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Wyoming Rules of Appellate Procedure
Amended April 14, 2010; Amendment Effective July 1, 2010;
Amended May 23, 2007; Amendment Effective September 1, 2007;
Amended July 26, 2006; Amendment Effective December 1, 2006;
Amended October 28, 2004; Amendment Effective March 1, 2005;
Revised June 13, 1997; Revision Effective October 1, 1997;
Revised July 31, 1992; Revision Effective November 1, 1992;
Created April 12, 1978; Effective August 1, 1978;
Text of Rules
Rule 1. General rules.
[+] 1.01 Number of copies to be filed; format
(a)
Unless otherwise specified in these rules:
(1)
One original and six copies of all briefs, petitions, motions and other documents shall be filed in the supreme court; or
(2)
One original and two copies of all briefs, petitions, motions and other documents shall be filed in the district court; and
(3)
Where appropriate, a proposed order shall accompany all filings.
(b)
All briefs, petitions, motions and other documents shall be filed on 81/2/" x 11/" paper. Any attachments or appendices, which in their original form are on larger or smaller paper, should be reduced or enlarged to 8 1/2" x 11" paper.
(c)
If a brief or petition has been prepared in an electronic format, an electronic copy of the brief or petition shall also be provided to the court by means of a 3.5 inch disk in a Word-readable form.
(Amended May 5, 1999, effective October 1, 1999; May 4, 2001, effective September 1, 2001.)
[+] 1.02 Scope of rules.
(a)
All appeals, reviews pursuant to Rule 12, certifications under Rules 11 or 12, and petitions for review shall be governed by these rules. Where the term "appellate court " is used in these rules, it refers to either the district court or the supreme court as circumstances make appropriate. The term "trial court" refers to either a district court, a circuit court or a municipal court.
(b)
These rules shall supersede any conflicting statutes, rules or regulations addressing procedural matters.
(Amended May 4, 2001, effective September 1, 2001; amended December 2, 2002, effective January 6, 2003.)
[+] 1.03 Failure to comply with rules. The timely filing of a notice of appeal, which complies with Rule 2.07(a), is jurisdictional. The failure to comply with any other rule of appellate procedure, or any order of court, does not affect the validity of the appeal, but is ground only for such action as the appellate court deems appropriate, including but not limited to: refusal to consider the offending party's contentions; assessment of costs; dismissal; and affirmance.
[+] 1.04 Review by supreme court and district court.
(a)
A judgment rendered, or appealable order made, by a district court may be: reversed, vacated, remanded, or modified by the supreme court for errors appearing on the record.
(b)
A judgment rendered, or appealable order made, by an administrative agency or any court inferior in jurisdiction to the district court, upon an appeal or proceeding for judicial review, may be: reversed, vacated, remanded, or modified by the district court for errors appearing on the record.
[+] 1.05 Appealable order defined. An appealable order is:
(a)
An order affecting a substantial right in an action, when such order, in effect, determines the action and prevents a judgment; or
(b)
An order affecting a substantial right made in a special proceeding; or
(c)
An order made upon a summary application in an action after judgment; or
(d)
An order, including a conditional order, granting a new trial on the grounds stated in Rule 59(a) (4) and (5), Wyo. R. Civ. P.; if an appeal is taken from such an order, the judgment shall remain final and in effect for the purposes of appeal by another party; or
(e)
Interlocutory orders and decrees of the district courts which:
(1)
Grant, continue, or modify injunctions, or dissolve injunctions, or refuse to dissolve or modify injunctions; or
(2)
Appoint receivers, or issue orders to wind up receiverships, or to take steps to accomplish the purposes thereof, such as directing sales or other disposition of property.
(See Rule 13 for additional guidance on review of interlocutory orders.)
[+] 1.06 Joint appeals. If two or more parties are entitled to appeal from a judgment or order, and their interests are such as to make joinder practicable, they may file a joint notice of appeal, or may join in appeal after filing separate notices of appeal.
[+] 1.07 Filing and service of documents by facsimile transmission in the supreme court.
(a)
Any document, except as noted below, which may be filed and/or served under any of the rules appearing in this volume, may be filed with the supreme court and/or served by facsimile transmission.
(b)
No documents shall be transmitted to the supreme court without prior telephonic notification to the clerk of court.  Only under emergency circumstances shall documents be filed by facsimile transmission with the court.
(c)
Documents to be filed by facsimile transmission must be received by the clerk of court no later than 4:30 p.m. on a weekday, which is not a legal holiday, or service shall be deemed made on the following weekday, which is not a legal holiday.  All documents filed and/or served by facsimile shall be deemed filed and/or served on the date the facsimile is received by the clerk of court.  Computation of time will be the same as contained in the rules of this court, with the exception that the date of transmission will be considered the date of delivery to all parties concerned and the allowance for time for delivery by mail will not apply.
(d)
No document which exceeds ten (10) pages in length may be filed or served by facsimile.  All format requirements contained in applicable rules must be followed.
(e)
Proof of service for documents served by facsimile transmission shall state the date and time of service and the facsimile number or identification symbol of the receiving attorney.
(f)
No briefs or petitions for review may be filed or served by facsimile.
(g)
Any document filed and/or served by facsimile transmission must be replaced by a signed or otherwise duly executed original (plus six copies) within twenty-four (24) hours of the filing and/or service by facsimile.  The clerk of court, upon receiving the replacement document(s) shall note its date of actual delivery, but shall show that it was filed on the date the facsimile copy was received.
(h)
Attorneys shall not be required to have a facsimile transmission device.  Delivery of facsimile documents is the responsibility of the entity from which they originate and delivery must be made to the clerk of the court where the document is to be filed, or to the office, usual place of business or other location as provided for in the court rules pertaining to service.
(i)
The supreme court shall not be required to transmit any court documents, including orders, in response to filings made by facsimile transmission.  Responses by the court will be mailed/distributed in accordance with applicable rules.
(added May 4, 2001, effective September 1, 2001.)
Rule 2. Processing appeal.
[+] 2.01 How and when taken; cross-appeals and dismissals.
(a)
An appeal from a trial court to an appellate court shall be taken by filing the notice of appeal with the clerk of the trial court within 30 days from entry of the appealable order and concurrently serving the same in accordance with the provisions of Rule 5, Wyo. R. Civ. P., (or as provided in Wyo. R. Cr. P. 32 (c)(4)). The pro se filing of a notice of appeal by an inmate confined in a penal institution is additionally subject to the provisions of Rule 14.04. Within five days of the filing of the notice of appeal with the clerk of the trial court, a copy of the notice of appeal shall also be filed with the clerk of the appellate court, and in a criminal case upon the office of public defender and the office of attorney general.
(1)
Upon a showing of excusable neglect, the trial court in any action may extend the time for filing the notice of appeal to 45 days from entry of the appealable order, provided the application for extension of time is filed and the order entered prior to the expiration of 45 days from entry of the appealable order. Along with the application for extension of time, appellant shall submit a proposed notice of appeal, which the clerk of court shall retain. At the time of filing the application for extension of time, appellant shall also deliver to the clerk of the trial court the filing fee for docketing the case in the appellate court or a motion for leave to proceed in forma pauperis. See W.R.A.P. 2.09(a). If the trial court grants the application for extension of time, the clerk of court shall file the proposed notice of appeal concurrently with entry of the order extending the time. If the trial court denies the application, the docketing fee shall be refunded to appellant. Appellant shall promptly serve appellee a copy of the order extending the time. If such an order is issued, it shall be appended to the notice of appeal that is filed with the clerk of the appellate court.
(2)
If a timely notice of appeal is filed by a party, any other party may file a notice of appeal within 15 days of the date on which the first notice of appeal was filed.
(b)
If an appeal has not been docketed with the appellate court, the parties, with the approval of the trial court, may dismiss the appeal by stipulation filed in that court, or that court may dismiss the appeal upon motion and notice by appellant.
(Added July 26, 2006, effective December 1, 2006; amended April 14, 2010, effective July 1, 2010.)
[+] 2.02 Tolling of time for filing notice of appeal in civil case.
(a)
The running of the time for appeal in a civil case is tolled as to all parties by the timely filing of a motion for judgment under Rule 50(b), Wyo. R. Civ. P.; a motion to amend or make additional findings of fact under Rule 52(b), Wyo. R. Civ. P., whether or not alteration of the judgment would be required if the motion is granted; a motion to alter or amend the judgment under Rule 59, Wyo. R. Civ. P., or a motion for a new trial under Rule 59, Wyo. R. Civ. P.
(b)
The full time for appeal commences to run and is to be computed from the entry of any order granting or denying a motion for judgment; a motion to amend or make additional findings of fact; or a motion to alter or amend the judgment, or denying a motion for a new trial. If no order is entered, the full time for appeal commences to run when any such motion is deemed denied.
[+] 2.03 Tolling of time for filing of notice of appeal in criminal case.
