Law

Title 5 Courts

Wyoming · 5 · statute

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Contents: 382 provisions

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382 provisions

5-2-207. Deputy clerk; liability of clerk for acts of deputy.

The clerk of the supreme court shall be liable on his official bond for all the acts of his deputy as clerk.

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5-2-301. Office created; appointment; term.

There shall be a bailiff of the supreme court, who shall be appointed by the justices of said court, and who shall hold his office during the pleasure of said justices.

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5-2-302. Powers and duties generally.

It shall be the duty of said bailiff to attend the sessions of said court and preserve order therein; and he shall possess authority to execute and serve summons in error, and other writs and orders, issued out of and under the seal of said court, and orders issued by the justices of said court or either of them; and he shall perform such other duties as may be required of him by said court or the justices thereof.

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5-2-303. Fees.

The bailiff of the supreme court, for serving any summons in error, or order, shall collect and pay into the state treasury, the same fee which is provided by law for sheriffs for similar services.

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5-2-304. Salary.

The bailiff shall receive an annual salary to be determined by the supreme court which shall be paid in monthly installments in the same manner as other state salaries are paid.

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5-2-401. Authority to contract for publication of reports.

The supreme court of the state of Wyoming is hereby vested with full and complete authority to arrange and contract for timely publication of its opinions from time to time, as may be required, and the legislature shall make adequate appropriation to defray the expenses thereof.

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5-2-402. Distribution of copies of reports.

The books delivered to the librarian shall be distributed as provided in this section. One (1) copy of each volume shall upon request be delivered to each justice of the supreme court and to each district judge there shall upon request be delivered as many copies as he has counties in his district. The books shall be retained in the offices of said officials and by them delivered to their respective successors in office. One (1) copy may be furnished to the library of the supreme court of the United States at Washington, one (1) copy to the office of the attorney general of the United States, and one (1) copy to the United States district court for the district of Wyoming. The remaining copies may be used in exchange for the reports of other states and territories and governments as may be determined upon by the justices of the supreme court, and a reasonable number may be kept in the state law library.

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5-2-403. Repealed By Laws 2013, Ch 6, § 2.

Repealed By Laws 2013, Ch 6, § 2.

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5-2-501. Expenditures.

The judges of the supreme court shall superintend and direct all expenditures of money for the law library.

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5-2-502. Session law exchange.

Upon request, the state law librarian may send to the library of each state and territory of the United States, free of expense, one (1) copy of the session laws of this state in exchange for the laws of the requesting state or territory. All the laws received in the exchange shall be deposited by the state law librarian in the state law library and become the property of this state.

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5-3-101. Judicial districts enumerated; terms of court.

(a) The state of Wyoming is divided into judicial districts as follows: (i) The county of Laramie is the first judicial district; (ii) The counties of Albany and Carbon are the second judicial district; (A) Repealed by Laws 2019, ch. 54, § 2. (B) Repealed by Laws 2019, ch. 54, § 2. (iii) The counties of Sweetwater, Lincoln and Uinta are the third judicial district; (A) Repealed by Laws 2019, ch. 54, § 2. (B) Repealed by Laws 2019, ch. 54, § 2. (C) Repealed by Laws 2019, ch. 54, § 2. (iv) The counties of Johnson and Sheridan are the fourth judicial district; (A) Repealed by Laws 2019, ch. 54, § 2. (B) Repealed by Laws 2019, ch. 54, § 2. (v) The counties of Big Horn, Hot Springs, Park and Washakie are the fifth judicial district; (A) Repealed by Laws 2019, ch. 54, § 2. (B) Repealed by Laws 2019, ch. 54, § 2. (C) Repealed by Laws 2019, ch. 54, § 2. (D) Repealed by Laws 2019, ch. 54, § 2. (vi) The counties of Campbell, Crook and Weston are the sixth judicial district; (A) Repealed by Laws 2019, ch. 54, § 2. (B) Repealed by Laws 2019, ch. 54, § 2. (C) Repealed by Laws 2019, ch. 54, § 2. (vii) Natrona county is the seventh judicial district; (viii) The counties of Converse, Platte, Goshen and Niobrara are the eighth judicial district; (A) Repealed by Laws 2019, ch. 54, § 2. (B) Repealed by Laws 2019, ch. 54, § 2. (C) Repealed by Laws 2019, ch. 54, § 2. (D) Repealed by Laws 2019, ch. 54, § 2. (ix) The counties of Fremont, Teton and Sublette are the ninth judicial district. (A) Repealed by Laws 2019, ch. 54, § 2. (B) Repealed by Laws 2019, ch. 54, § 2. (C) Repealed by Laws 2019, ch. 54, § 2. (b) Notwithstanding any other provision of law, there shall be one (1) continuous term of court for the district courts of the state. The continuous term of court shall in no way affect the power of a court to take action in any cause or matter.

