Title 5 — Title 5 — Courts

Definitions; construction of provisions. (a) As used in this act unless the context otherwise requires: (i) "Felony" means a criminal offense for which the penalty authorized by law includes imprisonment in a state penal institution for more than one (1) year; (ii) not a felony. …

Circuit court established; funding. (a) Pursuant to the provisions of section 10 of article 5 of the Wyoming Constitution, a circuit court is hereby established for each judicial district of the state of Wyoming enumerated in W.S. 5-3-101, and the boundaries of each circuit court…

Number and location of judges. (a) The legislature shall from time to time authorize the number and location of circuit court judges. (b) The supreme court may, based on caseload studies, determine where within a circuit the circuit court judge shall reside.

Repealed by Laws 2018, ch. 108, § 3.

Extending jurisdiction to try misdemeanors committed in violation of city or town ordinances. The governing body of any city or town situate within a judicial district in which a circuit court is established may petition the supreme court to extend the jurisdiction of the circuit…

Disposition of money collected for violations of city or town ordinances; disposition of fines and penalties under general state laws. All money collected by a judge of a circuit court for violations of ordinances of a city or town shall be paid into the general fund of the city …

Supreme court to adopt rules; establish fees and court costs; rules of civil and criminal procedure to govern courts. The Wyoming supreme court is hereby vested with management and supervisory powers over the circuit courts of the state of Wyoming, and shall, by rule of the supre…

Name of court; presider. The circuit court shall be called the "Circuit Court of the .... (Number of the Judicial District) Judicial District, .... (Name of County) County, State of Wyoming" which shall be a court of record. The circuit court shall be presided over by a circuit j…

Term of judges. The terms of circuit court judges shall be four (4) years. Each judge selected under the provisions of article 5, section 4, of the Wyoming Constitution shall serve for one (1) year after his appointment and until the first Monday in January following the next gen…

appointment. Judges to be nonpartisan; nomination and Judges of the circuit court shall be nonpartisan, shall be nominated and appointed and retained as provided by article 5, section 4, of the Wyoming Constitution.

Qualifications for appointment. (a) To be eligible for appointment to the office of judge of a circuit court, a person shall be: (i) A qualified elector of the state; and (ii) Authorized to practice law in Wyoming.

Appointment to fill vacancies in office. Vacancies occurring in the office of judge of a circuit court shall be filled as provided by article 5, section 4, of the Wyoming Constitution.

Delivery of official records and papers to successor in office. If the office of judge of a circuit court becomes vacant by reason of death, removal from office, or otherwise, the senior circuit court judge, or if there is none, the clerk of the district court shall take charge o…

Jurisdiction of successor is same as that of predecessor in office. A judge of a circuit court with whom the records of his predecessor have been deposited has the same jurisdiction over all actions and proceedings entered in such records as if they were originally commenced befo…

Repealed By Laws 2011, Ch. 57, § 1.

Salaries of judges; traveling expenses. Circuit court judges shall receive the annual salary provided by W.S. 5-1-110(a)(iii). When a new salary is effective for any judge of a circuit court upon new appointment or the commencement of a new term, it shall be effective for all jud…

Oath. Before assuming the duties of his office, a judge of a circuit court shall take and subscribe before a district judge or a clerk of a court of record the oath of office prescribed by the constitution of Wyoming.

Judge may be district court commissioner; private practice of law prohibited; magistrate of circuit court permitted to practice law. A judge of a circuit court may be appointed to and hold the office of district court commissioner. A judge of a circuit court shall devote full tim…

Judges may hold court for each other; expenses of judge holding court in another circuit or district; disqualification of judge; change of venue prohibited; assignment of retired judges. (a) The judges of the circuit courts may hold court for each other and shall do so when requi…

Judicial robe. While holding court, judges of a circuit court shall wear a black judicial robe.

Seal of court. Each circuit court shall have a seal. Each court shall use a seal having upon it the inscription: "Circuit Court of the .... (Number of the Judicial District) Judicial District, .... (Name of County) County, State of Wyoming". The seal of a circuit court shall be a…

Budget. The supreme court shall submit one (1) budget for the operation of all circuit courts, itemized by circuit, to the legislature for appropriation for each biennial period using forms and following procedures provided by law for state agencies funded by legislative appropri…

Clerical assistants. A judge of a circuit court may appoint clerical assistants as necessary for the efficient operation of the court, within the limits of the approved budget.

County to provide quarters and equipment; state to furnish certain property for judges. The board of county commissioners shall provide suitable quarters to house the circuit court and shall provide necessary furniture and fixtures to enable it to function in accordance with this…

Court continuously in session. The circuit court shall be continuously in session.

Business hours; judge to be always available for criminal matters. Circuit courts shall be open for the transaction of business during regular business hours, and in criminal matters a judge, magistrate or district court commissioner shall be available at all times for fixing and…

Process extends throughout state. The process of a circuit court shall extend throughout the state.