(a)
The running of the time for appeal in a criminal case is terminated by the timely filing of a motion for judgment of acquittal made pursuant to Rule 29(c), Wyo. R. Cr. P.; a motion for a new trial made pursuant to Rule 33, Wyo. R. Cr. P.; or a motion in arrest of judgment made pursuant to Rule 34, Wyo. R. Cr. P.
(b)
The time for appeal commences to run and is to be computed from the latest of the following dates: entry of an order denying any such motion, the time any such motion is deemed denied, or entry of judgment.
[+] 2.04 Premature notice of appeal. A notice of appeal filed prematurely shall be treated as though filed on the same day as entry of the appealable order, provided it complies with Rule 2.07(a).
[+] 2.05 Certification of transcript request, statement of evidence, or agreed statement. Concurrently with filing the notice of appeal, appellant must order and either make arrangements satisfactory to the court reporter for the payment for a transcript of the portions of the evidence deemed necessary for the appeal or make application for in forma pauperis status as provided in Rule 10.07. A certificate of compliance with this rule shall be endorsed upon or filed with the notice of appeal. If appellant does not intend to order a transcript, the certificate of compliance shall include a statement indicating whether appellant intends to procure a statement of evidence pursuant to Rule 3.03 or an agreed statement pursuant to Rule 3.08.
(Amended May 4, 2001, effective September 1, 2001; amended July 26, 2006, effective December 1, 2006.)
[+] 2.06 Time allowed court reporter to file transcript; certification to appellate court and parties that transcript has been filed in trial court. Within 60 days after the notice of appeal is filed, the court reporter shall file with the clerk of the trial court, the transcript, or such portions of the transcript that have been ordered as provided in Rule 2.05. Contemporaneously with filing the transcript in the trial court, the reporter shall certify in writing to the appellate court and all parties to the appeal that the transcript has been filed in the trial court.
[+] 2.07 Notice of appeal; contents.
(a)
The notice of appeal shall:
(1)
Specify the party or parties taking the appeal;
(2)
Identify the judgment or appealable order, or designated portion appealed; and
(3)
Name the court to which the appeal is taken.
(4)
Be accompanied by the certificate or endorsement required by Rule 2.05.
(b)
In a civil case, the notice of appeal shall have as an appendix:
(1)
All pleadings that assert a claim for relief whether by complaint, counterclaim or cross-claim and all pleadings adding parties; and
(2)
All orders or judgments disposing of claims for relief and all orders or judgments disposing of all claims by or against any party; and
(3)
The judgment or final order.
(c)
In a criminal case, the notice of appeal shall have as an appendix the judgment and sentence or other dispositive order.
[+] 2.08 Designation of parties.
(a)
In all appeals governed by these rules, the party taking the appeal shall be known as appellant and the adverse party as appellee, and in the caption of the cause in the appellate court appellant's name shall appear first.
(b)
For purposes of simplicity and clarity, identifying terms such as injured worker, victim, seller/buyer, proper names (e.g. Jones, Smith, Brown), etc., appropriately may be used in the text of any pleading or brief, instead of the terms appellant and appellee.
[+] 2.09 Payment of filing fee and disposition.
(a)
At the time of filing the notice of appeal, an appellant shall deliver to the clerk of the trial court the filing fee for docketing the case in the appellate court or a motion for leave to proceed in forma pauperis. If the trial court denies the motion for leave to proceed in forma pauperis, an appellant may, within 30 days of entry of the order denying the motion, deliver to the clerk of the trial court the filing fee for docketing the case in the appellate court. If such fee is not paid within those 30 days, the appeal will not proceed further. A docketing fee shall be collected for each notice of appeal. If the appeal is dismissed prior to the notice from the clerk of the trial court to the clerk of the appellate court that the record on appeal has been completed, the filing fee for docketing the case in the appellate court shall be refunded to appellant. The clerk of the trial court shall forward the appellate court's filing fee to the clerk of the appellate court at the time the clerk of the trial court submits its notice that the record on appeal has been completed. The case then shall be docketed in the appellate court. A subsequent dismissal by the appellate court of the appeal shall not entitle appellant to refund of the filing fee. All fees under this rule due from or payable by the State of Wyoming or its subdivisions will be paid to the clerk of the trial court by check, voucher or other appropriate fund transfer request in the proper form.
(b)
The fee for filing an appeal or other action in the supreme court shall be set by order of court.
(Amended April 14, 2010, effective July 1, 2010.)
Rule 3. Record.
[+] 3.01 Composition of record.
(a)
The record shall consist of:
(1)
The original papers and exhibits filed in the trial court;
(2)
The transcript of proceedings or any designated portion (if the proceedings were not stenographically recorded or transcribed in accordance with these rules, the electronic audio recording of the proceedings, or any designated portion); and
(3)
A certified copy of the docket entries prepared by the clerk of the trial court.
(b)
The transmitted record shall consist of all portions of the record designated by the parties to the appeal for transmission to the appellate court, as described in Rule 3. 05 (b), (c) and (d).
[+] 3.02 Transcript of proceedings.
(a)
Transcripts in criminal and juvenile matters shall consist of all proceedings including, but not limited to, voir dire, opening statements and final arguments, conferences with the presiding judge, in addition to the testimony of the case and other essential materials.
(b)
In all cases other than criminal and juvenile matters, if the proceedings in the trial court were stenographically reported by an official court reporter, appellant shall, contemporaneously with the filing of the notice of appeal, file and serve on appellee a description of the parts of the transcript which appellant intends to include in the record and unless the entire transcript is to be included, a statement of the issues appellant intends to present on appeal. If an appellant intends to assert on appeal that a finding or conclusion is unsupported by the evidence or contrary to the evidence, appellant shall include in the record a transcript of all evidence relevant to such finding or conclusion. If appellee deems a transcript of other parts of the proceedings to be necessary appellee shall, within 15 days after service of the designation of the partial transcript by appellant, order such parts from the reporter or procure an order from the trial court directing appellant to do so. At the time of ordering, a party must make arrangements satisfactory to the reporter for payment of the cost of the transcript.
(c)
If the proceedings in the trial court were electronically recorded, the audio record of the proceedings shall be received by the district court, sitting as an appellate court, as prima facie evidence of the facts, testimony, evidence and proceedings in such audio record. No transcript of the proceedings shall be required, unless the district court finds that a transcript, or portion, is necessary for appellate disposition. If discretionary review is granted by the supreme court, the parties shall prepare a transcript in accordance with subsection (b) above.
(d)
All transcripts of testimony, evidence and proceedings shall be certified by the official court reporter, or such other person designated by the trial court to prepare the transcript, to be true and correct in every particular, and when certified it shall be received as prima facie evidence of the facts, testimony, evidence, and proceedings set forth in the transcript. The transcript format shall be 8 1/2 x 11 inches and a maximum of 25 lines per page and no more than 10 characters per inch. The reporter shall indicate at the bottom of each page the name of the witness, the name of counsel examining, and the type of examination (e.g., direct, cross). Appended to the transcript shall be a table with page references reflecting the names of the witnesses, the type of examination and the points at which exhibits were offered and admitted or refused. The reporter shall file the original of the completed transcript with the clerk of the trial court within the time fixed or allowed by these rules. The transcript shall be certified by the clerk as a part of the trial court record.
[+] 3.03 Statement of evidence or proceedings when no report was made or when the transcript is unavailable. If no report of the evidence or proceedings at a hearing or trial was made, or if a transcript is unavailable, appellant may prepare a statement of the evidence or proceedings from the best available means including appellant's recollection. The statement shall be filed and served on appellee within 35 days of the filing of the notice of appeal. Appellee may file and serve objections or propose amendments within 15 days after service. The trial court shall, within 10 days, enter its order settling and approving the statement of evidence, which shall be included by the clerk of the trial court in the record on appeal.
(Added July 26, 2006, effective December 1, 2006.)
[+] 3.04 Correction or modification of the record. If any difference arises as to whether the record discloses what occurred in the trial court, the difference shall be submitted to and settled by that court and the record made to conform to the truth. If anything material to either party is omitted from the record by error or accident or is misstated, the parties by stipulation, or the trial court either before or after the record is transmitted to the appellate court, or the appellate court on motion or its own initiative, may direct that the omission or misstatement be corrected, and if necessary that a supplemental record be certified and transmitted. All other questions as to the form and content of the record shall be presented to the appellate court by motion.
[+] 3.05 Designation, transmission and retention of record.
(a)
Within three working days after the record has been completed (or as otherwise arranged with the clerk of the appellate court), the clerk of the trial court shall advise the clerk of the appellate court in writing that the record has been completed, reciting that the record, including the transcript or parts ordered for inclusion (or that no transcript was created and/or ordered) and necessary exhibits, is complete for purposes of the appeal and certified in accordance with these rules. The clerk of the trial court’s advisement shall also include a statement indicating whether the trial court has approved a statement of evidence pursuant to Rule 3.03 or an agreed statement pursuant to Rule 3.08. Within five working days after the record has been completed, the clerk of the trial court shall number each page in the record, prepare an index, and provide copies of the index to the clerk of the appellate court and to the parties. After the remainder of the steps in subparagraph (b), (c), and (d) of this rule are completed, the clerk of the trial court shall transmit to the appellate court the designated portions of the record within five working days after a request by the clerk of the appellate court which notes the reply brief has been filed or the time for filing the reply has expired.
