1-5-108. Actions not otherwise provided for; exception.
Every action not otherwise provided for in this chapter shall be brought in the county in which a defendant resides or may be summoned, except actions against an executor, administrator, guardian or trustee, which may be brought in the county where he was appointed or resides. If the action involves two (2) or more defendants, the action may be brought against all defendants in any county in which one (1) of the defendants resides or may be summoned.
1-5-109. Actions for personal injuries or wrongful death.
An action for personal injuries or wrongful death may be brought in the county in which the cause of action arose or in the county in which the defendant resides or may be summoned.
1-6-102. Service of process when sheriff is an interested party.
When the sheriff is a party or is interested in an action, process shall be directed to and executed by a person over the age of eighteen (18) years, not a party to the action, appointed for that purpose by the court.
1-6-103. Appointment to serve particular process or order.
For good cause the court may appoint a person to serve a particular process or order, who has the same power as the sheriff to execute it. The person may be appointed on the motion of the party who obtains the process or order, and the return must be verified by affidavit. He is entitled to the fees allowed the sheriff for similar services.
The sheriff shall execute every summons, order or other process, return the same as required by law, and exercise the powers conferred and perform the duties enjoined upon him by statute and by the common law.
1-6-105. Proceedings when defendants not all served.
(a) When service has been made on one (1) or more defendants, but not on all, the plaintiff may proceed as follows:
(i) If the action is against defendants jointly indebted upon contract, he may proceed against the defendants served, unless the court otherwise directs; or
(ii) If the action is against defendants severally liable, he may without prejudice to his rights against those not served, proceed against the defendants served.
When a summons has been served or publication made, the action is pending so as to charge third persons with notice of its pendency, and while pending no interest can be acquired by third persons in the subject matter thereof as against the plaintiff's title.
1-6-107. Lis pendens; recordation when real property situate in other counties; constructive notice.
After filing an action in a court of competent jurisdiction the subject matter of which is the title to real property located in one (1) or more counties in this state, the plaintiff may file a certified copy of the complaint or a sworn notice of the pendency of the action in the office of the county clerk in the county or counties in which the real property is located. The notice shall contain the names of the parties, the object of the action and a description of the property before it shall operate as constructive notice to third parties in such counties. Notice shall be effective in the county where the action is filed without filing a document with the county clerk of that county. Constructive notice shall be effective as to property in the county in which the complaint is filed as of the date the complaint is filed and shall be effective as to property in any other county as of the date on which the notice is filed in the clerk's office of that county.
1-6-108. Lis pendens; notice of pendency of action affecting real property or action between husband and wife.
In an action in a state court or in a United States district court affecting the title or right of possession of real property, or in an action between husband and wife, the plaintiff at the time of filing the complaint and the defendant at the time of filing his pleading when affirmative relief is claimed or at any time afterward, may file in the office of the county clerk in which the property is situate a notice of pendency of the action containing the names of the parties, the object of the action or defense and a description of the property in that county affected thereby as provided by W.S. 1-6-107. From the time of filing the notice a subsequent purchaser or encumbrancer of the property shall have constructive notice of the pendency of the action.
1-6-110. Transmission of process by telecommunications.
Any summons, writ or order in any civil proceeding, and all other papers requiring service may be transmitted by any form of telecommunication for service in any place, and the copy of such writ, order or paper so transmitted may be served or executed by the officer or person to whom it is sent for that purpose and returned by him, if any return be requisite, in the same manner and with the same force and effect as the original thereof might be if delivered to him. The officer or person serving or executing the same has the same authority and is subject to the same liabilities as if the copy were the original. The original, when a writ or order, must also be filed in the court from which it was issued and a certified copy thereof shall be preserved in the telecommunication office from which it is sent. In sending it, either the original or certified copy may be used by the operator for that purpose. Whenever any document to be sent by telecommunication bears a seal, either private or official, it is not necessary for the operator to communicate a description of the seal or any words or device thereon, but the same may be expressed in the telecommunication by the letters "L. S." or by the word "Seal".
1-6-111. Substitution of certified mail for registered mail.
Wherever required by statute, rule of court or otherwise that service be made or notice given by registered mail, such requirement may be satisfied by use of certified mail and proof of mailing.
