reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 815 - Executions. › 815.58 - Execution sale; judgment, creditor's further remedy.

815.58
Execution sale; judgment, creditor's further remedy.
The party for whose benefit real estate was sold on execution and the party's personal representatives, upon recovery being had against him or her under s. 815.57 in consequence of any irregularity in such sale, may have further execution upon the judgment to levy the sum paid on such sale, with interest. Such judgment shall be effectual for that purpose against the defendant, the defendant's personal representative, heirs and devisees; but not against any purchaser in good faith or any encumbrancer whose title or whose encumbrance accrued before the levy of such execution.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 761, 781 (1975); Stats. 1975 s. 815.58; 1993 a. 486; 1995 a. 225.
2023 Wisconsin Statutes & Annotations › Chapter 815 - Executions. › 815.59 - Contribution when lands of several are sold on execution.

815.59
Contribution when lands of several are sold on execution.
(1)
When lands of several persons shall be liable to satisfy any final judgment and the whole of such judgment or more than a due proportion thereof shall be paid by one of such persons or shall be levied upon the lands of any one or more of such persons, the persons so aggrieved or their personal representatives may compel a just contribution by all the persons whose lands ought to contribute to said satisfaction.
(2)
Such lands are liable to contribution in the following order:
(a)
If they were conveyed by the defendant in the execution, they are liable in succession, commencing with the lands last conveyed.
(b)
If they were sold under execution against the defendant, they are liable in succession, commencing with the lands sold under the youngest judgment.
(c)
If there be lands so liable, which were conveyed by the defendant in execution, and also lands which were sold under execution against the defendant the lands are liable in succession, according to the order herein prescribed.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 815.59; 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 815 - Executions. › 815.61 - Proceedings to recover contribution.

815.61
Proceedings to recover contribution.
In an action to compel contribution under s. 815.59 the court shall, in a proper case, permit the plaintiff to use the original judgment and issue execution thereon, for the amount which ought to be contributed by the lands subject to the lien of such judgment, and for that purpose such original judgment shall remain a lien, when preserved as provided in s. 815.62, for the term of 10 years from the date of the entry thereof, to the extent of the sum which ought to be so contributed, but in all cases such liens shall continue for the purposes above stated for 3 years after any sale under which contribution is claimed.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 761, 781 (1975); Stats. 1975 s. 815.61.
2023 Wisconsin Statutes & Annotations › Chapter 815 - Executions. › 815.62 - Lien, how preserved after execution sale; clerk's fee.

815.62
Lien, how preserved after execution sale; clerk's fee.
To preserve the lien of the original judgment upon lands and subject them to sale on execution under s. 815.61, the person aggrieved shall, within 20 days after the payment for which he or she claims a contribution, file an affidavit with the clerk of circuit court in which the original judgment was rendered, stating the sum paid and his or her claim to use the judgment for the reimbursement of the payment. The clerk of circuit court shall enter in the judgment and lien docket the sum paid and that the judgment is claimed to be a lien in that amount. To preserve the lien upon property situated in a county other than the county where the circuit court that rendered the judgment is located, a similar affidavit and notice shall be filed with the clerk of circuit court for that county and a like entry made upon the judgment and lien docket in that county. The fee of the clerk of circuit court for making the entry is prescribed in s. 814.61 (5).
History:  Sup. Ct. Order, 67 Wis. 2d 585, 761, 781 (1975); Stats. 1975 s. 815.62; 1981 c. 317; 1995 a. 224.
2023 Wisconsin Statutes & Annotations › Chapter 815 - Executions. › 815.63 - Sheriff's deed; writ of assistance.

815.63
Sheriff's deed; writ of assistance.
Whenever title has been perfected to any real estate sold on execution, or to any part or interest in the real estate, and the defendant in execution, or any other person claiming under the defendant by title accruing subsequently to the entry of the judgment in the judgment and lien docket upon which the judgment was issued, shall be in possession of that real estate or part or interest in that real estate, and, upon demand of the person in whom the title has been perfected, refuses to surrender the possession, the person may apply to the court from which the execution issued, by verified petition, for a writ of assistance to obtain possession. A copy of this petition, with a notice of the time and place when and where the petition will be presented, shall be served upon the person against whom the writ is issued at least 10 days before the petition is presented. The petition may be served as a summons in an action in the circuit court. The court may direct the writ to issue, and the writ shall be executed and return made in the same manner as upon a sale upon a judgment for foreclosure of a mortgage.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 815.63; 1977 c. 449; 1995 a. 224.
Cross-references:  The general provision for writs of assistance is s. 815.11.
2023 Wisconsin Statutes & Annotations › Chapter 815 - Executions. › 815.64 - Judgment lien, how discharged on redemption.