(b)
Appellant shall, contemporaneously with the filing of its brief in the appellate court and service of that brief upon appellee, serve on appellee, file with the clerk of the trial court a designation for transmission to the appellate court of all parts of the record, without unnecessary duplication, to which appellant intends to direct the particular attention of the appellate court in its brief.
(c)
If appellee desires to designate parts of the record for transmission not designated by appellant, appellee shall, contemporaneously with the filing of appellee's brief in the appellate court and service of that brief upon appellant, file with the clerk of the trial court and serve upon appellant a designation of those parts of the record desired by appellee. If appellee does not wish to designate additional portions of the trial court record, then such a certification shall be made to the clerk of the trial court.
(d)
Appellant may make an additional designation of record within the time any reply brief is to be filed and served.
(e)
Unless the case is a criminal proceeding, no party shall designate the entire record for transmission without an order of the appellate court. Unless specifically relevant to the issue(s) on appeal, record papers, including, but not limited to, setting notices, subpoenas and documents relating to discovery shall not be designated for transmission to the appellate court. Any party who designates unnecessarily duplicative pleadings or other papers not relevant to the appeal may be subject to sanction as provided in Rule 1.03.
(f)
The record papers transmitted to the appellate court by the clerk of the trial court shall be securely fastened, in an orderly manner, in one or more volumes consisting of no more than 250 pages per volume, with pages numbered and with a cover page bearing the title of the case and containing the designation "Transmitted Record," followed by a complete index of all papers. The clerk of the trial court shall append a certificate identifying the papers with reasonable definiteness. Documents of unusual bulk or weight and physical exhibits other than documents shall not be transmitted by the clerk unless so directed by the clerk of the appellate court. A party must make advance arrangements with the clerks of both courts for the transportation and receipt of exhibits of unusual bulk or weight.
(g)
If the appellate court enters an order that the record not be retained by the clerk of the trial court, the clerk of the trial court shall transmit that record to the appellate court in accordance with these rules.
(h)
The transmitted record in matters arising pursuant to Rule 13 is limited to the attachments described in Rule 13.05, unless good cause is shown why additional portions of the record are essential.
(Amended May 5, 1999, effective October 1, 1999; amended July 26, 2006, effective December 1, 2006.)
[+] 3.06 Record for intermediate relief in appellate court. If prior to the time the record is transmitted a party moves in the appellate court for any intermediate relief, then the clerk of the trial court at the request of the appellate court shall transmit to the appellate court such parts of the record as the appellate court shall designate.
[+] 3.07 Return of record to the trial court. After an appeal has been determined, the transmitted record shall be returned to the custody of the trial court.
[+] 3.08 Agreed statement.
(a)
In lieu of designations of the record, the parties may prepare and sign a statement of the case showing how the questions arose and were decided in the trial court, and may set forth those facts averred and proved, or sought to be proved, which are essential for review. The parties shall notify the clerk of the trial court in writing at the time the notice of appeal is filed that an agreed statement will be used as the record.
(b)
The statement shall include: a concise statement of the points on which appellant relies; a copy of the judgment or appealable order; and a copy of the notice of appeal with its filing date. The statement shall be filed with the trial court within 45 days of filing the notice of appeal. The trial court shall, within 15 days, enter its order adopting the statement, or promptly set it for hearing to resolve any disputes. The order and statement shall be included by the clerk of the trial court in the record on appeal.
(Amended July 26, 2006, effective December 1, 2006.)
[+] 3.09 Withdrawing records.
(a)
Either party, at that party's expense, may withdraw the record in a case, except the original exhibits, from the office of the clerk of the trial court during the time allowed for the filing of the brief. That party shall be responsible for its safekeeping and shall return it promptly when its brief is filed. A party may agree to transfer the record to another party, provided that notice of the transfer is given to the trial court. No other paper pertaining to a pending case, nor the original exhibits, shall be taken from the office of the trial court clerk without an order of the trial court. This rule supersedes any other court rule.
(b)
In criminal cases, notwithstanding any conflicting provisions of paragraph (a), presentence investigation reports and other confidential documents may be withdrawn from the office of the clerk of the trial court without an order of that court by the office of the attorney general and other appellate counsel of record.
(c)
The transmitted record may not be withdrawn from the office of the clerk of the appellate court without an order from a judge or justice of that court.
Rule 4. Bonds.
[+] 4.01 Bond for costs. Whenever a bond for costs on appeal is required by law, the bond shall be filed or equivalent security shall be deposited in the trial court with the notice of appeal.
[+] 4.02 Supersedeas bonds.
(a)
Whenever an appellant so entitled desires a stay on appeal, appellant may present to the trial court a supersedeas bond in such amount as shall be fixed by the trial court and with surety or sureties to be approved by the court or by the clerk of court. The bond shall be conditioned for the satisfaction of the judgment in full together with costs, interest, and damages for delay, if for any reason the appeal is not perfected or is dismissed, or if the judgment is affirmed, and to satisfy in full such modification of the judgment and such costs, interest, and damages as the appellate court may adjudge and award.
(b)
When the judgment is for the recovery of money not otherwise secured, the amount of the bond shall be fixed at such sum as will cover the whole amount of the judgment remaining and unsatisfied, costs on appeal, and interest, unless the court, after notice and hearing and for good cause shown, fixes a different amount or orders security other than the bond. When the judgment determines the disposition of the property in controversy, as in real actions, replevin, and actions to foreclose mortgages, or when such property is in the custody of the sheriff, or when the proceeds of such property or a bond for its value is in the custody or control of the court, the amount of the supersedeas bond shall be fixed at the sum as will secure the amount recovered for the use and detention of the property, the costs of the action, costs on appeal, interest, and damages for delay. When appellant has already filed a surety bond in the trial court, a separate supersedeas bond need not be given, except for the difference in amount as determined by the trial court to be attributable to the appeal.
(c)
When the judgment directs the execution, assignment or delivery of a conveyance or other instrument, appellant may execute, assign or deliver the conveyance or other instrument, leaving same in the custody of the clerk of the trial court in which the judgment was rendered, there to remain and abide the judgment of the appellate court, and in such case appellant shall give bond only for costs on appeal and damages for delay.
(d)
Executors, administrators and guardians shall be required to give a supersedeas bond.
[+] 4.03 Restitution undertaking by appellee.
(a)
In an action on a contract for the payment of money only, or in an action for injuries to the person, if appellee gives adequate security to make restitution in case the judgment is reversed or modified, appellee may, on leave obtained from the trial court, proceed to enforce the judgment notwithstanding the execution of a supersedeas bond. This security must be an undertaking executed to appellant, with sufficient surety, to the effect that if the judgment be reversed or modified appellee will make full restitution to appellant of the money received under the judgment.
(b)
The provisions of paragraph (a) shall not apply to judgments recovered in actions for libel, slander, malicious prosecution, false imprisonment or assault and battery.
[+] 4.04 Failure to file or insufficiency of bond. If a bond on appeal or a supersedeas bond is not filed within the time specified, or if the bond filed is found insufficient, a bond may be filed at such time as may be fixed by the trial court.
[+] 4.05 Judgment against surety. The provisions of Rule 65.1, Wyo. R. Civ. P., apply to a surety upon an appeal or supersedeas bond given pursuant to Rules 4.01, 4.02 and 4.03.
Rule 5. Stay of execution in death and other criminal cases.
[+] 5.01 Stay of execution and relief pending appeal.
(a) Death. -
A sentence of death shall be stayed pending appeal.
(b) Imprisonment. -
A sentence of imprisonment shall be stayed if defendant appeals and is admitted to bail by the trial court.
(c) Fine. -
If defendant appeals, a sentence to pay a fine may be stayed by the trial court upon such terms as the trial court deems proper. The trial court may require that defendant deposit the entire fine or costs, or any portion, with the clerk of the trial court, or give bond for the payment, or submit to an examination of assets, and restrain defendant from dissipating the assets.
(d) Probation. -
If defendant appeals, an order placing defendant on probation will not be stayed, unless a specific order granting stay, or granting admission to bail, or both, is entered by the trial court.
(e) Admission to bail. -
Admission to bail upon appeal shall be as provided in Rules 46 to 46.2, Wyo. R. Cr. P.
Rule 6. Docketing appeal.
[+] 6.01 Docketing appeal and jurisdiction.
(a)
The case shall be docketed in the appellate court when the notice of the completion of the record, as provided in Rule 3.05(a), is transmitted to the appellate court together with the filing fee. The clerk of the appellate court shall, forthwith, serve on the parties to the appeal notice that the appeal has been docketed and set forth the briefing schedule in accord with Rule 7.
(b)
The appellate court shall acquire jurisdiction over the matters appealed when the case is docketed. In all cases, the trial court retains jurisdiction over all matters and proceedings not the subject of the appeal, including all matters covered by Rules 4 and 5, unless otherwise ordered by the appellate court.