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5-3-102. Number of judges; distribution among districts;

concurrent jurisdiction; judicial conference to adopt rules. (a) There shall be two (2) judges of the district court in the second, fourth, fifth and eighth judicial districts, three (3) judges of the district court in the ninth judicial district and four (4) judges of the district court in the first, third, sixth and seventh judicial districts. In the second judicial district, one (1) judge shall reside in Albany county and one (1) shall reside in Carbon county. In the third judicial district two (2) judges shall reside in Sweetwater county. In the fourth judicial district, one (1) judge shall reside in Sheridan county and one (1) shall reside in Johnson county. In the ninth judicial district one (1) judge shall reside in Fremont county, one (1) judge shall reside in Teton county and one (1) judge shall reside in Sublette county. All district judges in the state shall have concurrent jurisdiction throughout the state and for purposes of assignment, shall have concurrent jurisdiction throughout the state with all circuit court judges. (b) The district courts shall be free of administrative and fiscal control by the supreme court. There shall be a judicial conference comprised of all district judges which shall meet no less than twice per year. The conference shall coordinate improvement efforts with the judicial administrative conference and shall report to the joint judiciary interim committee of such efforts annually on or before November 1. The conference shall adopt rules governing the organization and procedures of the conference which shall be published in the court rules volume of the Wyoming statutes. The conference shall adopt rules, which shall be binding on all of the district judges, governing the administration of the district courts to include, without limitation, personnel, fiscal and budgetary policy except technology which shall be done to provide an integrated statewide system in accordance with the efforts of the judicial technology task force. The judicial conference shall also adopt suitable rules to provide for division of the work between the judges in multi-judge districts. The judicial conference shall keep minutes of all meetings which, along with all rules adopted by the conference, shall be filed with the supreme court and be made available to the public.

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5-3-103. Repealed by Laws 2019, ch. 54, § 2.

Repealed by Laws 2019, ch. 54, § 2.

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5-3-104. Repealed by Laws 2019, ch. 54, § 2.

Repealed by Laws 2019, ch. 54, § 2.

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5-3-105. Repealed by Laws 2019, ch. 54, § 2.

Repealed by Laws 2019, ch. 54, § 2.

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5-3-106. Judges to hold court for each other.

The judges of the several district courts shall hold courts for each other, when from any cause, any judge of a district court is unable to act or to hear, try or determine any cause in his district; and in such event the judge so disqualified or unable to act shall call upon one (1) of the other judges of the district court to hear, try and determine such cause, and the said judge so called upon, shall try, hear or determine said cause with all the jurisdiction, power and authority possessed by the judge of the district court of the district whereto he is called to act as judge.

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5-3-107. Assignment of acting or retired judge to another district in case of death or other emergency.

If any judge of any district court in this state shall die, or for any reason become unwilling or unable to perform the duties of his office, the chief justice of the supreme court of the state of Wyoming, by order to be duly entered in the records of the district court of each county in such district, may assign any district judge or any retired judge of this state, to perform any and all judicial functions therein, until a successor for such district shall have been appointed or elected and qualified according to law, and such assigned judge shall have the same jurisdiction and authority in such district as a duly elected and qualified judge of such district.

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5-3-108. Expenses of judges while acting on supreme bench.

All traveling expenses incurred by any district judge while traveling to and from the capitol at Cheyenne, for the purpose of sitting at the supreme court to hear and determine cases presented before said court, and his expenses at the capitol, while so engaged, shall be charged to the contingent fund of the supreme court.

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5-3-109. Expenses of judges when acting in another district or circuit.

The expenses of any district judge holding court in any district other than his own or in any circuit court pursuant to assignment under W.S. 5-9-131, including his traveling expenses to and from said district or circuit, and his expenses while holding court therein, shall be charged to the contingent fund of the court in whose district he is so holding court or to the contingent fund of the circuit court in whose circuit he is so holding court pursuant to assignment under W.S. 5-9-131.

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5-3-110. Seal of the district court.

Each county shall provide the clerk of its district court with a seal, the impression of which shall contain the following words: "The District Court of Wyoming", together with the name of the county in which the same is to be used.

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5-3-111. County law library.