All notices by law directed, authorized or permitted to be made by publication may be published once each week during the period of time for which the notice is required by law to be published. All such weekly publications made in a newspaper issued more than once each week shall be published in the same issue in each succeeding week for the required publication period.
Whenever the law requires or permits the publication of a notice for a certain number of days prior to any action, unless otherwise provided by law the publication may be made weekly as provided in W.S. 1-6-201, and as often as such weekly publication can be made during the period of time for which such publication is required by law to be made, the first publication to be made as many days prior to such action as the law requires.
In all cases where under the laws a notice is required or permitted to be published for a specified number of weeks, it is sufficient that the publication be made once each week for the number of issues corresponding to the number of weeks for which such publication is required to be made, provided that not more than twenty (20) days shall intervene between the date of the last publication and the time set for the intended action. In no case shall the notice given for a longer time than required by law be held defective for that reason.
1-6-204. Publication of real property; descriptions used.
All notices directed, authorized or permitted to be made by publication that require a legal description of real property on the notice shall include the street address for the property used by the United States postal service when available, or the street address used by the county or municipality if available.
1-6-301. Secretary of state deemed attorney for service;
continuance of action; costs; record of process; jurisdiction; direction of summons.
(a) The use and operation of a motor vehicle on any street or highway within Wyoming by any person upon whom service of process cannot be made within Wyoming either personally or by service upon a duly appointed resident agent is deemed an appointment of the secretary of state of Wyoming as the operator's lawful attorney upon whom may be served all legal processes in any proceeding against him, or his personal representative if he be deceased, due to damage or injury to person or property resulting from the operation of a motor vehicle on the streets or highways within this state. Such operation constitutes the operator's agreement that any process served in any action against him or his personal representative has the same legal force and validity as if served upon him or his personal representative personally within this state. Service shall be made by serving a copy of the process upon the secretary of state or by filing such copy in his office, together with payment of a fee of ten dollars ($10.00). Within ten (10) days after the date of service, notice of such service and a copy of the process shall be served upon the defendant or his personal representative either personally or by certified mail addressed to the last known address of the defendant or his personal representative. The plaintiff shall file with the clerk of the court in which the action is brought an affidavit that he has complied with such requirement.
(b) The court in which the action is pending shall order such continuance as necessary to afford the defendant or his personal representative reasonable opportunity to defend the action. The fee of ten dollars ($10.00) paid by the plaintiff to the secretary of state at the time of service of process shall be taxed as costs in the suit.
(c) The secretary of state shall keep a record of all processes served showing the date and hour of service and shall arrange and index the record to make it readily accessible and convenient for inspection. The district court of the county in which the cause of action arose or the district court of the county in which the plaintiff resides shall have jurisdiction over the action. The clerk of the district court in which the action is commenced may issue summons directed to the sheriff of Laramie county, Wyoming for service upon the secretary of state of Wyoming.
When a change of venue is directed in a civil action in the district court, the county from which the change of venue is taken shall be liable to pay to the county to which the change is taken the fees paid to the jury trying the case and any of the regular panel not engaged in the trial but held in waiting as an incident thereto, allowance to bailiffs, and all other jury expenses necessarily incurred by such county because of the change of venue. Such expenses shall be audited and allowed by the court to which the action is changed and the court shall certify such allowance to the county clerk of the county from which the change of venue was first taken. The allowance shall be paid by the county from which the change of venue was first taken.
(a) Every criminal case shall be tried in the county in which the indictment or offense charged is found, except as otherwise provided by law.
(b) When the location of a criminal offense cannot be established with certainty, venue may be placed in the county or district where the corpus delicti is found, or in any county or district in which the victim was transported.
(a) For any civil action brought in an incorrect venue, the district court may, on its own or upon motion of the parties, order the action to be transferred to a court that would be a proper venue.
(b) For purposes of this section, an action timely filed in an incorrect venue and transferred to a proper venue under this section shall be deemed to be timely filed in the proper venue.
(c) The supreme court may adopt rules governing proceedings under this section.