(c)
A district court shall have jurisdiction of appeals from interlocutory orders of administrative agencies and circuit courts and municipal courts, and questions certified pursuant to Rule 11, and petitions pursuant to Rule 13.
(d)
The supreme court shall have jurisdiction of appeals from interlocutory orders of a district court, and questions certified pursuant to Rules 11 or 12, and petitions pursuant to Rule 13.
(e)
The appellate court has authority to ascertain its jurisdiction of the appeal once a notice of appeal is received by the court.
(Amended May 4, 2001, effective September 1, 2001; amended December 2, 2002, effective January 6, 2003.)
Rule 7. Briefs.
[+] 7.01 Brief of appellant. The brief of appellant shall contain under appropriate headings and in the order indicated:
(a)
A title page which must include:
(1)
The appropriate caption and appellate court case number;
(2)
Identification of party filing the brief; and
(3)
The name(s), address(es) and telephone number(s) of the attorney(s) or pro se party(ies) preparing the brief.
(b)
A table of contents, with page references;
(c)
A table of cases alphabetically arranged (in one list or by jurisdiction), statutes and other authorities cited, with references to the pages where they appear;
(d)
A statement of the issues presented for review;
(e)
A statement of the case including:
(1)
The nature of the case, the course of proceedings, and the disposition in the trial court; and
(2)
A statement of the facts relevant to the issues presented for review with appropriate references to documents listed in the index of the transmitted record.
(f)
An argument (which may be preceded by a summary) setting forth:
(1)
Appellant’s contentions with respect to the issues presented and the reasons therefor, with citations to the authorities, statutes and parts of the record relied on;  and
(2)
For each issue, a concise statement of the applicable standard of review (which may appear in the discussion of the issue or under a separate heading placed before the discussion of the issues).
(g)
A short conclusion stating the precise relief sought;
(h)
The signature(s) of counsel or pro se party(ies) submitting the brief;
(i)
A certificate of service; and
(j)
An appendix, which shall contain a copy of the judgment or final order appealed from and the trial court's written and/or oral reasons for judgment, if any, and the statement of costs required by rule 10.01.
(Amended May 4, 2001, effective September 4, 2001)
[+] 7.02 Brief of appellee. The brief of appellee shall conform to the requirements of Rule 7.01, except that a statement of the issues, or of the case, is not required.
[+] 7.03 Reply brief. Appellant may file a brief in reply which shall comply with the requirements of W.R.A.P. 7.01 (a), (b), (c), (f), (g), (h), and (i). In lieu of any statement of the issues, the reply brief shall precisely and concisely set forth on the first page those new issues and arguments raised by the brief of the appellee which are addressed in the reply brief. A reply brief is limited to such new issues and arguments, and a failure to comply with these requirements may subject the party to sanctions under these rules.
(Amended May 5, 1999, effective October 1, 1999.)
[+] 7.04 Additional authorities. When pertinent and significant authorities come to the attention of a party after the party's brief has been filed, or after oral argument but before decision, a party may promptly advise the clerk of the court, by letter, with a copy to all counsel, setting forth the citations. There shall be a reference either to the page of the brief or to a point argued orally to which the citations pertain, but the letter shall without argument state the reasons for the supplemental citations. Any response shall be made promptly and shall be similarly limited.
(Amended May 5, 1999, effective October 1, 1999.)
[+] 7.05 Length, format, binding and number of briefs.
(a)
Length of Briefs.
(1)
Except by permission of the appellate court, principal briefs shall not exceed 70 pages, and reply briefs shall not exceed 35 pages, exclusive of pages containing the title page, table of  contents, table of authorities, certificate  of  service and appendices.
(b)
Format of Briefs.
(1)
Brief pages shall not exceed 81/2 by 11 inches. Margins shall not be less than one inch on all sides;
(2)
Text of briefs shall be double-spaced (except quotations of more than 50 words);
(3)
Briefs must be in no smaller type or font than 10 characters per inch. Fonts for word processors that will appear as no smaller than 10 characters per inch are Times New Roman 13, CG Times 13, or Courier 12.
(4)
Footnotes shall be in the same size of type as the text of the brief and double-spaced; and
(5)
Appendices on legal-sized paper should be reduced to 81/2 by 11 inch paper and readily legible.
(c)
Binding of briefs.
Briefs shall be bound only at the upper left-hand corner.
(d)
Number of briefs filed is governed by Rule 1.01.
(Amended May 5, 1999, effective October 1, 1999.)
[+] 7.06 Time for filing and serving briefs.
(a)
Brief of appellant.
(1)
Appellant shall file, within 45 days after service of the notice that the case is docketed in the appellate court as provided in Rule 6.01, the required number of copies of the brief in the appellate court, and concurrently one copy of that brief on each party.
(b)
Brief of appellee.
(1)
Appellee shall file, within 45 days after service of appellant's brief, the required number of briefs and shall concurrently serve one copy on each party.
(c)
Reply brief.
(1)
Appellant shall file, within 15 days after the service of appellee's brief, the required number of reply briefs and shall concurrently serve one copy on each party.
(d)
Abbreviated schedule.
(1)
The appellate court may order a shorter time to file and serve briefs.
[+] 7.07 Service of briefs on attorney general. In all cases in which the state is a party, or in which any of its property is involved, or in which a statute, ordinance or franchise is alleged to be unconstitutional, including criminal cases upon reserved questions, and cases arising upon exceptions taken in a criminal case by the district attorney, counsel shall also serve a copy of the brief upon the attorney general.
[+] 7.08 Briefs in criminal cases upon exceptions of district attorney. In criminal cases arising upon the filing of a bill of exceptions by the district attorney, the time for filing and serving briefs shall be governed by Rule 7.06, computed from the time the bill is filed with the supreme court. In case of delay in the appointment of counsel to argue the case against the exceptions beyond the time allowed for the briefs on behalf of the state, counsel shall have the full time allowed that side after the appointment and service of the opposing brief.
[+] 7.09 Pleadings in original cases.
(a)
In all cases originally commenced in the supreme court, the party shall file that pleading along with the filing fee required by Rule 10.02, with the clerk of the supreme court. Any party against whom such relief is sought shall file such response and briefs as the court may direct.
(b)
Rule 1.01 applies.
[+] 7.10 Extension of time.
(a)
An extension of time in which to file briefs may only be obtained from the appellate court upon a motion certifying good cause made before the time to file the brief expires. A motion for an extension of time to file brief must be accompanied by an order in the proper form.
(b)
Good cause, as used in this rule, includes such things as a death in counsel's immediate family, serious illness, or other unanticipated circumstances which justify delay of the appellate process.
[+] 7.11 Failure to file.
(a)
If in any case the party holding the affirmative fails to file a brief within the time fixed by law or the rules herein, the case may be dismissed on the ground of want of prosecution.
(b)
When the party holding the negative has failed to file and serve a brief as is required by these rules, and the brief of the party holding the affirmative has been duly filed and served within the time required, the party holding the affirmative may submit the case, with or without oral argument, and the other party shall not be heard.
[+] 7.12 Amicus curiae.
(a)
A brief of an amicus curiae may be filed only by leave of court granted on motion or the request of the appellate court.
(b)
The motion must be accompanied by the proposed brief and state:
(1)
the movant's interest in the issues raised in the case;
(2)
the reasons an amicus brief is appropriate and desirable;
(3)
the view of the movant with respect to whether a party is not represented competently or is not represented at all;
(4)
the interest of the amicus in some other case that may be affected by the decision in the case before the court; and
(5)
any unique information or perspective the amicus has that can be of assistance to the court beyond that the lawyers for both parties can provide.
(c)
The amicus brief shall comply with Rule 7.01 except that no statement of issues, statement of the case, or an appendix shall be required. In addition the cover page must identify the party or parties supported and indicate whether the brief supports affirmance or reversal.
(d)
The amicus brief shall not exceed 35 pages, and shall otherwise conform to the requirements of W.R.A.P. 7.05.
(e)
An amicus curiae must file its motion not later than 11 days after the principal brief of the party being supported is filed. An amicus curiae who does not support either party must file its brief not later than 11 days after the first brief of any party is filed.
(f)
An amicus curiae is not permitted to file a reply brief.
(g)
Participation in oral arguments by the amicus curiae shall be granted only with the court's permission and the consent of the party supported, and only for extraordinary reasons with the time used to be charged against the party whose contentions amicus curiae supports.
(Amended May 5, 1999, effective October 1, 1999.)
[+] 7.13 Guardian ad litem.
(a)
A lawyer appointed as a guardian ad litem (GAL) by a district court, or a lawyer retained to represent a GAL, may participate in any appeal involving the matter for which the GAL has been appointed.
(b)
Brief of GAL. A GAL may submit a brief in support of any party to an appeal. If the GAL does not support any party, the GAL may submit a brief only with the permission of the court, which may be granted upon motion of the GAL made on or before the time specified in Rule 7.12. All provisions of Rule 7.12 shall apply to a GAL who does not support any party. If the GAL supports a party:
(1)
The brief of the GAL shall be submitted on or before the time specified for the party whom the GAL supports.
