Title 1 — Title 1 — Code Of Civil Procedure
43 chapters · 1,036 sections in this title.
W.S. § 1-12-101 Privileged communications and acts
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Privileged communications and acts. (a) The following persons shall not testify in certain respects: (i) An attorney or a physician concerning a communication made to him by his client or patient in that relation, or his advice to his client or patient. The attorney or physician …
W.S. § 1-12-102 When party incapable of testifying
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When party incapable of testifying. In an action or suit by or against a person who from any cause is incapable of testifying, or by or against a trustee, executor, administrator, heir or other representative of the person incapable of testifying, no judgment or decree founded on…
W.S. § 1-12-103 Compelling testimony of adverse parties in civil and criminal actions
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Compelling testimony of adverse parties in civil and criminal actions. A party may compel the adverse party to testify orally or by deposition as any other witness, and no person is disqualified as a witness in any action, civil or criminal, because of his interest in the same as…
W.S. § 1-12-104 Husband and wife as witnesses in civil and criminal cases
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Husband and wife as witnesses in civil and criminal cases. No husband or wife shall be a witness against the other except in criminal proceedings for a crime committed by one against the other, or in a civil action or proceeding by one against the other. They may in all civil and…
W.S. § 1-12-105 Right of witness to demand fees; failure to pay; payments noted
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Right of witness to demand fees; failure to pay; payments noted. After the case is called for trial and before a witness is sworn, he may demand his traveling fees and fees for one (1) day's attendance. If the fees are not paid he is not obliged to testify. At the commencement of…
W.S. § 1-12-106 Contempt of court by witness
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Contempt of court by witness. Disobedience of a subpoena, refusal to be sworn except for refusal to pay fees on demand, or refusal to answer as a witness or to subscribe a deposition when lawfully ordered, may be punished as a contempt of the court or officer who required the att…
W.S. § 1-12-107 Attachment of witness who disobeys subpoena
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Attachment of witness who disobeys subpoena. When a witness fails to attend in obedience to a subpoena, the court or officer before whom his attendance is required may issue an attachment to the sheriff of the county commanding him to arrest and bring the person named before the …
W.S. § 1-12-108 Punishment for contempt by witness
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Punishment for contempt by witness. (a) Punishment for the contempt mentioned in W.S. 1-12-106 is as follows: (i) When the witness fails to attend in obedience to a subpoena, the court or officer may fine him not more than fifty dollars ($50.00); (ii) In other cases the court or …
W.S. § 1-12-109 Discharge of imprisoned witness
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Discharge of imprisoned witness. Upon application of a witness imprisoned by an officer, a judge of the supreme court or district court may discharge him if it appears that his imprisonment is illegal.
W.S. § 1-12-110 execution
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execution. Attachment for arrest or order of commitment; Every attachment for the arrest or order of commitment to prison of a witness by a court or officer must be under the seal of the court or officer, if the officer has an official seal, and must specify particularly the caus…
W.S. § 1-12-111 Procuring testimony of imprisoned witness
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Procuring testimony of imprisoned witness. When it is necessary to procure testimony of a person confined in the state penitentiary or any jail or reformatory, in the trial of any issue in an indictment or information, or in any hearing before a grand jury, the court may order a …
W.S. § 1-12-112 Taking of prisoner's deposition
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Taking of prisoner's deposition. While a prisoner's deposition is being taken he shall remain in the custody of the officer having charge of him. The officer shall afford reasonable facilities for the taking of the deposition.
W.S. § 1-12-113 Immunity of witness obeying subpoena
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Immunity of witness obeying subpoena. A witness may not be served with a summons or sued in a county in which he does not reside while going, returning or attending in obedience to a subpoena.
W.S. § 1-12-114 Oath of witness
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Oath of witness. Before testifying the witness shall be sworn to testify the truth, the whole truth and nothing but the truth.
W.S. § 1-12-115 Testimony for use in foreign jurisdiction
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Testimony for use in foreign jurisdiction. Whenever any mandate, writ or commission is issued from any court of record in any foreign jurisdiction, or whenever upon notice or agreement it is required to take the testimony of a witness in this state, the witness may be compelled t…
W.S. § 1-12-116 Confidential communications between family violence and sexual assault advocate and victim
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Confidential communications between family violence and sexual assault advocate and victim. (a) As used in this section: (i) "Advocate" or "family violence or sexual assault advocate" means a person who is employed by or volunteers services to any family violence and sexual assau…
W.S. § 1-12-201 Copies of documents filed with interstate commerce or public service commissions
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Copies of documents filed with interstate commerce or public service commissions. Printed copies of schedules, classifications and tariffs of rates, fares, charges, rules and regulations and supplements thereto, filed with the interstate commerce commission or the public service …
W.S. § 1-12-301 Proof of laws of foreign jurisdictions
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Proof of laws of foreign jurisdictions. Printed copies of written law enacted by any other state, territory or foreign government purporting or proved to have been published by the authority thereof, or proved to be commonly admitted as evidence of the existing law in the courts …
W.S. § 1-12-302 Judicial notice required
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Judicial notice required. Every court of this state shall take judicial notice of the common law and statutes of every state, territory and other jurisdiction of the United States.
W.S. § 1-12-303 Manner of obtaining information
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Manner of obtaining information. The court may inform itself of foreign laws in such manner as it deems proper, and the court may call upon counsel to aid in obtaining such information.
W.S. § 1-12-304 Determination of foreign law; reviewability
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Determination of foreign law; reviewability. The determination of foreign laws shall be made by the court and not by the jury, and is reviewable.
W.S. § 1-12-305 Reasonable notice to be given adverse party
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Reasonable notice to be given adverse party. Any party may present to the trial court any admissible evidence of foreign laws, but to enable a party to offer evidence of the law in another jurisdiction or to ask that judicial notice be taken thereof, reasonable notice shall be gi…
W.S. § 1-12-306 Laws of jurisdictions outside United States
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Laws of jurisdictions outside United States. The law of a jurisdiction other than a state, territory or jurisdiction of the United States, is an issue for the court but is not subject to the foregoing provisions concerning judicial notice.
W.S. § 1-12-401 evidence
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evidence. Written finding of presumed death admissible as A written finding of presumed death made by an officer or employee of the United States authorized to make such finding, pursuant to the Federal Missing Persons Act, 37 U.S.C. § 551 et seq., as now or hereafter amended, or…
W.S. § 1-12-402 Official report that person is missing or captured as evidence of person's condition
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Official report that person is missing or captured as evidence of person's condition. An official written report, record or certified copy thereof that a person is missing, missing in action, interned in a neutral country, beleaguered, besieged, captured by an enemy or is dead or…
W.S. § 1-12-403 facie valid
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facie valid. Findings and reports and records deemed prima For the purposes of W.S. 1-12-401 and 1-12-402, any finding, report, record or certified copy purporting to have been signed by an officer or employee of the United States shall be deemed prima facie to have been signed a…
W.S. § 1-12-501 Survivorship upon simultaneous death
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Survivorship upon simultaneous death. (a) When two (2) persons perish in the same calamity and it is not shown who died first and there are no particular circumstances from which it can be inferred, survivorship is presumed from the probabilities resulting from the strength, age …
W.S. § 1-12-502 Renumbered by Laws 1979, ch
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Renumbered by Laws 1979, ch. 142, § 3.
W.S. § 1-12-601 proof
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proof. Injury by health care providers; burden of (a) In an action for injury alleging negligence by a health care provider the plaintiff shall have the burden of proving: (i) If the defendant is certified by a national certificating board or association, that the defendant faile…