Title 1 — Title 1 — Code Of Civil Procedure
43 chapters · 1,036 sections in this title.
W.S. § 1-7-102 Venue in criminal cases generally
0.4K chars
Venue in criminal cases generally. (a) Every criminal case shall be tried in the county in which the indictment or offense charged is found, except as otherwise provided by law. (b) When the location of a criminal offense cannot be established with certainty, venue may be placed …
W.S. § 1-7-103 Change of venue in civil actions
0.5K chars
Change of venue in civil actions. (a) For any civil action brought in an incorrect venue, the district court may, on its own or upon motion of the parties, order the action to be transferred to a court that would be a proper venue. (b) For purposes of this section, an action time…
W.S. § 20-7-102 rights
1.5K chars
rights. Establishing primary caregivers' visitation (a) With notice or reasonable efforts to provide notice to the noncustodial parent, a person may bring an original action against any person having custody of the child to establish reasonable visitation rights to the child if t…
W.S. § 1-8-101 Trial docket
0.6K chars
Trial docket. The clerk shall make a trial docket on which shall appear all cases in which the issues have been joined. The cases shall be set for trial in the order in which they stand on the appearance docket. The clerk shall not place upon the trial docket any case in which no…
W.S. § 1-8-102 Order of hearing
0.2K chars
Order of hearing. All cases shall be heard in the order in which they stand on the trial docket unless the court otherwise directs. The court may hear a motion at any time and may prescribe by rule the time of hearing motions.
W.S. § 1-8-103 Copy of docket for bar
0.1K chars
Copy of docket for bar. The clerk shall make a copy of the trial docket for the use of the bar.
W.S. § 1-9-101 Contents of affidavit showing lack of evidence or absent witness; procedure if evidence admitted
1.5K chars
Contents of affidavit showing lack of evidence or absent witness; procedure if evidence admitted. (a) A motion to postpone the trial of a case because of the lack of evidence shall be supported by affidavit showing: (i) The materiality of the evidence expected to be (ii) evidence…
W.S. § 1-9-102 Continuance for good cause
0.2K chars
Continuance for good cause. Any court, for good cause shown may continue any action at any stage of the proceedings at the cost of the applicant, to be paid as the court shall direct.
W.S. § 1-10-101 Tender of money before action
0.4K chars
Tender of money before action. In an action on contract for the payment of money, if the defendant answers and proves that he tendered payment of the money due before commencement of the action, and pays to the clerk before trial the money so tendered, the plaintiff shall not hav…
W.S. § 1-10-102 Tender of payment other than money or performance of labor
1.0K chars
Tender of payment other than money or performance of labor. If, in an action on a contract for the payment of anything other than money or for the performance of labor, the defendant answers that he did tender payment or performance of the contract at such time and place, and in …
W.S. § 1-10-103 Offer to confess judgment before action brought
0.8K chars
Offer to confess judgment before action brought. Before an action for recovery of money is brought against any person, he may go into the court of competent jurisdiction in the county of his residence or the county in which the person having the cause of action resides, and offer…
W.S. § 1-10-104 causes
0.7K chars
causes. Offer in court to confess for part of claim or The defendant in an action for the recovery of money may offer in court to confess judgment for part of the amount claimed, or part of the causes involved in the action. If the plaintiff, being present, refuses to accept such…
W.S. § 1-10-105 Offer to confess not to affect trial
0.3K chars
Offer to confess not to affect trial. An offer to confess judgment is not an admission of the cause of action nor of the amount to which the plaintiff is entitled. It is not a cause of continuance of the action, or a postponement of the trial, and may not be offered or admitted i…
W.S. § 1-10-106 provisions
0.4K chars
provisions. Applicability of confession of judgment The provisions relating to confessions of judgment shall apply so far as practicable to an offer made by the plaintiff, and in the discretion of the court, may be applied to one (1) or more of several causes of action, countercl…
W.S. § 1-11-101 (a) Qualifications of juror
0.8K chars
(a) Qualifications of juror. A person is qualified to act as a juror if he is: (i) An adult citizen of the United States who has been a resident of the state and of the county ninety (90) days before being selected and returned pursuant to W.S. 1-11-106; (ii) In possession of his…
W.S. § 1-11-102 Convicted felon disqualified
0.2K chars
Convicted felon disqualified. A person who has been convicted of any felony is disqualified to act as a juror unless his conviction is reversed or annulled, he receives a pardon or his rights are restored pursuant to W.S. 713-105(a) or (f).