815.64
Judgment lien, how discharged on redemption.
(1)
When any judgment debtor or person claiming under the judgment debtor has redeemed the lands or any part of or interest in the lands sold on execution the person or officer to whom the redemption money was paid shall execute, acknowledge and deliver to the redeemer a certificate, attested by 2 witnesses, containing all of the following:
(a)
A statement of the fact of the redemption.
(b)
The date of the redemption.
(c)
The amount of money paid to redeem the lands or interests in lands.
(d)
A description of the lands or interests in the lands so redeemed.
(2)
A certificate executed under sub. (1) may be recorded in the office of the register of deeds of the county in which the lands are situated, and shall be presumptive evidence of the redemption of the lands described in the certificate from the execution sale and from the lien of the judgment by virtue of which the execution sale was made.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 815.64; 1993 a. 486; 1997 a. 254.
2023 Wisconsin Statutes & Annotations › Chapter 816 - Remedies supplementary to execution. › 816.03 - Debtor may be compelled to answer as to property.

816.03
Debtor may be compelled to answer as to property.
(1)
(a)
When an execution against property has, within 5 years, been returned unsatisfied in whole or in part or the officer holding the execution certifies that the officer is unable to levy upon property sufficient to satisfy the judgment or the judgment creditor by affidavit satisfies the court or judge that the judgment debtor, whether an individual, firm, corporation or other association, has property which the judgment debtor unlawfully refuses to apply towards the satisfaction of the judgment, the court or a judge of the county to which the execution was issued shall, upon motion of the judgment creditor, order such judgment debtor, whether an individual, firm, corporation or other association, to appear before the court or judge and answer concerning the judgment debtor's property at a time and place specified in the order, within said county.
(b)
A supplemental court commissioner upon application of a judgment creditor shall order any judgment debtor to appear before the supplemental court commissioner and answer concerning the judgment debtor's property at a time and place specified in the order, within said county, in lieu of the procedure set forth in par. (a).
(2)
The fact that garnishee proceedings have been commenced in aid of or that property has been levied on under a second execution shall not bar proceedings under this section; but if it appears to the satisfaction of the court or judge before whom such proceedings are pending that the property levied on or garnisheed will be sufficient to satisfy such judgment with costs, then the proceedings herein provided for may be dismissed or adjourned to a time after the sale under such execution or the termination of such garnishee proceedings.
History:  1971 c. 123; Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 816.03; 1993 a. 213, 486; 2001 a. 61.
A judgment creditor may examine the spouse of a judgment debtor in regard to the amount and location of marital property that might be available to satisfy a judgment. Courtyard Condominium Association, Inc. v. Draper, 2001 WI App 115, 244 Wis. 2d 153, 629 N.W.2d 38, 00-1817.
Supplemental proceedings under this chapter are a discovery tool in aid of judgment collection. Serving a debtor with an order to appear for supplemental proceedings does not give rise to a blanket lien on all of the debtor's personal property. A judgment creditor obtains an interest in a judgment debtor's identified, non-exempt personal property superior to other unsecured creditors when it dockets its money judgment, identifies specific personal property, and levies that property. Associated Bank N.A. v. Collier, 2014 WI 62, 355 Wis. 2d 343, 852 N.W.2d 443, 11-2597.
2023 Wisconsin Statutes & Annotations › Chapter 816 - Remedies supplementary to execution. › 816.035 - Commissioners' orders; service and return; filing; fees.

816.035
Commissioners' orders; service and return; filing; fees.
(1)
An order under s. 816.03 (1) issued by a supplemental court commissioner shall be served in the same manner as the service of a summons under s. 801.11. The return on the order shall be made to the supplemental commissioner who issued the order. The supplemental commissioner shall file the order and the return with the clerk of the court in which the judgment involved is entered.
(2)
Upon issuance of the order, the supplemental court commissioner shall collect the fee prescribed in s. 814.68 (2) for attendance upon the examination.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 761, 781 (1975); Stats. 1975 s. 816.035; 1981 c. 317; 1993 a. 22; 2001 a. 61.
2023 Wisconsin Statutes & Annotations › Chapter 816 - Remedies supplementary to execution. › 816.04 - Appointment of receiver.

816.04
Appointment of receiver.
A receiver may be appointed but before appointing a receiver the court or judge shall ascertain, if practicable, whether any other supplementary proceedings are pending against the judgment debtor, and if there be any, the plaintiff therein shall have notice to appear and shall have notice of all subsequent proceedings in relation to such receivership. There shall be but one receivership at any time.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 816.04.
Violation of the “one receivership" rule does not create a statutory right of action in a judgment debtor. Candee v. Egan, 84 Wis. 2d 348, 267 N.W.2d 890 (1978).
A receiver's lien is governed by common law, as this section is silent on the subject. The lien is superior against other creditors claims on simple contracts from the time the creditor serves the debtor with notice to appear at supplementary proceedings under this chapter. No additional steps to perfect the lien are required. Mann v. Bankruptcy Estate of Badger Lines, Inc., 224 Wis. 2d 646, 590 N.W.2d 270 (1999), 98-0888. But see Associated Bank N.A. v. Collier, 2014 WI 62, 355 Wis. 2d 343, 852 N.W.2d 443, 11-2597.
2023 Wisconsin Statutes & Annotations › Chapter 816 - Remedies supplementary to execution. › 816.05 - Warrant against debtor.