The clerk shall make a trial docket on which shall appear all cases in which the issues have been joined. The cases shall be set for trial in the order in which they stand on the appearance docket. The clerk shall not place upon the trial docket any case in which nothing remains to be done except to execute an order for the sale of real or personal property, and to distribute the proceeds as directed by the order, but if it becomes necessary, the case may be redocketed upon the application of either party, whereupon it shall stand in all respects as if it had remained on the docket.
All cases shall be heard in the order in which they stand on the trial docket unless the court otherwise directs. The court may hear a motion at any time and may prescribe by rule the time of hearing motions.
1-9-101. Contents of affidavit showing lack of evidence or absent witness; procedure if evidence admitted.
(a) A motion to postpone the trial of a case because of the lack of evidence shall be supported by affidavit showing:
(i) The materiality of the evidence expected to be obtained;
(ii) That due diligence has been used to obtain the evidence; and
(iii) Where it is expected the evidence may be found.
(b) If the postponement is because of an absent witness, the affidavit shall also state:
(i) Where the witness resides, if known;
(ii) The probability of procuring the testimony within a reasonable time;
(iii) That absence of the witness was not procured by the act or connivance of the party seeking the postponement, nor by others at his request or with his knowledge or consent;
(iv) The facts the witness is expected to prove and that affiant believes the facts as stated to be true; and
(v) Such facts cannot be proven by any other witness whose testimony can be as readily procured.
(c) If the adverse party consents that, on the trial, the facts stated in the affidavit will be taken as true, if the evidence is written or documentary, or in case of an absent witness that the witness will testify to the facts stated in the affidavit as true, the trial shall not be postponed for that cause. The party against whom the evidence is offered may impeach the evidence of an absent witness the same as when the witness is present or his deposition is used.
Any court, for good cause shown may continue any action at any stage of the proceedings at the cost of the applicant, to be paid as the court shall direct.
In an action on contract for the payment of money, if the defendant answers and proves that he tendered payment of the money due before commencement of the action, and pays to the clerk before trial the money so tendered, the plaintiff shall not have judgment for more than the money so tendered and due, without costs, and shall pay the defendant his costs.
1-10-102. Tender of payment other than money or performance of labor.
If, in an action on a contract for the payment of anything other than money or for the performance of labor, the defendant answers that he did tender payment or performance of the contract at such time and place, and in such things or labor as by the contract he was bound to pay or perform, and the court or jury finds that he did tender as alleged in his pleading, they shall assess the value of the property or labor so tendered, and judgment shall be rendered in favor of the plaintiff for the value found, without interest or costs. If the defendant forthwith performs his contract, or gives to the plaintiff such assurance as the court approves that he will perform within such time as the court directs, judgment shall be rendered for the defendant. If any article so tendered is perishable it shall, from the time of tender, be kept at the risk and expense of the plaintiff, provided the defendant takes reasonable care of the same.
1-10-103. Offer to confess judgment before action brought.
Before an action for recovery of money is brought against any person, he may go into the court of competent jurisdiction in the county of his residence or the county in which the person having the cause of action resides, and offer to confess judgment in favor of the claimant for a specified sum. If the claimant, having such notice as the court deems reasonable that the offer will be made, its amount, and the time and place of making it fails to attend and accept the confession, or if he attends and refuses to accept it and afterwards commences an action upon the cause and fails to recover more than the amount offered to be confessed, with interest from the date of the offer, he shall pay all the costs of the action.
1-10-104. Offer in court to confess for part of claim or causes.
The defendant in an action for the recovery of money may offer in court to confess judgment for part of the amount claimed, or part of the causes involved in the action. If the plaintiff, being present, refuses to accept such confession of judgment in full satisfaction of his demands in the action, or having had such notice as the court deems reasonable that the offer would be made, its amount, and the time of making it, fails to attend, and, on the trial, does not recover more than was offered to be confessed, with interest from the date of the offer, the plaintiff shall pay all costs of the defendant incurred after the offer was made.
An offer to confess judgment is not an admission of the cause of action nor of the amount to which the plaintiff is entitled. It is not a cause of continuance of the action, or a postponement of the trial, and may not be offered or admitted in evidence or mentioned at the trial.
1-10-106. Applicability of confession of judgment provisions.