The board of county commissioners shall have the power to establish and maintain in their respective counties, a county law library, for the use and benefit of the judge of the district court and other citizens of the state and shall have the power to appropriate and set aside for the maintenance and support of said library, such moneys as it shall deem necessary or see fit. The district court of such county shall superintend and direct all expenditures made for said library, and shall have full power to make any rules and regulations, proper and necessary for the preservation, increase and use of the library, not inconsistent with law.

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5-3-112. Assignment to circuit court judge or chancery court judge.

(a) A judge of the district court may assign to a circuit court judge or a chancery court judge any case or proceeding within the jurisdiction of the district court subject only to the following restrictions: (i) Rules promulgated by the supreme court; (ii) Acceptance of the judge to whom the assignment of the case or proceeding is to be made; (iii) Consent of each plaintiff and each defendant in a civil action; and (iv) Consent of both the prosecutor and the defendant in a criminal case in which the defendant is charged with any crime for which the aggregate sentences for all crimes charged exceed five (5) years in prison. (b) The law and rules governing district court and appeals therefrom shall apply to a case or proceeding assigned pursuant to this section.

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5-3-113. District courts budget submittal.

All district courts shall submit standard and supplemental budget requests to the legislature not later than November 1 of the year preceding the fiscal year in which the standard or supplemental budget is to take effect. The district courts shall prepare all personal services budget requests using the same methods and practices as the executive branch.

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5-3-201. Office created; term; election in counties of

first and second class; county clerk designated ex officio clerk in other counties. There shall be a clerk of the district court in each organized county of the state whose term of office shall be four (4) years and until his successor is elected and qualified. Clerks of the district court shall be elected at general elections in counties of the first and second class; and in all other counties the county clerk shall be ex officio clerk of the district court, and shall perform all of the duties pertaining to the office of clerk of the district court.

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5-3-202. Duties generally.

Each clerk of the district court shall keep and make up the records and books of the court of his particular county, receive all cases filed therein, properly record and attend to the same, and shall have the care and custody of all the records, seal, books, papers and property pertaining to his said office or the court of the county for which he is elected and which may be filed or deposited therein, and shall receive, account for and pay over all money that may come into the possession of the court according to law, and under the orders or decrees of the court, except that which shall be received by master commissioners. He shall keep all records and files in criminal cases, and attend to all duties required of the clerk in relation thereto. He shall attend upon the terms of court held in the county for which he is elected, and perform such duties relating to his office as may be required of him by the court, and shall perform all such other duties relating to his office as are required of him by law or the rules and practice of the courts.

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5-3-203. Vacation of office; filling of vacancies.

The office of the clerk of the district court shall be deemed vacated under the circumstances provided by W.S. 22-18-101. Any vacancy in the office of the clerk of the district court shall be filled as provided by W.S. 22-18-111.

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5-3-204. Salaries to be paid by county.

The salaries of clerks of the district courts shall be paid by the county in which they respectively act, in monthly installments, after services are performed.

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5-3-205. Collection of fees in advance; payment to treasurer; liability for collection.

(a) All fees prescribed by statute for civil business, shall be collected in advance by the clerk and except as otherwise provided in this section shall be paid to the treasurer of the county at the end of each month. The clerk shall be liable under his bond for the collection and payment of such fees. The clerk shall remit: (i) The court automation fee prescribed by W.S. 2-2-401(a)(iii), 5-3-206(a)(i), (vii) and (x), 6-10-102 and 6-10-103 to the judicial systems automation account established by W.S. 5-2-120 at the end of each month; (ii) The indigent civil legal services fee prescribed by W.S. 2-2-401(a)(iv), 5-3-206(a)(i), (vii) and (x), 6-10-102 and 6-10-103 to the indigent civil legal services account established by W.S. 5-2-121 at the end of each month; (iii) The police officer continuing education and training fee prescribed by W.S. 31-5-1201(h) to the account in the enterprise fund under W.S. 9-1-633(n) at the end of each month.

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5-3-206. Fees.