816.05
Warrant against debtor.
Upon satisfactory proof by affidavit that there is danger of the judgment debtor's leaving the state or concealing himself or herself and that there is reason to believe that the judgment debtor has property which the judgment debtor unjustly refuses to apply to such judgment, the court or judge may issue a warrant requiring the sheriff to arrest and bring the judgment debtor before such court or judge to answer concerning the judgment debtor's property.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 816.05; 1993 a. 486.
Cross-reference:  See s. 425.113 which prohibits warrants against the person of a customer with respect to a claim arising from a consumer credit transaction.
Section 425.113 does not exempt a person from being required to appear and make a disclosure under oath in a supplementary proceeding held under this chapter. Lawful and reasonable court orders may compel attendance, disobedience of which is subject to contempt of court. Smith v. Burns, 65 Wis. 2d 638, 223 N.W.2d 562 (1974).
2023 Wisconsin Statutes & Annotations › Chapter 816 - Remedies supplementary to execution. › 816.06 - Examination of debtor and witnesses.

816.06
Examination of debtor and witnesses.
At the hearing upon such order or warrant such judgment debtor may be examined on oath and testimony on the part of either party may be offered.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 816.06.
A judgment creditor may examine the spouse of a judgment debtor in regard to the amount and location of marital property that might be available to satisfy a judgment. Courtyard Condominium Association, Inc. v. Draper, 2001 WI App 115, 244 Wis. 2d 153, 629 N.W.2d 38, 00-1817.
This section does not grant a judgment creditor the right to compel a non-judgment debtor third party to testify at supplemental proceedings. Crown Castle USA, Inc. v. Orion Logistics, LLC, 2012 WI 29, 339 Wis. 2d 252, 811 N.W.2d 332, 09-3029.
2023 Wisconsin Statutes & Annotations › Chapter 816 - Remedies supplementary to execution. › 816.07 - Bond; commitment.

816.07
Bond; commitment.
If it shall appear upon or pending any such examination that there is danger of the debtor leaving the state and that the debtor has property which the debtor has unjustly refused to apply to such judgment, the judgment debtor may be ordered to give a bond with one or more sureties, that the judgment debtor will from time to time attend before the court or judge, as the court or judge shall direct, and that the judgment debtor will not, during the pendency of the proceedings, dispose of any property not exempt from execution. In default of such bond the judgment debtor may be committed to prison as for a contempt.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 816.07; 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 816 - Remedies supplementary to execution. › 816.08 - Property to be applied to judgment.

816.08
Property to be applied to judgment.
The court or judge may order any property of the judgment debtor or due to the judgment debtor, not exempt from execution, to be applied toward the satisfaction of the judgment; but if it appear that any person alleged to have property of the judgment debtor or to be indebted to the judgment debtor claims an adverse interest in the property or denies the debt, such interest or debt shall be recoverable only in an action against such person by the receiver; and a transfer or other disposition of such property or interest may be restrained till a sufficient opportunity be given to the receiver to commence the action and prosecute the same to judgment and execution or until security therefor shall be given as ordered.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 816.08; 1993 a. 486.
In a supplementary proceeding, no issue can be tried between a receiver or judgment creditor and a 3rd person as to rights in property. DOR v. Milwaukee Mack Sales, 91 Wis. 2d 1, 280 N.W.2d 274 (1979).
Supplemental proceedings under this chapter are a discovery tool in aid of judgment collection. Serving a debtor with an order to appear for supplemental proceedings does not give rise to a blanket lien on all of the debtor's personal property. A judgment creditor obtains an interest in a judgment debtor's identified, non-exempt personal property superior to other unsecured creditors when it dockets its money judgment, identifies specific personal property, and levies that property. Associated Bank N.A. v. Collier, 2014 WI 62, 355 Wis. 2d 343, 852 N.W.2d 443, 11-2597.
2023 Wisconsin Statutes & Annotations › Chapter 816 - Remedies supplementary to execution. › 816.11 - Costs, fees.

816.11
Costs, fees.
The court or judge may allow to the judgment creditor or to any party so examined, whether a party to the action or not, witness' fees and disbursements and a fixed sum, in addition, not exceeding $25, as costs, and require their payment by order.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 816.11.
2023 Wisconsin Statutes & Annotations › Chapter 818 - Arrest and bail. › 818.01 - In civil actions.

