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Rules of the Supreme Court of Wyoming
Amended March 18, 1998;
Amendment Effective May 8, 1998;
Amended September 11, 1990;
Amendment Effective December 4, 1990;
Amended November 17, 1987;
Amendment Effective February 9, 1988;
Amended February 7, 1977;
Amendment Effective March 1, 1977;
Amended March 30, 1973;
Amendment Effective June 1, 1973;
Amended December 22, 1965;
Amendment Effective March 22, 1966;
Amended November 9, 1960;
Amendment Effective March 21, 1961;
Created July 2, 1957;
Effective December 1, 1957;
Note:
Rules 4-15, 18-20 and 24 as originally adopted were abrogated with the adoption
of the Wyoming Rules of Appellate Procedure. Original Rules 3 and 22 were
repealed. The remaining rules have been renumbered consecutively.
Text of Rules
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Rule 1.
Public sessions; terms; business hours; open hearings.
| (a) |
Public sessions of the court during each regular term shall be
held at the Supreme Court and Library Building at the capital of
Wyoming, commencing at 9:00 a.m., unless otherwise specially
ordered in stated cases.
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| (b) |
Each term shall be deemed open and continue until the commencement of the next
succeeding term.
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| (c) |
The court shall be open during all business hours for the filing of papers and
documents, the hearing of cases, the rendering of decisions and the making of
orders and rules; provided that, unless the court shall order otherwise, all
hearings shall be held in open court after such notice to the parties or their
counsel as the court shall deem reasonable.
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Rule 2.
Clerk of Court.
The clerk of the court shall reside at the capital of Wyoming and keep his
office at the Supreme Court and Library Building and shall not practice as an
attorney or counselor in this or any other court while he continues in such
position. He shall have the custody of the seal and all records, books and
papers appertaining to the court and the proceedings therein. He shall keep a
record of all proceedings of the court, and for this purpose shall keep a
journal, an appearance docket, a roll of the attorneys admitted to practice in
the court showing the date of their admission, and a book for noting the filing
of applications for admission to the bar and the proceedings thereon. He shall
record in the journal as they occur the orders, judgments and other proceedings
of the court which are proper to be recorded therein. He shall enter each case
upon the appearance docket in the order in which it is commenced or filed,
numbering the cases consecutively. At the time of the commencement or filing of
a case, he shall enter on the appearance docket the full names of the parties,
with the names of counsel then appearing, or shown by the papers on file, and
thereafter, whenever they appear, the name or names of other counsel, and shall
note under the case so docketed at the time the same occurs the filing of the
various papers, the issuance of any process, the orders made in the case, the
fees and taxation of costs, and whenever any fees are paid or advanced the
amount and date thereof and the party paying or advancing the same, and such
other proceedings, if any, as may be necessary from time to time to show the
condition of the case. Whenever a decision is rendered the clerk shall promptly
give notice thereof by mail or telephone call to an attorney on each side,
unless such attorneys are in attendance at the time the decision is announced.
(amended December 22, 1965; effective March 22, 1966)
Rule 3.
Prerogative writs.
In any application made to the court for a writ of habeas corpus, mandamus, quo
warranto or for any prerogative writ to be issued in the exercise of its
original jurisdiction and for which an application might have been lawfully made
to some other court in the first instance, the petition shall, in addition to
the necessary matter requisite by the rules of law to support the application,
also set forth the circumstances which, in the opinion of the applicant, render
it necessary or proper that the writ should issue originally from this court,
and not from such other court, and the sufficiency or insufficiency of such
circumstances so set forth in that behalf will be determined by the court in
awarding or refusing the application. In case any court, justice or other
officer, or any board or other tribunal, in the discharge of duties of a public
character, be named in the application as defendant, the petition shall also
disclose the name or names of the real party or parties, if any, in interest, or
whose interest would be directly affected by the proceedings; and in such case
it shall be the duty of the applicant obtaining an order for any such writ to
serve or cause to be served upon such party or parties in interest a true copy
of the petition and of the writ issued thereupon, and to file in the office of
the clerk of this court evidence of such service.