W.S. § 1-11-103 (a) Persons exempt as juror; duty to discharge
0.9K chars
(a) Persons exempt as juror; duty to discharge. A person is exempt from jury service if the person is: (i) A salaried and active member of an organized fire department or an active member of a police department of a city, town or law enforcement agency of the county or state; gua…
W.S. § 1-11-104 Causes for excusal
1.2K chars
Causes for excusal. (a) A juror may not be excused for a trivial cause or for hardship or inconvenience to his business, but only when material injury or destruction to his property or property entrusted to him is threatened, or when his health or the sickness or death of a membe…
W.S. § 1-11-105 Exemption affidavit required; failure to file
0.8K chars
Exemption affidavit required; failure to file. If a person exempt from jury duty is summoned as a juror, he may submit a declaration under penalty of perjury stating his purported grounds for exemption. If the court determines that the declaration sufficiently demonstrates that t…
W.S. § 1-11-106 Jury lists; preparation of base jury lists; selecting jury panel; certificate and summons
0.5K chars
Jury lists; preparation of base jury lists; selecting jury panel; certificate and summons. (a) The list of persons selected to serve as prospective trial jurors, compiled pursuant to W.S. 1-11-129, is the base jury list for the district court and the circuit court for the jury te…
W.S. § 1-11-107 Repealed By Laws 2014, Ch
0.0K chars
Repealed By Laws 2014, Ch. 53, § 2.
W.S. § 1-11-108 Jury panel in circuit courts; functions, powers and duties of judges thereof
0.4K chars
Jury panel in circuit courts; functions, powers and duties of judges thereof. (a) Repealed By Laws 2014, Ch. 53, § 2. (b) In conducting jury trials, judges of the circuit courts shall exercise and perform the same functions, powers and duties as are prescribed for both the judge …
W.S. § 1-11-109 Procedure for selecting jury; contents of certificate; summons
1.1K chars
Procedure for selecting jury; contents of certificate; summons. (a) The clerk shall choose the prospective jurors from the base jury list using a random method of selection. (b) Repealed By Laws 2014, Ch. 53, § 2. (c) If any person selected is not qualified to serve as a trial ju…
W.S. § 1-11-110 Repealed by Laws 1983, ch
0.0K chars
Repealed by Laws 1983, ch. 138, § 3.
W.S. § 1-11-111 Repealed by Laws 1983, ch
0.0K chars
Repealed by Laws 1983, ch. 138, § 3.
W.S. § 1-11-112 Jurors to appear at time specified
0.2K chars
Jurors to appear at time specified. Each grand juror and petit juror summoned shall appear before the court on the day and at the hour specified by the court, and depart only with permission of the court.
W.S. § 1-11-113 Completion of jury panel
0.6K chars
Completion of jury panel. (a) The persons summoned by the clerk shall appear in answer to the summons and be examined as to their qualifications. If after all qualified trial jurors have been accepted it appears that there are not enough in attendance, the court shall order the c…
W.S. § 1-11-114 Service of summons; proof of service
0.3K chars
Service of summons; proof of service. (a) Service of a summons may be made by such means as the court may order. If service is accomplished through the sheriff's office, the sheriff's costs shall be paid by the county. (b) If necessary the court may require proof of service.
W.S. § 1-11-115 Failure of juror to attend
0.2K chars
Failure of juror to attend. Any juror summoned who willfully and without reasonable excuse fails to attend may be arrested and compelled to attend and is subject to contempt of court.
W.S. § 1-11-116 Empaneling of jury
0.3K chars
Empaneling of jury. At the opening of court on the day that trial jurors are summoned and notified to appear, the clerk shall call the names of those jurors notified to appear. The court shall hear the jurors who are present, and shall excuse those whom the court finds are exempt…
W.S. § 1-11-117 Repealed By Laws 2014, Ch
0.0K chars
Repealed By Laws 2014, Ch. 53, § 2.