818.01
In civil actions.
(1)
No person may be arrested in a civil action except as prescribed by this chapter.
(2)
Arrest of a person subject to contempt proceedings under ch. 785 may, but need not, be in accordance with the procedure under this chapter.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975); Stats. 1975 s. 809.01; Sup. Ct. Order, 83 Wis. 2d xiiiv (1978); Stats. 1977 s. 818.01; 1985 a. 29.
2023 Wisconsin Statutes & Annotations › Chapter 818 - Arrest and bail. › 818.02 - When arrests may be made.

818.02
When arrests may be made.
The defendant may be arrested as hereinafter prescribed in the following cases:
(1)
In an action for the recovery of damages on a cause of action not arising out of contract, where the defendant is not a resident of the state, or is about to remove therefrom, or where the action is for an injury to person or character, or for seduction, or for criminal conversation, or for injuring, or for wrongfully taking, detaining or converting property, and in actions to recover damages for the value of property obtained by the defendant under false pretenses or false tokens.
(2)
In an action for fine or penalty, or for money received, or for property embezzled or fraudulently misapplied by a public officer or by an attorney, solicitor or counsel, or by an officer or agent of a corporation or banking association, in the course of his or her employment as such, or by any factor, agent, broker or any person in a fiduciary capacity, or for any misconduct or neglect in office or in a professional employment.
(3)
In an action to recover possession of personal property unjustly detained where the property or any part thereof has been concealed, removed or disposed of so that it cannot be found or taken by the sheriff.
(4)
Subsections (1) and (3) do not apply to any security agreement under which the plaintiff claims a purchase money security interest, as defined in s. 409.103.
(5)
In a proceeding to enforce the duty of child support or maintenance.
(6)
In a proceeding to determine paternity or to establish or revise a child support or maintenance obligation, if the court or a circuit court commissioner finds that the petitioner cannot effect service of process upon the respondent despite due diligence on the part of the petitioner or after the respondent is personally served but fails to appear on the return date, on the date set for the pretrial hearing or on the date set for the trial.
(7)
In an action for a forfeiture under s. 961.573 (2), 961.574 (2) or 961.575 (2) or under a local ordinance strictly conforming to s. 961.573 (1) or (2), 961.574 (1) or (2), or 961.575 (1) or (2).
(8)
In an action for a forfeiture under a local ordinance enacted under s. 59.54 (25m).
(9)
In a proceeding under s. 813.1285.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975); Stats. 1975 s. 809.02; Sup. Ct. Order, 83 Wis. 2d xiiiv (1978); Stats. 1977 s. 818.02; 1979 c. 352; 1983 a. 447; 1985 a. 29; 1989 a. 121; 1993 a. 481, 486; 1995 a. 448; 2001 a. 10, 61; 2003 a. 193; 2005 a. 116; 2013 a. 321.
2023 Wisconsin Statutes & Annotations › Chapter 818 - Arrest and bail. › 818.03 - Order of arrest, by whom made.

818.03
Order of arrest, by whom made.
An order for the arrest of the defendant must be obtained from the court in which the action is brought or a judge.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975); Stats. 1975 s. 809.03; Sup. Ct. Order, 83 Wis. 2d xiiiv (1978); Stats. 1977 s. 818.03.
2023 Wisconsin Statutes & Annotations › Chapter 818 - Arrest and bail. › 818.04 - Order, when made.

818.04
Order, when made.
The order may be made where it shall appear by affidavit that a cause of action exists, and that it is one of those mentioned in s. 818.02.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975), 777; Stats. 1975 s. 809.04; Sup. Ct. Order, 83 Wis. 2d xiiiv (1978); Stats. 1977 s. 818.04.
2023 Wisconsin Statutes & Annotations › Chapter 818 - Arrest and bail. › 818.05 - Bond of plaintiff.

818.05
Bond of plaintiff.
Before making the order for arrest the court or judge shall require a bond of the plaintiff, with or without sureties, to the effect that if the plaintiff fails to recover, the plaintiff will pay all costs that may be awarded to the defendant and all damages which the defendant may sustain by reason of the arrest, not exceeding the sum specified in the bond, which shall be at least $100. If the bond be executed by the plaintiff without sureties the plaintiff shall annex thereto an affidavit that the plaintiff is a resident and householder or freeholder within the state and worth double the sum specified in the bond above all of the plaintiff's debts and liabilities in property in this state not exempt from execution. This section does not apply to an order for arrest in an action to determine paternity or to any action under ch. 767 brought by the state or its designee.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975); Stats. 1975 s. 809.05; Sup. Ct. Order, 83 Wis. 2d xiiiv (1978); Stats. 1977 s. 818.05; 1983 a. 447; 1989 a. 212; 1993 a. 486; 2001 a. 16.
2023 Wisconsin Statutes & Annotations › Chapter 818 - Arrest and bail. › 818.06 - Order for arrest, what to contain.