(2)
The brief of the GAL shall comply with Rule 7.01, except that no statement of issues, statement of the case, or an appendix shall be required. In addition, the cover page must identify that the brief is being submitted by a GAL and indicate whether the brief supports affirmance or reversal.
(3)
The brief of the GAL shall not exceed 35 pages, and shall otherwise conform to the requirements of W.R.A.P. 7.05.
(4)
A GAL who supports an appellant is not permitted to file a reply brief.
(c)
Oral argument. Unless otherwise ordered by the court, a GAL’s argument may not exceed 10 minutes, which shall be in addition to the time allotted to the parties pursuant to Rule 8.02. If more time is desired, the request must be made by motion at the time of filing the GAL’s brief. The court may make such order as it deems proper.
(Added July 26, 2006, effective December 1, 2006.)
Rule 8. Oral arguments.
[+] 8.01 Settings and appearance.
(a)
There will be two disposition dockets:
(1)
The expedited docket. - Cases assigned to this docket will be considered submitted when the time for reply briefs has expired, without oral argument; and
(2)
The oral argument docket. - Cases assigned to this docket will not be considered submitted until the oral argument has been held.
(b)
Any party may request submission of its case upon its brief without oral argument upon written notice to the clerk.
(c)
The clerk of the appellate court shall promptly notify all parties if a case is assigned to the expedited docket. Any party may move, with good cause shown, not later than 15 days after the entry of the order assigning a case to the expedited docket, to have the case reassigned to the argument docket and the case may be reassigned in the discretion of the appellate court.
(d)
The clerk shall notify parties of cases set for oral argument. A motion to vacate an oral argument may be considered by the court without hearing.
[+] 8.02 Procedure; time allowed for argument. In oral argument, appellant shall be entitled to the opening. Appellee may then be heard. Appellant may then conclude. Unless otherwise ordered by the court, each side may not exceed 30 minutes in argument. If the appeal involves a guardian ad litem, he or she may be entitled to additional time pursuant to Rule 7.13(c). If the appeal involves a guardian ad litem, he or she may be entitled to additional time pursuant to Rule 7.13(c). If more time is desired, the request must be made at the time of filing the brief in the case. The court may make such order as it deems proper.
(Amended July 26, 2006, effective December 1, 2006.)
Rule 9. Decisions, rehearing, mandate.
[+] 9.01 Opinions. The decision of the appellate court shall be set forth in a written opinion or order and filed with the clerk.
[+] 9.02 Reversal in part. If a judgment or appealable order is reversed in part, for error relating only to an issue which is not dependent for its proper trial on any other issue or issues found to have been properly tried, then a partial new trial may be directed by the appellate court, if a trial on that issue does not prejudice or work an injustice on any party.
[+] 9.03 Proceedings after reversal. When a judgment or an appealable order is reversed in the appellate court, either in whole or in part, the court reversing shall proceed to render that judgment as the trial court should have rendered, or remand the cause to the trial court for judgment or additional proceedings as the appellate court may direct. If an appellate court reverses or affirms the judgment or appealable order, it shall not issue execution in causes that are brought before it but shall send a mandate to the trial court, as the case may require, for execution, and the trial court to which the mandate is sent shall proceed in the same manner as if the judgment or appealable order had been rendered in that court.
[+] 9.04 Harmless error. Any error, defect, irregularity or variance which does not affect substantial rights shall be disregarded by the reviewing court.
[+] 9.05 Plain error. Plain errors or defects affecting substantial rights may be noticed although they were not brought to the attention of the trial court.
[+] 9.06 Abbreviated opinions. When all parties to an appeal stipulate in writing for a ruling by the appellate court without a published decision, by entry of an abbreviated opinion, that court may, in its discretion with unanimous vote, determine the case by an abbreviated opinion. The decision for the case will provide the ultimate disposition without a detailed statement of facts or law. The opinion will not be published, or generally disseminated, and shall not constitute precedent of the appellate court.
[+] 9.07 Application for rehearing.
(a)
An application for rehearing of a case in the appellate court shall be by petition to that court, signed by counsel, briefly stating the points wherein it is alleged that the appellate court has erred, and shall be filed within 15 days after the decision is rendered. The petition shall be accompanied by a brief covering the points and authorities upon which the petitioner relies. The petition and brief may be combined and filed as one document. The petition and brief may be combined and filed as one document. A copy of the petition and the brief shall, within the time above specified, be served upon all parties. There shall be no oral argument on petitions for rehearings unless argument is requested by the appellate court.
(b)
Rule 1.01 applies.
(Amended July 26, 2006, effective December 1, 2006.)
[+] 9.08 Suspension of proceedings. The filing of the petition for rehearing within the time allowed shall suspend proceedings under the decision until the petition is decided, unless the appellate court shall otherwise order.
[+] 9.09 Hearing. When a rehearing is granted, the other party, within 15 days of that grant, shall file with the appellate court an answer and supporting brief as described in Rule 9.07, which shall also be served upon petitioner.
[+] 9.10 Mandate.
(a)
Upon the denial of a petition for rehearing, or if within 15 days after the decision no petition for rehearing is filed, a mandate shall be issued to the trial court, as the case may require, for execution. A copy of the mandate shall be sent to all parties.
(b)
In a criminal appeal when the judgment and sentence is reversed either in part or entirely, a copy of the mandate and opinion shall be sent to the warden and to the attorney general.
(Amended May 4, 2001, effective September 1, 2001.)
Rule 10. Costs and fees.
[+] 10.01 Cost of record, docket and service fees.
(a)
Appellant, at the time of filing appellant's brief, must file with the clerk of the appellate court a statement of the cost of the original transcript of the evidence with information regarding the payment.
(b)
The fees charged for the services of the clerk in the appellate court for criminal cases, where there is no statute to the contrary, shall be the same as those prescribed in civil cases.
[+] 10.02 Costs in reserved cases, certified cases, and rule 13 cases. In each civil case sent to an appellate court upon reserved questions, certified cases and Rule 13 cases, the usual docketing fee required by law to be paid in other cases shall be paid upon the filing of the papers in the court. Such docketing fee shall be advanced by the party or parties designated by the trial court or judge, but in the absence of any such designation, then by the plaintiff or petitioner in the action. The costs in such reserved cases accruing in the court shall be taxed and abide the suit as in other cases.
[+] 10.03 Costs on bill of exceptions and reserved questions in criminal cases. No fees shall be collected in criminal cases properly filed with the supreme court on certification, reserved questions, or by bill of exceptions of a district attorney unless otherwise provided by statute.
[+] 10.04 Costs on reversal. When a judgment or appealable order is reversed, appellant shall recover costs, and when reversed in part and affirmed in part, the court may apportion the costs between the parties in such manner as it deems equitable; and there shall be taxed as a part of such costs the cost of making the transcript of the evidence in the case and for typewriting and reproducing of briefs, such costs to be computed at the rate allowed by law for making the transcript of such evidence; provided, however, that the appellate court may, by order entered of record, refuse to allow as part of such costs those costs as may result from the insertion in the transcript of the evidence, or in the briefs, those portions as may clearly appear to have been unnecessary.
[+] 10.05 Costs and penalties on affirmance. If the judgment or appealable order is affirmed in a civil case, appellee shall recover the cost for publication of the brief with the cost to be computed at the rate allowed by law for making the transcript of the evidence. If the court certifies there was no reasonable cause for the appeal, a reasonable amount for attorneys' fees and damages to the appellee shall be fixed by the appellate court and taxed as part of the costs in the case. The amount for attorneys' fees shall not be less than one hundred dollars ($100.00) nor more than five thousand dollars ($5,000.00). The amount for damages to the appellee shall not exceed two thousand dollars ($2,000.00).
[+] 10.06 Time for filing costs and fees. Any motions for costs or fees shall be filed with the court within 15 days after the final written opinion or order is filed.
(added May 5, 1999, effective October 1, 1999.)
[+] 10.07 In forma pauperis. A defendant in a criminal case who desires to proceed on appeal in forma pauperis shall file in the trial court one copy of a motion for leave so to proceed, together with an affidavit documenting the defendant's inability to pay fees and costs or to give security. The motion shall be accompanied by a proposed order. If the trial court finds defendant is qualified to proceed in forma pauperis, defendant may proceed without further application to the appellate court, and without payment of fees or costs in either court or the giving of security. In original proceedings, the application shall be made in the appellate court.
(renumbered May 5, 1999, effective October 1, 1999.)
Rule 11. Certification of questions of law.
[+] 11.01 Generally. The supreme court may answer questions of law certified to it by a federal court or a state district court, and a district court may answer questions of law certified to it by a circuit court, municipal court or an administrative agency, if there is involved in any proceeding before the certifying court or agency a question of law which may be determinative of the cause then pending in the certifying court or agency and concerning which it appears there is no controlling precedent in the decisions of the supreme court. Any decision rendered by a district court under this section may be reviewed by the supreme court only through the provisions for writ of review, Rule 13.