Rule 4.
Writs of prohibition.
| (a) |
Petition; issuance of writ. - Writs of prohibition in this court shall be
applied for upon petition, duly verified in manner required for the verification
of petitions in other cases; such petition shall state in concise form the
grounds upon which the application is made and shall be presented to this court,
or a justice thereof. If the cause shown appears to this court, or a justice, to
be sufficient, a writ shall thereupon issue, which shall command the court or
judge thereof, and the party in whose favor the proceedings to be restrained
were taken or are about to be taken, to desist and refrain from further
proceedings in the action or matter specified therein until further order of the
court thereon and to show cause why they should not be absolutely restrained
from any further proceedings in such action or matter.
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(amended July 12, 1971; effective November 18, 1971)
Rule 5.
Admission of attorneys to bar.
[Repealed March 18, 1998, effective May 8, 1998.]
Rule 6.
Criminal arraignment proceedings in district court.
The entire proceedings upon all criminal arraignments in the district court
shall be stenographically reported by the official court reporter, promptly
transcribed and certified by him as being true and correct in all particulars,
and then filed with the clerk of the district court as a part of the record in
case.
(added November 9, 1960, effective March 21, 1961)
Rule 7.
Multiple-court districts.
| (a) |
Judges in a multiple-court district, within forty-five (45) days after the
effective date of this rule, may:
| (1) |
Select one (1) of their number to act as coordinator, with responsibility for
administration in the district; and
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| (2) |
Adopt rules and formats governing working arrangements, including assignment and
disposition of cases, which shall be effective upon approval of the Supreme
Court.
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| (b) |
If a coordinator is not selected or rules adopted as provided herein, the
Supreme Court will designate one (1) of the judges of the district to act as
coordinator and will adopt such rules as it may consider proper.
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| (c) |
The judges in any multiple-court district may at any time:
| (1) |
Present to the Supreme Court amendments to existing rules; and
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| (2) |
Change their selection of coordinator.
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(added March 30, 1973, effective June 1, 1973)
Rule 8.
Filing and service of documents by facsimile transmission.
| (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 court and/or served
by facsimile transmission.
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| (b) |
No documents shall be transmitted to the supreme court for filing without prior
telephonic notification to the clerk of court. Only under emergency
circumstances shall documents be filed by facsimile transmission with the court.
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| (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 of time for delivery by mail
will not apply.
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| (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.
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| (e) |
Proof of service for documents served by facsimile transmission shall state the
date and time of service and the facsimile telephone number or identification
symbol of the receiving attorney.
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| (f) |
Any document filed by facsimile transmission which requires a filing fee shall
contain a certification that the filing fee was mailed contemporaneously with
the facsimile filing. Faiure to submit the filing fee in accordance with this
provision may result in the filing being declared void.
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| (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.
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| (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
appropriate location as provided for in the court rules pertaining to service.
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| (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
court rules.
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Rule 9.
Admission of law professors to bar.
| (a) |
Upon application a professor of the University of Wyoming Law School who has
been employed as a professor by such university on a full-time basis for at
least two (2) complete scholastic years may apply for admission to practice law
in the State of Wyoming without examination by the State Board of Law Examiners.
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| (b) |
Applicants under this rule shall be graduates of a law school provisionally or
fully approved by the American Bar Association at the time of such applicant's
graduation. All applicants under this rule shall be required to submit proof of
his or her admission by examination to the bar of another state. Applicants
shall be required to pay the fee required by law and to file an application with
the board containing information relative to his or her educational and
professional background and moral character.
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| (c) |
Law professors may make application pursuant to this rule following two (2)
years of full-time teaching, provided, however, that such applicant, should he
or she discontinue such full-time teaching, shall be required to take and pass
the Wyoming bar examination.
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| (d) |
The board may require such information from any such applicant as it is
authorized to require of any applicant not within the exception made by this
rule and may make such investigations, conduct such hearings and otherwise
process said application as if made pursuant to application for admission
without an examination.