818.06
Order for arrest, what to contain.
The order for arrest may be made at any time before judgment. It shall direct the sheriff of a particular county or generally the sheriff of any county where the defendant may be found, and require the sheriff forthwith to arrest the defendant and hold the defendant to bail in a specified sum.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975); Stats. 1975 s. 809.06; Sup. Ct. Order, 83 Wis. 2d xiiiv (1978); Stats. 1977 s. 818.06; 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 818 - Arrest and bail. › 818.07 - Execution of order of arrest.

818.07
Execution of order of arrest.
The affidavit, bond and order of arrest shall be delivered to the sheriff who, upon arresting the defendant, shall deliver to the defendant copies thereof; and the sheriff shall, within 5 days after such arrest, endorse the sheriff's return on and file the originals with the clerk of the court in which the action is brought. The sheriff shall promptly notify the plaintiff's attorney of the execution of the order of arrest.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975); Stats. 1975 s. 809.07; Sup. Ct. Order, 83 Wis. 2d xiiiv (1978); Stats. 1977 s. 818.07; 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 818 - Arrest and bail. › 818.10 - Bail, how given.

818.10
Bail, how given.
The defendant may give a bail bond executed by 2 or more sufficient sureties, stating their places of residence and occupations, to the effect that the defendant shall, at all times, be amenable to the process of the court during the pendency of the action and to such as may be issued to enforce the judgment therein, or if the defendant is arrested for the cause mentioned in s. 818.02 (3), a bond executed by sufficient sureties, to the effect that they are bound in a sum double the value of the property.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 758, 777 (1975); Stats. 1975 s. 809.10; 1977 c. 308; Sup. Ct. Order, 83 Wis. 2d xiiiv (1978); Stats. 1977 s. 818.10; 1993 a. 481.
2023 Wisconsin Statutes & Annotations › Chapter 818 - Arrest and bail. › 818.11 - Deposit in lieu of bail.

818.11
Deposit in lieu of bail.
The defendant may, instead of giving a bond, deposit with the sheriff the amount mentioned in the order. The sheriff shall thereupon give the defendant a certificate of the deposit, and release the defendant.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975); Stats. 1975 s. 809.11; Sup. Ct. Order, 83 Wis. 2d xiiiv (1978); Stats. 1977 s. 818.11; 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 818 - Arrest and bail. › 818.12 - Payment of deposit.

818.12
Payment of deposit.
The sheriff shall, within 5 days after the deposit, deliver it to the clerk of the court, and shall take from the clerk duplicate certificates of deposit one of which the sheriff shall deliver to the plaintiff and the other to the defendant.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975); Stats. 1975 s. 809.12; Sup. Ct. Order, 83 Wis. 2d xiiiv (1978); Stats. 1977 s. 818.12; 1993 a. 486; 1995 a. 225.
2023 Wisconsin Statutes & Annotations › Chapter 818 - Arrest and bail. › 818.13 - Bail after deposit.

818.13
Bail after deposit.
If money be deposited as provided in s. 818.11 bail may be given and justified upon notice as prescribed in s. 818.16 any time before judgment, and thereupon the judge before whom the justification is had shall direct, in the order of allowance, that the money be refunded to the defendant.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 758, 777 (1975); Stats. 1975 s. 809.13; Sup. Ct. Order, 83 Wis. 2d xiiiv (1978); Stats. 1977 s. 818.13.
2023 Wisconsin Statutes & Annotations › Chapter 818 - Arrest and bail. › 818.14 - Application of deposit.

818.14
Application of deposit.
Where money remains on deposit at the time of judgment for the payment of money to the plaintiff, the clerk shall, under direction of the court, apply the same in satisfaction thereof, and refund the surplus to the defendant, except as provided in s. 814.61 (12) (c). If judgment be for the defendant the clerk shall return the deposit to the defendant.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975); Stats. 1975 s. 809.14; Sup. Ct. Order, 83 Wis. 2d xiiiv (1978); Stats. 1977 s. 818.14; 1989 a. 191; 1991 a. 32.
2023 Wisconsin Statutes & Annotations › Chapter 818 - Arrest and bail. › 818.15 - Sheriff's return to plaintiff; notice of nonacceptance.

818.15
Sheriff's return to plaintiff; notice of nonacceptance.
The sheriff shall, at the time the sheriff notifies the plaintiff or the plaintiff's attorney of the sheriff's execution of the order of arrest, deliver to the plaintiff or the plaintiff's attorney a certified copy of the bail bond. The plaintiff, within 10 days thereafter, may serve upon the sheriff a notice that the plaintiff does not accept the bail, or the plaintiff shall be deemed to have accepted it, and the sheriff shall be exonerated from liability.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975); Stats. 1975 s. 809.15; Sup. Ct. Order, 83 Wis. 2d xiiiv (1978); Stats. 1977 s. 818.15; 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 818 - Arrest and bail. › 818.16 - Notice of justification of bail.