W.S. § 1-11-118 Procedure upon exhaustion of prospective jurors during empaneling
0.7K chars
Procedure upon exhaustion of prospective jurors during empaneling. If at any time during the empaneling of a jury all the names selected for the panel are exhausted, the court shall enter an order directing that such additional number of names as necessary be randomly selected fr…
W.S. § 1-11-119 Number of jurors; fees and mileage
0.5K chars
Number of jurors; fees and mileage. Trial juries in circuit courts shall be composed of six (6) persons. Trial juries in civil cases and all other proceedings in the district courts except criminal cases shall be composed of six (6) jurors unless one (1) of the parties to the act…
W.S. § 1-11-120 Persons sworn to constitute jury; generally
0.3K chars
Persons sworn to constitute jury; generally. The first six (6) persons, or other number of persons designated for a jury under W.S. 1-11-119, who appear as their names are randomly selected and are approved as indifferent between the parties and not discharged or excused shall be…
W.S. § 1-11-121 Repealed By Laws 2014, Ch
0.0K chars
Repealed By Laws 2014, Ch. 53, § 2.
W.S. § 1-11-122 Discharge of jurors
0.1K chars
Discharge of jurors. After the jury is discharged the jurors, upon request, shall be excused from jury service for the remainder of the calendar year.
W.S. § 1-11-123 Discharge of jurors; absent or excused jurors
0.2K chars
Discharge of jurors; absent or excused jurors. The name of a juror who is absent when his name is selected, or is set aside, or excused from serving on that trial shall remain on the base jury list.
W.S. § 1-11-124 W.S. § 1-11-124
0.0K chars
[Repealed or reserved.]
W.S. § 1-11-125 to attend
1.1K chars
to attend. Repealed By Laws 2014, Ch. 53, § 2. Procedure when sufficient number of jurors fail If a sufficient number of jurors duly selected and notified do not attend to form a jury the court shall direct the clerk to select a sufficient number of names from the base jury list …
W.S. § 1-11-126 returned
0.3K chars
returned. No objection that jury not original one It is not a valid objection to a jury that it contains none of the jurors originally returned to the court or is only partially composed of such jurors or that the base jury list was not supplemented as permitted herein.
W.S. § 1-11-127 Repealed By Laws 2014, Ch
0.0K chars
Repealed By Laws 2014, Ch. 53, § 2.
W.S. § 1-11-128 Repealed By Laws 2014, Ch
0.0K chars
Repealed By Laws 2014, Ch. 53, § 2.
W.S. § 1-11-129 Procedure for maintaining jury lists
0.7K chars
Procedure for maintaining jury lists. The supreme court shall compile a base jury list for each county. The supreme court shall compile a base jury list for the state as necessary under W.S. 7-5-303. The base jury lists shall be compiled from voter lists and may also include name…
W.S. § 1-11-201 Oath of jurors; jury ordered into custody
0.7K chars
Oath of jurors; jury ordered into custody. As soon as the jury is selected an oath shall be administered to the jurors that they will truly try the matter in issue between ...., the plaintiff, and ...., the defendant, and render a true verdict according to the evidence. After the…
W.S. § 1-11-202 Peremptory challenges allowed
0.1K chars
Peremptory challenges allowed. In the trial of civil cases in the district courts of this state, each side is allowed three (3) peremptory challenges.
W.S. § 1-11-203 Challenges for cause; grounds
1.2K chars
Challenges for cause; grounds. (a) Challenges for cause may be taken on one (1) or more of the following grounds: (i) A lack of any of the qualifications prescribed by statute which render a person competent as a juror; (ii) Relationship by consanguinity or affinity within the th…
W.S. § 1-11-204 Challenges for cause; trial
0.2K chars
Challenges for cause; trial. All challenges for cause shall be tried by the court, and the juror challenged, and any other persons may be examined as witnesses upon the trial of the challenge.
W.S. § 1-11-205 Order of trial
1.6K chars
Order of trial. (a) When the jury has been sworn, the trial shall proceed in the following order, unless the court for good cause otherwise directs: (i) The party who has the burden of the issues may briefly state his case and the evidence by which he expects to sustain it; (ii) …
W.S. § 1-11-206 View of property or place by jury
0.5K chars
View of property or place by jury. When the court considers it proper for the jurors to view the property which is the subject of litigation or the place in which any material fact occurred, it may order them to be conducted in a body under the charge of an officer to the place w…
W.S. § 1-11-207 Decision or deliberation by jury; duty of officer in charge of jury
0.7K chars
Decision or deliberation by jury; duty of officer in charge of jury. When the case is submitted, the jury may decide in court or retire for deliberation. If the jurors retire, they shall be kept together in some convenient place under the charge of an officer until they agree upo…