to vacate the order of arrest or to reduce the amount of bail.
818.28.Vacation of order of arrest, etc.
Ch. 818: Arrest and Bail · Last amended 1978 · Last verified July 15, 2026
In one sentenceSection 818.28 lets an arrested defendant move, any time before bail is justified, to vacate the order of arrest entirely or to reduce the amount of bail.
Full Text of Section 818.28
Plain-English Summary
Section 818.28 gives a defendant an early exit ramp from a civil arrest. At any time before the justification of bail, the defendant may apply, on motion, to vacate the order of arrest or to reduce the amount of bail set.
The window is defined by the justification step covered elsewhere in this chapter: once justification of bail has occurred, this particular avenue is no longer described as available, since the section frames it as running only up to that point.
The motion practice this section sets up is filled out by the section that follows, which addresses what supporting papers, affidavits from the defendant and opposing proof from the plaintiff, the motion requires.
Frequently Asked Questions
Can a defendant challenge the order of arrest itself?
Yes, by moving, on motion, to vacate the order of arrest.
Can a defendant ask for a lower bail amount instead of vacating the arrest entirely?
Yes, section 818.28 lets the defendant move to reduce the amount of bail as an alternative to vacating the order.
Is there a deadline for making this motion?
Yes, it must be made at any time before the justification of bail.
What happens once bail has already been justified?
The section frames this option as available only before justification occurs, without describing what remedy, if any, remains once justification has taken place.
What supporting papers does this motion need?
The section that follows addresses the affidavits and other proof the motion and any opposition to it can rely on.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975); Stats. 1975 s. 809.28; Sup. Ct. Order, 83 Wis. 2d xiiiv (1978); Stats. 1977 s. 818.28.
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 motion to vacate order of arrestreduce bail amount wisconsin civil casechallenging civil arrest before justification wisconsins. 818.28 vacate order of arrest