818.16
Notice of justification of bail.
On receipt of such notice by the sheriff, the sheriff or the defendant may, within 10 days thereafter, give to the plaintiff or attorney by whom the order of arrest is subscribed notice of justification of the same or other bail, specifying the places of residence and occupation of the latter, before a judge of the court at a specified time and place; the time to be not less than 5 nor more than 10 days thereafter. In case other bail be given there shall be a new undertaking in the form prescribed in s. 818.10.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 758, 777 (1975); Stats. 1975 s. 809.16; Sup. Ct. Order, 83 Wis. 2d xiiiv (1978); Stats. 1977 s. 818.16; 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 818 - Arrest and bail. › 818.17 - Qualification of bail.

818.17
Qualification of bail.
Each surety must be a resident and freeholder within the state and be worth the amount specified in the order of arrest, above all the surety's liabilities, in property within this state, not exempt from execution; but a judge, on justification, may allow more than 2 sureties to justify severally in amounts less than that expressed in the order, if the whole justification equals twice the sum specified in the bond.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975); Stats. 1975 s. 809.17; Sup. Ct. Order, 83 Wis. 2d xiiiv (1978); Stats. 1977 s. 818.17; 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 818 - Arrest and bail. › 818.18 - Justification of bail.

818.18
Justification of bail.
For the purpose of justification each surety shall attend before the judge at the time and place mentioned in the notice, and may be examined on oath, on the part of the plaintiff, touching the surety's sufficiency. The examination shall be reduced to writing and subscribed by the surety, if required by the plaintiff.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975); Stats. 1975 s. 809.18; Sup. Ct. Order, 83 Wis. 2d xiiiv (1978); Stats. 1977 s. 818.18; 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 818 - Arrest and bail. › 818.19 - Proceedings on justification.

818.19
Proceedings on justification.
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.
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.
2023 Wisconsin Statutes & Annotations › Chapter 818 - Arrest and bail. › 818.20 - Surrender of principal.

818.20
Surrender of principal.
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).
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.
2023 Wisconsin Statutes & Annotations › Chapter 818 - Arrest and bail. › 818.21 - Arrest of principal by bail.

818.21
Arrest of principal by bail.
For the purpose of surrendering the defendant the sureties, at any time before they are finally charged, may arrest the defendant or by a written authority endorsed on a certified copy of the bond may empower any discreet person to do so.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975); Stats. 1975 s. 809.21; Sup. Ct. Order, 83 Wis. 2d xiiiv (1978); Stats. 1977 s. 818.21; 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 818 - Arrest and bail. › 818.22 - Custody of principal.

818.22
Custody of principal.
Every person surrendered in exoneration of the person's bail shall be kept in safe custody until the person shall satisfy the judgment rendered against the person or be discharged according to law.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975); Stats. 1975 s. 809.22; Sup. Ct. Order, 83 Wis. 2d xiiiv (1978); Stats. 1977 s. 818.22; 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 818 - Arrest and bail. › 818.23 - Proceedings against bail.

818.23
Proceedings against bail.
In case of breach of the bond the sureties may be proceeded against by action only.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975); Stats. 1975 s. 809.23; Sup. Ct. Order, 83 Wis. 2d xiiiv (1978); Stats. 1977 s. 818.23.
2023 Wisconsin Statutes & Annotations › Chapter 818 - Arrest and bail. › 818.24 - Exoneration of bail.

818.24
Exoneration of bail.
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.
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.
2023 Wisconsin Statutes & Annotations › Chapter 818 - Arrest and bail. › 818.25 - Sheriff's liability.

818.25
Sheriff's liability.
If, after being arrested, the defendant escape or be rescued, or bail be not given or justified, or a deposit be not made instead thereof the sheriff shall himself or herself be liable as bail. But the sheriff may discharge himself or herself from such liability by the giving and justification of bail as provided in ss. 818.16 to 818.19, at any time before process against the person of the defendant to enforce an order or judgment in the action.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 758, 777 (1975); Stats. 1975 s. 809.25; Sup. Ct. Order, 83 Wis. 2d xiiiv (1978); Stats. 1977 s. 818.25; 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 818 - Arrest and bail. › 818.26 - Proceedings against sheriff.

818.26
Proceedings against sheriff.
If a judgment be recovered against a sheriff upon the sheriff's liability as bail and an execution thereon be returned unsatisfied in whole or in part the same proceedings may be had on the official bond of the sheriff, to collect the delinquency, as in other cases of delinquency.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975); Stats. 1975 s. 809.26; Sup. Ct. Order, 83 Wis. 2d xiiiv (1978); Stats. 1977 s. 818.26; 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 818 - Arrest and bail. › 818.27 - Bail liable to sheriff.

818.27
Bail liable to sheriff.
The bail taken upon the arrest shall, unless they justify or other bail be given or justified, be liable to the sheriff by action for damages which the sheriff may sustain by reason of such omission.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975); Stats. 1975 s. 809.27; Sup. Ct. Order, 83 Wis. 2d xiiiv (1978); Stats. 1977 s. 818.27; 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 818 - Arrest and bail. › 818.28 - Vacation of order of arrest, etc.