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| (e) |
If after such investigation as the board may deem appropriate it concludes that
such applicant possesses the moral qualities and the intellectual attainments
required of all other applicants for admission to practice law in the State of
Wyoming, it shall recommend such applicant for admission to practice and if said
recommendation is accepted by the Supreme Court of the State of Wyoming, said
applicant shall be admitted to practice and enrolled as a member of the Wyoming
State Bar with all of the privileges and rights enjoyed by any member of the
Wyoming State Bar admitted pursuant to application and admission by examination.
The board may receive and act upon any such application at any time or in its
discretion may require that such applications be received and processed by the
board at the same time and in the same manner as applications for admission upon
examination.
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(added February 7, 1977, effective March 1, 1977;
amended September 11, 1990, effective December 4, 1990)
Rule 10.
Limited practice by clinical law professors.
| (a) |
Purpose of rule. - The bench and the bar are primarily responsible for providing
competent legal service for all persons, including those unable to pay for these
services. This rule is adopted as one means to assist practicing attorneys in
providing such services and to encourage clinical instruction by the College of
Law of the University of Wyoming in trial work of varying kinds.
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| (b) |
Authorized activities. - A clinical law professor not a member of the Wyoming
State Bar but certified pursuant to the provisions of this rule may appear as a
lawyer, solely in connection with supervision of a clinical law program approved
by the dean and faculty of the College of Law of the University of Wyoming, in
any court or before any administrative tribunal in this state on behalf of any
person, if the person on whose behalf he is appearing has indicated in writing
his consent to that appearance. Such written consent shall be filed in the
record of the case and shall be brought to the attention of the judge of the
court or the presiding officer of the administrative tribunal.
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| (c) |
Requirements and limitations. - In order to make an appearance as lawyer
pursuant to this rule, the clinical law professor must:
| (1) |
The certification of a clinical law professor by the dean of the College of Law
of the University of Wyoming shall, upon approval of the Wyoming Supreme Court,
be filed with the clerk of the Supreme Court and with the Wyoming State Bar and
shall remain in effect until withdrawn.
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| (2) |
Neither ask for nor receive any compensation or remuneration of any kind for his
services from the person on whose behalf he renders services; and
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| (3) |
Certify in writing that he has read and is familiar with the Wyoming Rules of
Professional Conduct, the Rules of the Supreme Court of Wyoming, and the Wyoming
statutes relating to the conduct of lawyers.
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| (d) |
Certification -
| (1) |
The certification of a clinical law professor by the dean of the College of Law
of the University of Wyoming shall, upon approval of the Wyoming Supreme Court,
be filed with the clerk of the Supreme Court and with the Wyoming State Bar and
shall remain in effect until withdrawn.
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| (2) |
In the case of a clinical law professor, certification:
| (A) |
May be withdrawn by the dean of the College of Law at any time by filing a
notice to that effect with the clerk of the Supreme Court who shall forthwith
mail copies thereof to the clinical law professor. It is not necessary that the
notice state the cause for withdrawal;
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| (B) |
May be terminated by this court at any time without cause and without notice or
hearing. Notice of the termination shall be filed with the clerk of the Supreme
Court and with the Wyoming State Bar; and
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| (C) |
Shall in no way be considered as an advantage or a disadvantage to the professor
in an application for admission to the Wyoming State Bar.
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| (3) |
The procedures otherwise provided by law or court rules governing the discipline
of lawyers shall not be applicable to the termination of the certification of a
clinical law professor pursuant to this rule. Termination of certification shall
be without prejudice to the privilege of the professor to make application for
admission to practice law if he is in all other respects qualified for such
admission.
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| (e) |
Miscellaneous -
| (1) |
To the extent that a professor is engaged in the practice of law under this
rule, he shall, for the limited purpose of performing professional services as
authorized by this rule, be deemed an active member of the Wyoming State Bar
(but not required to pay fees).
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| (2) |
The rules of law and of evidence relating to privileged communications between
attorney and client shall govern communications made or received by professors
certified under the provisions of this rule. All persons participating in a
program of instruction pursuant to which a professor is certified under this
rule are enjoined not to disclose privileged or confidential communications
whether in the implementation of a course of instruction or otherwise.
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