(Amended May 4, 2001, effective September 1, 2001; amended December 2, 2002, effective January 6, 2003.)
[+] 11.02 Method of invoking. Rule 11 may be invoked upon the motion of the court or of any party to the cause.
[+] 11.03 Contents of certification order. A certification order shall set forth:
(a)
The questions of law to be answered;
(b)
A statement of all facts relevant to the questions certified;
(c)
The nature of the controversy in which the questions arose; and
(d)
A designation of the party or parties who will be the appellant(s), i.e. the party holding the affirmative, in the appellate court.
[+] 11.04 Preparation of certification order.
(a)
The certification order shall be prepared by the certifying court or agency, signed by the judge presiding at the hearing or a designated individual for the agency, and forwarded to the reviewing court by the clerk of the certifying court or the designated individual for the agency under the official seal of the court or agency. The reviewing court may require the original or copies of all, or of any portion of the record before the certifying court, to be filed under the certification order, if, in the opinion of the reviewing court, the record or any portion may be necessary in answering the questions.
(b)
The reviewing court shall accept or reject a certified question within 30 days of receiving the certification order. A request for certification is deemed denied if not granted within 30 days of filing in the reviewing court.
[+] 11.05 Costs. Fees and costs shall be the same as in civil appeals docketed before the reviewing court. Payment of the docketing fee shall be borne by the party seeking certification. If both parties seek certification, then the parties shall each pay one-half of the docketing fee. In any other circumstances, fees and costs shall be paid as directed by the certifying court in its order of certification.
[+] 11.06 Briefs and argument. Upon the agreement of the reviewing court to answer the certified questions, notice shall be given to all parties. The appellant in the appellate court shall file a brief within 45 days from the date of receipt of the notice, and the opposing party within 45 days from service of copies of appellant's brief. Briefs must be in the manner and form of briefs as provided in Rules 1.01 and 7, and oral arguments shall be as provided in Rule 8.
[+] 11.07 Opinion. The written opinion of the reviewing court, stating the law governing each question certified, shall be sent by the clerk of the reviewing court under the court's seal to the certifying court or agency and to the parties. No mandate shall issue after publication of answers to certified questions.
(Amended May 4, 2001, effective September 1, 2001.)
Rule 12. Judicial review of administrative action.
[+] 12.01 Generally. To the extent judicial review of administrative action by a district court is available, any person aggrieved or adversely affected in fact by a final decision of an agency in a contested case, or who is aggrieved or adversely affected in fact by any other agency action or inaction, or who is adversely affected in fact by a rule adopted by that agency, may obtain such review as provided in this rule. All appeals from administrative agencies shall be governed by these rules.
[+] 12.02 Definitions. As used in Rule 12, the words "agency", "contested case", "party", "person" and "rule" (when referring to an agency or administrative rule), shall have the meanings set forth in Wyo. Stat. 16-3-101, provided, that "agency" shall not mean a sheriff, clerk of court, district court commissioner, master, referee, receiver, appraiser, executor, administrator, guardian, commissioner appointed by a court, or any other officer of a court or officer appointed by a court, the governing body of a city or town, or the state legislature.
[+] 12.03 Institution of proceedings.
(a)
The proceedings for judicial review under Rule 12 shall be instituted by filing a petition for review in the district court having venue. No other pleading shall be necessary, either by petitioner or by the agency or by any other party. No summons shall be necessary. The petition shall conform to the requirements set forth in Rule 12.06.
(b)
Copies of the petition shall be served without unnecessary delay upon the agency and all parties in accordance with Rule 5, Wyo.R.Civ.P.
(Amended May 5, 1999, effective October 1, 1999; amended May 4, 2001, effective September 1, 2001.)
[+] 12.04 Time for filing petition; cross-petitions for review; ordering transcript.
(a)
In a contested case, or in an uncontested case, even where a statute allows a different time limit on appeal, the petition for review shall be filed within 30 days after service upon all parties of the final decision of the agency or denial of the petition for a rehearing, or, if a rehearing is held, within 30 days after service upon all parties of the decision.
(b)
Upon a showing of excusable neglect the district court may extend the time for filing the petition for review, said extension not to exceed 30 days from the expiration of the original time prescribed in paragraph (a).
(c)
If a timely petition for review is filed by any party, any other party may file a cross-petition for review within 15 days of the date on which the first petition for review was filed. A cross-petition for review shall conform to the requirements set forth in Rule 12.06.
(d)
Concurrently with the filing of a petition for review, or a cross-petition for review, the party so filing shall order and arrange for the payment for a transcript of the testimony necessary for the appeal. Written evidence disclosing the portions of the transcript ordered and compliance with this paragraph shall be served upon the agency and all parties as provided in Rule 5, Wyo.R.Civ.P.
(Amended May 5, 1999, effective October 1, 1999; amended May 4, 2001, effective September 1, 2001.)
[+] 12.05 Stay of enforcement. Filing of the petition does not itself stay enforcement of the agency decision. The reviewing court may order a stay upon appropriate terms. If the stay involves an order preventing an agency or another party from committing or continuing an act or course of action, the provisions of Rule 65, Wyo. R. Civ. P., relating to injunctions shall apply.
[+] 12.06 Requirements of petition. The petition for review shall not exceed five pages in length, excluding appendix, and shall be in the format described in Rule 7.05(b). The petition for review shall include:
(a)
A concise statement showing jurisdiction and venue;
(b)
The specific issues of law addressed to the district court for review;
(c)
For petitions in contested cases, a list of all persons or agencies formally identified as parties, as defined in W.S. 16-3-101(b)(vi); in all other cases, a person seeking judicial review of agency action must affirmatively file as a petitioner under W.S. 16-3-114 to be considered as a party;
(d)
For petitions of contested cases, a brief statement of the facts relevant to the legal issues raised before the agency, showing the nature of the controversy in which the legal issues arose;
(e)
A copy of the agency decision attached as an appendix; and
(f)
The name, file number and court in which any related petition for judicial review is pending.
(Amended May 5, 1999, effective October 1, 1999.)
[+] 12.07 Record.
(a)
Within 60 days after the service of petition, or within the time allowed by the reviewing court, the agency shall transmit to the reviewing court the original or a certified copy of the entire record of the proceedings under review and a separate letter of transmittal marked for the personal attention of the judge or judges of the reviewing court. The record papers transmitted to the appellate court by the agency shall be securely fastened, in an orderly manner, in one or more volumes consisting of no more than 250 pages per volume, with pages numbered and with a cover page bearing the title of the case and containing the designation "Transmitted Record," followed by a complete index of all papers. The agency shall provide copies of the index to the reviewing court and to the parties. Concurrently with transmitting the record, the agency shall serve notice of the transmittal on all parties.
(b)
The record in a contested case shall consist of the matter required by W. S. 16-3-107(o), Wyoming Administrative Procedures Act. To the extent any matter required was not preserved by the agency and there is no record, the court may take evidence on that matter. The record in all other cases shall consist of the appropriate agency documents reflecting the agency action and its basis. By stipulation of all parties to the review proceedings, the record may be shortened. Any party unreasonably refusing to stipulate to limit the record may be disciplined in accordance with Rule 1.03. The reviewing court may require or permit subsequent additions or corrections to the record. A record remanded by a court to an agency for any reason or purpose may be recalled by the remanding court, as necessary, upon its own motion.
(Amended May 5, 1999, effective October 1, 1999.)
[+] 12.08 Presentation of evidence. If, before the date set for hearing, application is made to the reviewing court for leave to present additional evidence, and it is shown to the satisfaction of the court the additional evidence is material, and good cause for failure to present it in the proceeding before the agency existed, the reviewing court, in contested cases, shall order the additional evidence to be taken before the agency upon those conditions determined by the reviewing court. The agency may adhere to, or modify, its findings and decision after receiving such additional evidence, and shall supplement the record to reflect the proceedings had and the decision made. Supplemental evidence may be taken by the reviewing court in cases involving fraud, or involving misconduct of some person engaged in the administration of the law affecting the decision. In all cases other than contested cases, additional material evidence may be presented to the reviewing court.
[+] 12.09 Extent of review.
(a)
Review shall be conducted by the reviewing court and shall be confined to the record as supplemented pursuant to Rule 12.08 and to the issues set forth in the petition and raised before the agency. Review shall be limited to a determination of the matters specified in Wyo. Stat. 16-3-114(c).
(b)
Upon such review, or in response to a motion for certification or interlocutory appeal by any party within 30 days of the filing of the petition for review and after allowing fifteen (15) days from service for response, the district court may, as a matter of judicial discretion, certify the case to the supreme court. In determining whether a case is appropriate for certification, the district court shall consider whether the case involves:
(1)
a novel question;
(2)
a constitutional question;
(3)
a question of state-wide impact;
(4)
an important local question which should receive consideration from the district court in the first instance;
(5)
a question of imperative public importance; or
(6)
whether an appeal from any district court determination is highly likely such that certification in the first instance would serve the interests of judicial economy and reduce the litigation expenses to the parties.