818.28
Vacation of order of arrest, etc.
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.
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.
2023 Wisconsin Statutes & Annotations › Chapter 818 - Arrest and bail. › 818.29 - Motion papers.

818.29
Motion papers.
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.
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.
2023 Wisconsin Statutes & Annotations › Chapter 820 - Partition of personal property. › 820.01 - Complaint; trial, how had.

820.01
Complaint; trial, how had.
When any of the owners of personal property in common shall desire to have a division and they are unable to agree upon the same an action may be commenced for that purpose. Such action shall be tried by the court and if in its opinion a division of such property can be had without a sale thereof judgment shall be given accordingly and the property shall be divided, in accordance with the interest of the parties therein, and each owner shall be vested with the full title of the share awarded to the owner by the judgment in severalty. The court may appoint a receiver, enter an interlocutory or final judgment in order to do complete justice.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 762 (1975); 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 820 - Partition of personal property. › 820.02 - Sale, how conducted.

820.02
Sale, how conducted.
When a division cannot be had without injury to some of the parties interested the court shall order a sale and the sheriff of the county or some other person appointed by said court, shall sell said property, after giving 10 days' notice by posting notices of such sale in 3 public places in the town, city or village where such property is found, at public auction, and the bill of sale of such sheriff or person so appointed shall convey to the purchaser such title, interest and estate in said property as the respective tenants in common had, and the sheriff or person appointed shall forthwith report to the court all his or her proceedings, and the court on confirming the sale shall order the payment to each tenant in common of his or her ratable share of the proceeds of such sale.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 762 (1975); 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 820 - Partition of personal property. › 820.03 - Costs of sale.

820.03
Costs of sale.
The sheriff or other person appointed to make a sale shall be entitled to compensation for his or her services to be fixed by the court and taxed in the bill of costs against the defendant in such action where the court shall find that such defendant unreasonably refused to divide or sell said property and divide the proceeds thereof upon the application of the plaintiff, otherwise such sheriff or other person shall be paid out of the common proceeds of such sale.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 762 (1975); 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 821 - Uniform certification of questions of law rule. › 821.01 - Power to answer.

821.01
Power to answer.
The supreme court may answer questions of law certified to it by the supreme court of the United States, a court of appeals of the United States or the highest appellate court of any other state when requested by the certifying court if there are involved in any proceeding before it questions of law of this state which may be determinative of the cause then pending in the certifying court and as to which it appears to the certifying court there is no controlling precedent in the decisions of the supreme court and the court of appeals of this state.
History:  Sup. Ct. Order, 107 Wis. 2d xiii (1982).
Judicial Council Note, 1982: This section provides that the supreme court has the right to answer questions certified to it; it is not mandatory. Under some circumstances it is possible that the court might decide not to answer a certified question. See, for example, Atlas Life Insurance Co. v. W. I. Southern, Inc., 306 U.S. 563 (1939) and National Labor Relations Board v. White Swan, 313 U.S. 23 (1941) (in both cases the Supreme court of the United States refused to answer certified questions).
The courts listed as the courts which may certify questions are the Supreme Court of the United States and the federal Courts of Appeals. Also included are the highest appellate courts of other states. This provision allows certification of questions in conflicts cases. [Re Order effective January 1, 1983]
2023 Wisconsin Statutes & Annotations › Chapter 821 - Uniform certification of questions of law rule. › 821.02 - Method of invoking.

821.02
Method of invoking.
This chapter may be invoked by an order of any of the courts referred to in s. 821.01 upon the court's own motion or upon the motion of any party to the cause.
History:  Sup. Ct. Order, 107 Wis. 2d xiii (1982).
2023 Wisconsin Statutes & Annotations › Chapter 821 - Uniform certification of questions of law rule. › 821.03 - Contents of certification order.

821.03
Contents of certification order.
A certification order shall set forth:
(1)
The questions of law to be answered; and
(2)
A statement of all facts relevant to the questions certified and showing fully the nature of the controversy in which the questions arose.
History:  Sup. Ct. Order, 107 Wis. 2d xiii (1982).
Judicial Council Note, 1982: The certification order in the statement of facts should present all of the relevant facts. The purpose is to give the answering court a complete picture of the controversy so that the answer will not be given in a vacuum. The certifying court could include exhibits, excerpts from the record, summary of the facts found by the court, and any other document which will be of assistance to the answering court. [Re Order effective January 1, 1983]
2023 Wisconsin Statutes & Annotations › Chapter 821 - Uniform certification of questions of law rule. › 821.04 - Preparation of certification order.