(a) For all civil matters filed or commenced, the clerk of each district court shall charge the following fees: (i) For filing instruments or documents in each civil action and certifying one (1) copy of any order, decree or judgment at the time of its filing for each party, an original filing fee of one hundred sixty dollars ($160.00), which shall be paid by the plaintiff. This fee shall apply to original actions commenced and to actions that are reopened after a final decree previously has been entered. Forty dollars ($40.00) of the filing fee shall be for court automation, ten dollars ($10.00) shall be for indigent civil legal services and both shall be remitted as provided in W.S. 5-3-205; (ii) For issuing commission to take deposition, seventy-five cents ($.75); (iii) For taking depositions and the certificate, seal and transmission thereof, five dollars ($5.00); (iv) For taking affidavit or acknowledgment, certifying and sealing same, fifty cents ($.50) for each person; (v) For each certificate and seal, fifty cents ($.50); (vi) For copying or photostating any record or paper of the clerk's office when the instrument, record or paper contains one (1) page, one dollar ($1.00), and when more, fifty cents ($.50) for each additional page; (vii) For all transcripts in cases appealed to the supreme court, one hundred dollars ($100.00), including certificates, seals and transmission. Forty dollars ($40.00) of the fee under this paragraph shall be for court automation, ten dollars ($10.00) shall be for indigent civil legal services and both shall be remitted as provided in W.S. 5-3-205; (viii) For copies of other documents made by a county operator, fifty cents ($.50) for the first page and twenty-five cents ($.25) for each additional page; (ix) For filing, recording and issuing certificates of intention to become citizens of the United States and for final naturalization, including oath and record, in accordance with the fee schedule of the United States immigration and naturalization service; (x) For docketing and in payment of clerk's fee after docketing incident to any appeal or bill of exception from a circuit court, one hundred dollars ($100.00), and for docketing any transcript of judgment from a circuit court upon the judgment and execution dockets, one hundred dollars ($100.00), which amount shall be paid by appellant, or by judgment holder to the clerk at time of docketing. Forty dollars ($40.00) of any fee imposed under this paragraph shall be for court automation, ten dollars ($10.00) shall be for indigent civil legal services and both shall be remitted as provided in W.S. 5-3-205.

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5-3-207. Statement of costs mailed to parties to actions.

If requested by a party to a case, the clerk of the court shall make up an itemized statement of the court costs in the case and mail a copy to the requesting party.

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5-3-208. Amount of bond; conditions.

Each clerk upon entering on the duties of his office, shall give a bond in the penal sum of not less than one hundred thousand dollars ($100,000.00) to the county to be approved by the county commissioners conditioned upon the faithful performance of the duties of his office, the proper collection and turning over all fees and the proper payment of all moneys collected by him and he shall from time to time give such additional bond as the judge of the court may require.

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5-3-209. Clerk liable on bond for acts of deputies; deputy's bond.

Each clerk shall be liable upon his official bond for all acts of his deputies, but each clerk may take from his deputies a bond to himself to indemnify him on account of the acts of his deputies.

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5-3-210. Duty as custodian of seal; seal to be attached to official papers.

The clerk of the district court shall be custodian of the seal of said court, which seal shall be kept in the office of the clerk of the district court in the respective counties and shall be attached to all writs, orders, or other instruments that the clerk of the district court is now or may hereafter be required or permitted to sign or certify in his official capacity.

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5-3-211. Repealed by Laws 2019, ch. 24, § 2.

Repealed by Laws 2019, ch. 24, § 2.

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5-3-212. Entries on appearance docket and their effect.

The clerk shall enter on the appearance docket, at the time of the commencement of an action or proceeding, the names of the parties in full, with names of counsel, and forthwith index the case, direct and reverse, in the name of each plaintiff and defendant. He shall also enter at the time it occurs, under the case so docketed, the issue of the summons or other mesne process or order, and the filing of each paper, and he shall note on the appearance docket the date of issuance, date of service and how served and date of filing, which will be evidence of such service.

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5-3-213. Clerk not to act as attorney.

No clerk of the district court or county clerk in counties wherein such clerk is ex officio clerk of the district court, shall accept employment or retainer as an attorney-at-law or give any advice as such in any action, cause or proceeding pending in the court, wherein he is such clerk.

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5-3-301. Appointment; number.

District courts of the several judicial districts of this state are empowered to appoint such number of district court commissioners in the several counties of their respective judicial districts as the public interest may require.

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5-3-302. Term of office; summary removal.

District court commissioners shall hold office during the pleasure of the district court, and may be summarily removed.

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5-3-303. Qualifications.

District court commissioners shall be learned in the law in this state, residents of the district for which appointed, and citizens of this state. To be learned in the law a person shall have sufficient knowledge, skill, training or experience to perform judicial functions.

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5-3-304. Order of appointment to be made in open court and entered on journal; use as evidence.

The order appointing each district court commissioner shall be made in open court and entered upon the journal. A certified copy of such journal entry shall be evidence of such appointment in all the courts of this state.

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