Not later than 15 days after its receipt of the completed record, the district court shall notify the parties of its decision concerning certification by order, which shall include a concise statement of the issues raised in the petition and findings, which support the determination concerning certification. Upon entry of an order of certification, the petitioner shall pay the required docketing fee.  The clerk of the district court shall promptly forward copies of the order of certification, the petition for review, and the record made with respect to the six factors considered in determining whether the case is appropriate for certificationto the clerk of the supreme court.  The supreme court, in its discretion, may accept or reject a certified case, and it shall accept or reject the case within 30 days of receiving the certification order.  If a case is rejected by the supreme court the review shall be conducted by the district court in accordance with paragraphs (a), (c) and (d) of this rule. The filing of the record, briefs, and oral argument in the supreme court shall be as in civil cases pursuant to Rules 2.08(b), 4, 7 and 8.
(c)
For all cases not certified to the supreme court, the district court may receive written briefs and hear oral argument in its discretion. The briefing schedule shall be fixed by the district court.
(d)
The district court may, in its discretion, remand the case to the agency for proceedings in accordance with the direction of the court. The district court shall enter judgment reversing, vacating, remanding or modifying the order for errors appearing on the record.
(Amended May 5, 1999, effective October 1, 1999; amended May 4, 2001 effective September 1, 2001.)
[+] 12.10. Joint or several appeals; agreed statement. The provisions of Rules 1.06 and 3.08 apply to appeals from administrative agencies to the district court.
[+] 12.11. Review by supreme court.
(a)
An aggrieved party may obtain review of any final judgment of the district court by appeal to the supreme court.
(b)
If the final judgment of the district court is appealed to the supreme court, the filing of the record, briefs, and oral argument in the supreme court shall be as in civil cases pursuant to Rules 1.01, 3, 7, and 8.
(Amended July 26, 2006; effective December 1, 2006.)
[+] 12.12. Relief available by independent action. The relief, review, or redress available in suits for injunction against agency action or enforcement, in actions for recovery of money, in actions for a declaratory judgment based on agency action or inaction, in actions seeking any common law writ to compel, review or restrain agency action shall be available by independent action notwithstanding any petition for review.
Rule 13. The petition for a writ of review.
[+] 13.01. Generally.
(a)
All applications to the supreme court for interlocutory or extraordinary relief from orders of the district courts, including such applications as are established by statute (e.g. Wyo. Stat. 5-2-119 and 7-14-107), may be made as petitions for a writ of review. Granting of a petition is within the discretion of the supreme court.
(b)
All applications to a district court for interlocutory or extraordinary relief from orders of administrative agencies and the municipal, and circuit courts, including such applications as are established by statute may be made as petitions for a writ of review. Granting of a petition is within the discretion of the district court.
(c)
The petitioner for a writ of review shall specifically state the nature of review desired and the relief sought.
(Amended May 4, 2001, effective September 4, 2001; amended December 2, 2002, effective January 6, 2003.)
[+] 13.02 When interlocutory review may be granted. A writ of review may be granted by the reviewing court to review an interlocutory order of a trial court in a civil or criminal action, or from an interlocutory order of an administrative agency, which is not otherwise appealable under these rules, but which involves a controlling question of law as to which there are substantial bases for difference of opinion and in which an immediate appeal from the order may materially advance resolution of the litigation.
[+] 13.03 Petition and response to petition.
(a)
A petition for a writ of review must be filed with the reviewing court within 15 days after entry of the order from which relief is sought.
(b)
Any party may file a response within 15 days after filing of the petition.
(c)
The reviewing court may grant the petition anytime after the 30th day or as soon as both the petition and the response have been filed with the reviewing court, but it shall be deemed denied if the reviewing court does not accept review within 40 days from the date of the petition.
(d)
Rule 1.01 applies.
(Amended May 4, 2001, effective September 1, 2001; amended July 26, 2001, effective December 1, 2006.)
[+] 13.04. Contents of petition for writ of review. The petition shall be captioned in the reviewing court. It shall contain concise statements of the following:
(a)
The nature of the review desired and the relief sought;
(b)
The facts necessary to an understanding of the controlling questions of law determined by the lower court or administrative agency;
(c)
The question itself;
(d)
The principles of law upon which petitioner relies, with citation of authorities in support but without argument;
(e)
A statement explaining why the ends of justice require review;
(f)
A certification that the petition is not interposed for purpose of delay; and
(g)
A certification that no notice of entry of the order sought to be reviewed was provided, if such is the case.
[+] 13.05. Exhibits and attachments to the petition for a writ of review. Unless otherwise ordered by the reviewing court, copies of the following shall be attached as exhibits to all petitions for a writ of review:
(a)
All relevant pleadings;
(b)
The order sought to be reviewed;
(c)
All pertinent findings of fact and conclusions of law and memorandum opinions; and
(d)
Any other documents or exhibits petitioner may deem essential.
(Amended May 5, 1999, effective October 1, 1999.)
[+] 13.06. Stay of lower court or administrative agency proceedings. A petition for a writ of review shall not stay proceedings in the trial court or administrative agency unless the trial court or agency, or reviewing court, so orders.
[+] 13.07. Writ of review. The order granting the writ of review may set forth the particular issue or point of law which will be considered and may be on such terms as the reviewing court conditions. If the petition is granted, all proceedings shall be within the time required for appeals. Oral argument will not be held except at the direction of the reviewing court. No petition for rehearing shall be permitted.
[+] 13.08. Disposition of the writ when granted. If the writ of review is granted, the reviewing court may reverse, vacate, remand or modify the decision for errors appearing on the record.
[+] 13.09. Duties of clerks.
(a) Grant of petition. -
When a petition for a writ of review is granted, the clerk of the reviewing court shall enter that order and shall notify the trial court or administrative agency and counsel of record. The order may direct that all or part of the record be transmitted to the reviewing court.
(b) Denial of petition. -
Upon denial of a petition for a writ of review, the clerk of the reviewing court shall notify the trial court or administrative agency and counsel of record of such denial and forward copies of the order.
Rule 14. Service of papers and computation of time.
[+] 14.01. Service; how made.
(a)
Whenever, under these rules, service is required or permitted to be made upon a party represented by an attorney, the service shall be made upon the attorney unless personal service upon the party is ordered by the court. Service upon the attorney or upon the party shall be made by delivering a copy to that party or by mailing it to the last known address, or, if no address is known, by leaving it with the clerk of the appellate court. Copies deposited with the clerk shall be promptly mailed or delivered by the clerk to the attorney of the party so entitled, or to the party, if the party has no attorney of record.
(b)
Delivery of a copy within this rule means handing it to the attorney or to the party, or leaving it at the party's office with the clerk or other person in charge, or leaving it in a conspicuous place, or, if the office is closed or the person to be served has no office, leaving it at the party's dwelling house or usual place of abode with some member of the family over the age of 14 years who resides there or otherwise, as provided in Wyo. R. Civ. P. 5. Service by mail is complete upon mailing.
[+] 14.02. Computation of time. In computing any period of time prescribed or allowed by these rules, or by order of court, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, or, when the act to be done is the filing of a paper, a day on which weather or other conditions have closed the office of the clerk of the court, in which event the period runs until the end of the next day which is not one of the above described days. As used in this rule "legal holiday" includes any day officially recognized as a legal holiday in this state by designation of the legislature or appointment as a holiday by the chief justice of the Wyoming Supreme Court.
[+] 14.03. Additional time after service by mail. Whenever a party has the right, or is required to do some act or take some proceedings within a prescribed period from or after the service of a brief, notice or other paper upon that party, and the brief, notice or other paper, is served upon the party by mail or by delivery to the clerk, three days shall be added to the prescribed period.
[+] 14.04. Pro se filings by inmates. Any document under these rules which is filed pro se by an inmate who is confined in a penal institution and who is a party in either a civil or criminal case is timely filed if that document is deposited in the institution's internal mail system on or before the last day allowed for filing by these rules or by court order. If an institution has a system designed for legal mail, the inmate must use that system to receive the benefit of this rule. Timely filing shall be shown by a written certification appended to the document that the document was so filed or the appearance on the inmate mailing of a stamp indicating the date of its receipt by the institution's mail system.
Rule 15. Petition for reinstatement.
[+] A petition for reinstatement of a case in the appellate court, after dismissal, shall be by petition to the appellate court, signed by counsel, stating the reasons, and supported by a showing, in writing, as may be essential. The petition shall be filed within 15 days after the order of dismissal has been made, and shall be accompanied by a brief containing the points and authorities upon which petitioner relies. The petition and brief may be combined and filed as one document. Rule 1.01 applies. A copy of such petition, as well as the brief, shall also be served on the counsel for opposing party who may have appeared in the appellate court in the case within the above-specified time. Counsel for opposing party shall have 15 days after such service within which to file with the court any objections to the petition, together with a brief covering the points and authorities upon which the opposing party relies. The opposing party shall also serve upon counsel for the petitioner a copy of the objections and brief. There shall be no oral argument on the petition and the objections, unless requested by the court.
