If the motion be made upon affidavit on the part of the defendant but not otherwise, the plaintiff may oppose the same by affidavit or other proof, in addition to those on which the order of arrest was made.
818.29.Motion papers.
Ch. 818: Arrest and Bail · Last amended 1978 · Last verified July 15, 2026
In one sentenceSection 818.29 lets a plaintiff answer a defendant’s affidavit-based motion to vacate or reduce bail with the plaintiff’s own affidavits or other proof, beyond what supported the original arrest order, but only when the defendant’s motion itself rests on affidavit.
Full Text of Section 818.29
Plain-English Summary
Section 818.29 fills in the evidentiary side of the motion described in the section before it. If the motion to vacate the order of arrest or reduce bail is made upon affidavit on the defendant’s part, but not otherwise, the plaintiff may oppose it by affidavit or other proof.
The plaintiff is not confined to the material that was used to get the arrest order in the first place. The section lets the plaintiff’s opposing proof come in addition to whatever supported the original order, giving the plaintiff room to bring new evidence to keep the arrest and bail amount in place.
That right to respond, however, is tied to how the defendant’s motion is made: the section applies only when the defendant proceeds by affidavit, and by its own terms, not otherwise.
Frequently Asked Questions
Can the plaintiff respond with new evidence to a defendant’s motion to vacate the arrest?
Yes, if the defendant’s motion is made upon affidavit, the plaintiff may oppose it by affidavit or other proof.
Is the plaintiff limited to the material used to obtain the original arrest order?
No, the plaintiff’s opposing proof may be in addition to the proof on which the order of arrest was made.
What if the defendant’s motion is not based on affidavit?
The section limits this opposition right to a motion made upon affidavit on the defendant’s part, but not otherwise, so a differently supported motion falls outside its terms.
What type of proof can the plaintiff use to oppose the motion?
Affidavit or other proof.
Which motion does this section support?
The motion, addressed in the section before it, to vacate the order of arrest or reduce the amount of bail.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975); Stats. 1975 s. 809.29; Sup. Ct. Order, 83 Wis. 2d xiiiv (1978); Stats. 1977 s. 818.29.
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 opposing motion to vacate arrestplaintiff affidavit opposing bail reduction wisconsinmotion papers civil arrest wisconsins. 818.29 bail motion evidence