821.04
Preparation of certification order.
The certification order shall be prepared by the certifying court, signed by the judge presiding at the hearing, and forwarded to the supreme court by the clerk of the certifying court under its official seal. The supreme court may require the original or copies of all or of any portion of the record before the certifying court to be filed with the certification order, if, in the opinion of the supreme court, the record or portion thereof may be necessary in answering the questions.
History:  Sup. Ct. Order, 107 Wis. 2d xiii (1982).
2023 Wisconsin Statutes & Annotations › Chapter 821 - Uniform certification of questions of law rule. › 821.05 - Costs of certification.

821.05
Costs of certification.
Fees and costs shall be the same as in civil appeals filed in the court of appeals and shall be equally divided between the parties unless otherwise ordered by the certifying court in its order of certification.
History:  Sup. Ct. Order, 107 Wis. 2d xiii (1982); 1995 a. 224.
2023 Wisconsin Statutes & Annotations › Chapter 821 - Uniform certification of questions of law rule. › 821.07 - Opinion.

821.07
Opinion.
The written opinion of the supreme court stating the law governing the questions certified shall be sent by the clerk under the seal of the supreme court to the certifying court and to the parties.
History:  Sup. Ct. Order, 107 Wis. 2d xiii (1982).
2023 Wisconsin Statutes & Annotations › Chapter 821 - Uniform certification of questions of law rule. › 821.08 - Power to certify.

821.08
Power to certify.
The supreme court or the court of appeals of this state, on its own motion or the motion of any party, may order certification of questions of law to the highest court of any state when it appears to the certifying court that there are involved in any proceeding before the court questions of law of the receiving state which may be determinative of the cause then pending in the certifying court and it appears to the certifying court that there are no controlling precedents in the decisions of the highest court or intermediate appellate courts of the receiving state.
History:  Sup. Ct. Order, 107 Wis. 2d xiii (1982).
Judicial Council Note, 1982: This section allows the appellate courts of this state to certify to the highest court of another state. This could prove to be very useful in the case of conflicts of laws where a Wisconsin court wishes to apply the law of another state. If that state's law is unclear on the point, a question could be certified. This is the reciprocal provision to the provisions of s. 821.01 governing certification of questions to the Wisconsin supreme court by the appellate courts of other states. [Re Order effective January 1, 1983]
2023 Wisconsin Statutes & Annotations › Chapter 821 - Uniform certification of questions of law rule. › 821.10 - Severability.

821.10
Severability.
If any provision of this chapter or the application thereof to any person, court, or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
History:  Sup. Ct. Order, 107 Wis. 2d xiii (1982).
2023 Wisconsin Statutes & Annotations › Chapter 822 - Uniform child custody jurisdiction and enforcement act. › 822.01 - Short title; purposes; construction of provisions.

822.01
Short title; purposes; construction of provisions.
(1)
This chapter may be cited as the “Uniform Child Custody Jurisdiction and Enforcement Act."
(2)
The general purposes of this chapter are to do all of the following:
(a)
Avoid jurisdictional competition and conflict with courts of other states in matters of child custody that have in the past resulted in the shifting of children from state to state with harmful effects on their well-being.
(b)
Promote cooperation with the courts of other states to the end that a custody decree is rendered in the state that can best decide the case in the interest of the child.
(c)
Discourage the use of the interstate system for continuing controversies over child custody.
(d)
Deter abductions of children.
(e)
Avoid relitigation in this state of custody decisions of other states.
(f)
Facilitate the enforcement of custody decrees of other states.
History:  2005 a. 130.
2023 Wisconsin Statutes & Annotations › Chapter 822 - Uniform child custody jurisdiction and enforcement act. › 822.04 - Application to Indian tribes.

822.04
Application to Indian tribes.
(1)
A child custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act, 25 USC 1901 et seq., is not subject to this chapter to the extent that it is governed by the Indian Child Welfare Act.
(2)
A court of this state shall treat a tribe as if it were a state for the purpose of applying subchs. I and II.
(3)
A child custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of this chapter shall be recognized and enforced under subch. III.
History:  2005 a. 130.
2023 Wisconsin Statutes & Annotations › Chapter 822 - Uniform child custody jurisdiction and enforcement act. › 822.05 - International application.

822.05
International application.
(1)
A court of this state shall treat a foreign country as if it were a state for the purpose of applying this subchapter and subch. II.
(2)
Except as provided in sub. (3), a child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this chapter shall be recognized and enforced under subch. III.
(3)
A court of this state need not apply this chapter if the child custody law of a foreign country violates fundamental principles of human rights.
History:  2005 a. 130.
2023 Wisconsin Statutes & Annotations › Chapter 822 - Uniform child custody jurisdiction and enforcement act. › 822.06 - Effect of child custody determination.

822.06
Effect of child custody determination.
A child custody determination made by a court of this state that had jurisdiction under this chapter binds all persons who have been served in accordance with the laws of this state or notified in accordance with s. 822.08 or who have submitted to the jurisdiction of the court, and who have been given an opportunity to be heard. As to those persons, the determination is conclusive as to all decided issues of law and fact except to the extent that the determination is modified.
History:  2005 a. 130.