(Amended July 26, 2006, effective December 1, 2006.)
Rule 16. Motions.
[+]
(a)
Motions submitted to an appellate court shall be filed with the clerk and served in accordance with Wyo. R. Civ. P. 5.
(b)
A motion directed to a subject matter which may substantially affect the disposition of a case shall, at the time of filing, be supported by a memorandum of points and authorities. The motion and memorandum may be combined and filed as one document. Rule 1.01 applies. Upon filing, such motion and memorandum shall be served upon the adverse party or the attorney of record who, within 15 days after service, may file and serve a similar memorandum. The court may resolve a motion without oral argument, or may order a hearing. All motions not previously determined shall be heard or submitted at the time regularly assigned for the hearing of the case. All motions shall be in the same form as described in Rule 7.05(b). Each motion filed must be accompanied by a proposed order.
(Amended May 1, 2001, effective September 1, 2001; amended July 26, 2006, effective December 1, 2006.)
Rule 17. Substitution of parties.
[+] 17.01. Death of a party.
(a)
If a party dies after a notice of appeal is filed, or while a proceeding is otherwise pending in the appellate court, the personal representative of the deceased party may be substituted as a party on motion filed by the representative or by any party with the clerk of the appellate court. The motion of a party shall be served upon the representative in accordance with the provisions of Rule 5, Wyo. R. Civ. P. If the deceased party has no representative, any party may notify the appellate court of the death on the record and proceedings shall then be had as the appellate court may direct. If a party against whom an appeal may be taken dies after entry of a judgment or order in the trial court but before a notice of appeal is filed, an appellant may proceed as if death had not occurred.
(b)
After the notice of appeal is filed substitution shall be effected in the appellate court in accordance with this rule. If a party entitled to appeal shall die before filing a notice of appeal, the notice of appeal may be filed by a personal representative, or, if the party has no personal representative, by the attorney of record within the time prescribed by these rules. After the notice of appeal is filed substitution shall be effected in the appellate court in accordance with this rule.
(c)
In appeals of criminal convictions, an appeal shall be dismissed if the convicted person dies.
[+] 17.02. Substitution for other causes; incompetency. If substitution of a party in the appellate court is necessary because of incompetency or for any reason other than death, substitution shall be effected in accordance with the procedure prescribed in Rule 17.01.
[+] 17.03. Public officers; death or separation from office. When a public officer is a party to an appeal or other proceeding in the appellate court in an official capacity and during its pendency dies, resigns or otherwise ceases to hold office, the action does not abate and the successor is automatically substituted as a party. Proceedings following the substitution shall be in the name of the substituted party, but any misnomer not affecting the substantial rights of the parties shall be disregarded. An order of substitution may be entered at any time, but the omission to enter such an order shall not affect the substitution.
When a public officer is a party to an appeal or other proceeding in an official capacity the public officer may be described as a party by the official title rather than by name; but the court may require the name to be added.
Rule 18. Voluntary dismissal.
[+] If the parties to an appeal or other proceeding shall sign and file with the clerk of the appellate court an agreement that the proceeding be dismissed, specifying the terms as to payment of costs, and shall pay whatever fees are due, the clerk shall enter the case dismissed, but no mandate or other process shall issue without an order of the appellate court. An appeal may be dismissed on motion of appellant upon such terms as may be agreed upon by the parties or fixed by the appellate court.
Rule 19. Appearance, withdrawal or substitution of counsel.
[+] 19.01. Appearance; admission pro hac vice.
(a)
Definitions.
(1)
“Applicant” means a member of the bar of any state, district or territory of the United Stated applying for admission pro hac vice.
(2)
“Local counsel” means an active member of the Wyoming State Bar.
(3)
“Rule 11" refers to Rule 11 of the Rules Providing for the Organization and Government of the Bar Association and Attorneys at Law of the State of Wyoming.
(b)
Counsel or firms shown as participating in the filing of any motion, other pleading, or brief in the appellate court shall, unless otherwise indicated, be deemed to have appeared in the cause.
(c)
Any attorney who is not an active member of the Wyoming State Bar must seek admission pro hac vice upon a motion made by local counselin order to appear in any matter in a Wyoming appellate court. The applicant must also be a member in good standing of the bar of another jurisdiction.
(d)
Unless otherwise ordered, a motion to appear pro hac vice maybe granted only if the applicant complies with Rule 11 and associates with local counsel. Unless excused by the court, local counselmustsign all papers filed, be present in court during all proceedings in connection with the case, and have full authority to act for and on behalf of the client(s) in all matters in connection with the case.
(e)
Applicants consent to the exercise of disciplinary jurisdiction by the court over any alleged misconduct which occurs during the progress of the case in which the attorney so admitted participates.
(Amended May 4, 2001, effective September 1, 2001; October 28, 2004, effective March 1, 2005.)
[+] 19.02. Withdrawal. No attorney or firm who has appeared in a cause on appeal may withdraw from it without written consent of the appellate court filed with the clerk. Such consent may be conditioned upon substitution of other counsel.
[+] 19.03. Notice of withdrawal or substitution. Notice of withdrawal or substitution of counsel shall be given to all parties either by withdrawing counsel or by substituted counsel and proof of service filed with the clerk. If an attorney ceases to act in a cause for a reason other than withdrawal with consent, upon motion of any party, the court may require the taking of such steps as it may deem advisable to insure that the cause will proceed with promptness and dispatch.
Rule 20. Hearings of supreme court causes before a district court.
[+] Whenever a cause over which the supreme court has original jurisdiction is pending, the court may direct any district judge of the state to conduct a hearing at any county seat in the state. The judge conducting hearing shall make findings of fact and conclusions of law and shall forward the entire proceedings and record properly certified, to the supreme court for final determination of the cause.
Rule 21. Motion to remand for hearing on ineffective assistance of counsel claim.
[+]
(a)
An appellant in a criminal case, following the docketing of an appeal, may move to remand the case to the trial court for a hearing on a claim of ineffective assistance of counsel. Such remand shall be available only if the motion is accompanied by affidavits containing nonspeculative allegations of facts, not fully appearing in the record on appeal, which, if true, could support a determination that counsel's representation was deficient and prejudiced the appellant. The motion shall also be accompanied by a proposed order of remand that identifies the ineffectiveness claims and specifies the factual issues relevant to each such claim to be addressed on remand. A copy of the motion for remand shall be served upon all trial counsel.
(b)
The motion shall be filed prior to the filing of the appellant's brief. A response may be filed within 15 days after the motion is served. Upon a showing of extraordinary circumstances, a motion may be filed after the filing of appellant's brief, but in no event shall the court permit a motion to be filed after the case has been taken under advisement.
(c)
The appellate court may, within 30 days of the filing of the motion, order that the case be temporarily remanded to the trial court for a hearing on a claim of ineffective assistance of counsel. The order of remand shall identify the ineffectiveness claims and specify the factual issues relevant to each such claim to be addressed by the trial court. The order shall also direct the trial court to complete the proceedings on remand and file its findings of fact and conclusions of law in the trial court within 90 days of issuance of the order of remand, absent a finding by the trial court of good cause for a delay of reasonable length.
(d)
Deadlines for filing of briefs shall be stayed upon the filing of a motion to remand under this rule until further order of the appellate court.
(e)
Upon remand the trial court shall promptly conduct hearings and take evidence as necessary to enter its findings of fact and conclusions of law on the claim of ineffective assistance of counsel. Any claims of ineffectiveness not identified in the order of remand shall not be considered by the trial court on remand unless the trial court determines that the interests of justice or judicial efficiency require consideration of issues not specifically identified in the order of remand. The burden of proving a fact shall be upon the proponent of the fact by a preponderance of the evidence. The trial court shall enter written findings of fact and conclusions of law concerning the claimed deficient performance by counsel and the claimed prejudice suffered by appellant as a result, in accordance with the order of remand. Errors claimed to have been made during the trial court proceedings conducted pursuant to this rule are reviewable under the same standards as the review of errors in other appeals.
(f)
At the conclusion of all proceedings before the trial court, the clerk of the trial court and the court reporter shall immediately prepare and file the record of supplemental proceedings as required by these rules. The clerk of the trial court shall notify the clerk of the appellate court when the record of these proceedings is complete and provide a copy of the order on remand.
(g)
Upon receipt of the notification from the trial court that the record of the proceedings is complete, the clerk of the appellate court shall notify the parties of the new briefing schedule.
Rules 22 through 26.
[+] [Reserved].
Rule 27. Rules superseded.
[+] From and after the effective date of these rules, all other rules in conflict with these rules shall be of no further force or effect. The following rules are superseded:
W.R.A.P.C.L.J. - all.
Rule 28. Title.
[+] These rules shall be known as the Wyoming Rules of Appellate Procedure and may be cited as Wyo. R. App. P.
Rule 29. Effective date.
[+] The amendments to these rules shall become effective 60 days after their publication in the advance sheets of the Pacific Reporter.
INTRODUCTION OF APPENDICES
See Wyoming Court Rules Annotated for the appendices.
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