The provisions relating to confessions of judgment shall apply so far as practicable to an offer made by the plaintiff, and in the discretion of the court, may be applied to one (1) or more of several causes of action, counterclaims, cross-claims or setoffs, and the court shall make such order as to costs as it deems proper.
(a) A person is qualified to act as a juror if he is:
(i) An adult citizen of the United States who has been a resident of the state and of the county ninety (90) days before being selected and returned pursuant to W.S. 1-11-106;
(ii) In possession of his natural faculties, of ordinary intelligence and without mental or physical infirmity preventing satisfactory jury service;
(iii) Possessed of sufficient knowledge of the English language.
(b) No citizen shall be excluded from service as a juror on account of race, color, religion, sex, age, national origin or economic status.
(c) The court shall discharge a person from serving as a juror if the person is not qualified to act as a juror under subsection (a) of this section.
A person who has been convicted of any felony is disqualified to act as a juror unless his conviction is reversed or annulled, he receives a pardon or his rights are restored pursuant to W.S. 7-13-105(a) or (f).
1-11-103. Persons exempt as juror; duty to discharge.
(a) A person is exempt from jury service if the person is:
(i) A salaried and active member of an organized fire department or an active member of a police department of a city, town or law enforcement agency of the county or state;
(ii) An elected public official;
(iii) An active duty member of the Wyoming national guard; or
(iv) A person exempt under federal law or regulation, including an active duty member of the armed forces when service on a jury would unreasonably interfere with his performance of military duties or adversely affect the readiness of his unit, command or activity pursuant to 32 C.F.R. Part 144.
(b) The court shall discharge a person from serving as a trial juror for the jury term in which he is summoned if it satisfactorily appears that the person is exempt and specifically claims the benefit of the exemption under W.S. 1-11-105.
(a) A juror may not be excused for a trivial cause or for hardship or inconvenience to his business, but only when material injury or destruction to his property or property entrusted to him is threatened, or when his health or the sickness or death of a member of his family requires his absence. A person who has attained the age of seventy-two (72) years may be excused at his request. A person may be excused from jury duty when the care of that person's young children requires his absence. Any person who has served on a jury during a jury term shall, upon request, be excused from further jury service in that court for the remainder of that jury term and in the discretion of the court may be excused from jury service for the following jury term.
(b) For the purposes of this section:
(i) A person has served on a jury during a jury term when he is summoned to serve and he has been selected as a juror in any court within the judicial district and has taken the oath required under W.S. 1-11-201;
(ii) A person has not served on a jury during a jury term if he is disqualified for that jury term pursuant to W.S. 1-11-102 or is discharged for that jury term pursuant to W.S. 1-11-103.
1-11-105. Exemption affidavit required; failure to file.
If a person exempt from jury duty is summoned as a juror, he may submit a declaration under penalty of perjury stating his purported grounds for exemption. If the court determines that the declaration sufficiently demonstrates that the person is not required to serve as a juror pursuant to W.S. 1-11-103(a), the court shall discharge the person from serving as a trial juror for the jury term in which he was summoned. A person who is discharged under this section is not required to appear in court. Failure of any person who is exempt to submit a declaration under penalty of perjury is a waiver of his exemption, and he is required to appear upon the day for which the jury is summoned and serve as a juror the same as if he were not entitled to exemption unless otherwise excused by the court.
1-11-106. Jury lists; preparation of base jury lists; selecting jury panel; certificate and summons.
(a) The list of persons selected to serve as prospective trial jurors, compiled pursuant to W.S. 1-11-129, is the base jury list for the district court and the circuit court for the jury term set by each court.
(b) The clerk shall prepare a certificate containing the names constituting the base jury list, and summon them to serve as jurors for the jury term for which they have been selected.
1-11-108. Jury panel in circuit courts; functions, powers and duties of judges thereof.
(a) Repealed By Laws 2014, Ch. 53, § 2.
(b) In conducting jury trials, judges of the circuit courts shall exercise and perform the same functions, powers and duties as are prescribed for both the judge and the clerk of the district court in W.S. 1-11-101 through 1-11-401, insofar as practicable.
(c) Repealed by Laws 1983, ch. 138, § 3.