Civil jurisdiction. (a) Each circuit court has exclusive original civil jurisdiction within the boundaries of the state for: (i) An action where the prayer for recovery is an amount not exceeding fifty thousand dollars ($50,000.00), exclusive of court costs; (ii) Actions to recov…

Criminal jurisdiction. Circuit courts have original jurisdiction in all misdemeanor criminal cases.

Concurrent jurisdiction. For purposes of assignment, all circuit court judges throughout the state shall have concurrent jurisdiction with all district court judges throughout the state.

court judge. Assignment to district court judge or chancery (a) A circuit court judge may assign to a district court judge or a chancery court judge any case or proceeding within the jurisdiction of the circuit court subject only to the following restrictions: (i) Rules promulgat…

Authority to set bail; preliminary examinations. (a) Judges and magistrates of the circuit court are authorized to set bail before trial in accordance with this subsection and with the rules of the Wyoming supreme court. Judges and magistrates of the circuit court shall have the …

(a) Powers generally. A circuit court may: (i) Preserve and enforce order in its immediate presence and in the proceedings before it according to the Wyoming Rules of Criminal Procedure for Circuit Courts and punish for contempt as provided therein; (ii) Compel obedience to its j…

Perform marriage ceremonies. Probation; correction and reduction of sentence. The circuit court may place a criminal defendant on probation pursuant to W.S. 7-13-301 through 7-13-307. Notwithstanding any other provision of law, the probation period for a defendant whose dispositi…

Filing fee. For all civil matters the circuit court shall collect from the plaintiff an original filing fee of twenty dollars ($20.00), a court automation fee of forty dollars ($40.00), and an indigent civil legal services fee of ten dollars ($10.00) excluding small claims civil …

Request for jury in civil actions; fee; right to jury in criminal actions. In civil actions in a circuit court, a jury shall be considered waived unless demand is made by either party as provided by the Wyoming Rules of Civil Procedure and a jury fee in the amount provided by the…

Jury lists. Jurors shall be selected from the jury lists selected for the district courts of the state pursuant to the provisions of W.S. 1-11-101 through 1-11-204.

Abstract of judgment; lien of judgment on real estate; lien on real estate in another county. (a) At any time while the papers in any case in which a judgment has been rendered by a circuit court are retained by the court, the judge shall certify and deliver an abstract of the ju…

Reporting of proceedings; preservation thereof. (a) In any judicial proceedings before the circuit court, unless waived by the parties whenever the presiding judge of a circuit court shall deem it necessary, or upon the request of either party, the court shall provide for the rep…

Appointment of special reporters; certification of transcript. If the record is to be made by a stenographic reporter, the judge shall appoint a special stenographic reporter to report the testimony and proceedings. If the record is made by means of electronic recording, the judg…

Civil and criminal cases reviewed on record. In civil and criminal cases a judge of a district court shall review the case on the record on appeal.

Stay of execution on judgment; bond. In a civil matter no execution on a judgment may be stayed unless and until the party applying for the appeal, or someone for him, gives bond in an amount and with sufficient surety approved by the judge of the district court or the clerk of t…

Security on appeal. The district court to which an appeal is taken from a circuit court in a civil case may on motion for good cause shown, after five (5) days notice to the appellant, require the appellant to give new or additional security. If the security is not given within t…

Failure of judge to give receipt constitutes cause for removal from office. Failure, refusal, or neglect of a judge of a circuit court to give a receipt as required by W.S. 5-9-144, for any money paid into the circuit court is misconduct, which constitutes cause for removal from …

Deposit of money with county or state treasurer. When any fines, forfeitures, costs or fees are deposited with the judge of a circuit court pursuant to any action or proceedings in the court, or pursuant to any order, decree or judgment of the court, the money in his possession s…

system. Supreme court to establish uniform accounting The Wyoming supreme court shall establish, supervise, and as necessary from time to time, modify a uniform system of accounting, including a system of regular audits for circuit courts, to provide for the proper and uniform ac…

Failure to keep accounts or account for money. Failure to keep accounts pursuant to the system established by the Wyoming supreme court or failure to account for money paid into and disbursed by the circuit court is misconduct, which may constitute cause for removal from office.

Bank accounts. The accounting system established by the Wyoming supreme court may provide for bank accounts for each circuit court in which money received by the circuit court may be deposited and disbursed as provided therein, and for such records, reports and procedures as the …

Examination of accounts. The accounts of each circuit court shall be examined by the Wyoming supreme court in accordance with rules adopted by the supreme court.

Annual accounts submitted to state auditor and supreme court. Each circuit court shall submit annual accounts to the state auditor and supreme court under rules prescribed by the supreme court.