Title 1, Title 1 — Code Of Civil Procedure
43 chapters · 873 sections in this title.
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 Attachment for arrest or order of commitment; execution
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Attachment for arrest or order of commitment; execution. 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 Written finding of presumed death admissible as evidence
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Written finding of presumed death admissible as evidence. 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 Findings and reports and records deemed prima facie valid
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Findings and reports and records deemed prima facie valid. 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. § 1-12-601 Injury by health care providers; burden of proof
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Injury by health care providers; burden of proof. (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…
W.S. § 1-13-101 Constitutional questions; generally
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Constitutional questions; generally. When an important and difficult constitutional question arises in a proceeding pending before the district court on motion of either party or upon his own motion the judge of the district court may cause the question to be reserved and sent to…
W.S. § 1-13-102 Constitutional questions; clerk's duties; rules
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Constitutional questions; clerk's duties; rules. When a question is reserved to the supreme court, the clerk of the district court shall transmit the original papers in the case involving the question to the clerk of the supreme court, who shall place the papers on file. The matt…
W.S. § 1-13-103 Constitutional questions; remand for further proceedings
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Constitutional questions; remand for further proceedings. Upon hearing the supreme court may remand the case together with the original papers to the district court for further proceedings. The clerk of the supreme court shall certify the order of remand to the clerk of the distr…
W.S. § 1-13-104 Questions from federal courts; generally
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Questions from federal courts; generally. W.S. 1-13-104 through 1-13-107 is cited as the "Federal Court State Law Certificate Procedure Act".
W.S. § 1-13-105 Questions from federal courts; definitions
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Questions from federal courts; definitions. (a) As used in this act: (i) "Certificate procedure" means the procedure authorized herein by which a federal court in disposing of a cause pending before it submits a question of state law to the supreme court for determination; (ii) "…
W.S. § 1-13-106 Questions from federal courts; authority of supreme court
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Questions from federal courts; authority of supreme court. The supreme court may answer questions of law certified to it by a federal court when requested by the certifying court if there are involved in any proceeding before the federal court questions of law of this state which…
W.S. § 1-13-107 Questions from federal courts; rules
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Questions from federal courts; rules. The supreme court may adopt rules of practice and procedure to implement or otherwise facilitate utilization of certificate procedure.
W.S. § 1-14-101 "Folio" defined
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"Folio" defined. The term folio as used in this act means one hundred (100) words. Four (4) figures shall be counted as one (1) word.
W.S. § 1-14-102 Witness fees; fees for expert witnesses in civil and criminal cases
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Witness fees; fees for expert witnesses in civil and criminal cases. (a) Witnesses are entitled to receive the following minimum fees: (i) For attending before any court or grand jury, or before any judge, referee or commissioner, ten dollars ($10.00) per day, and five dollars ($…
W.S. § 1-14-103 Witness or juror to receive only single fee
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Witness or juror to receive only single fee. No witness shall receive fees or mileage in more than one (1) case covering the same period of time or the same travel. Each witness shall make affidavit that the fees and mileage claimed have not been claimed or received in any other …
W.S. § 1-14-104 Physician testifying as expert or performing postmortem or autopsy; fees
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Physician testifying as expert or performing postmortem or autopsy; fees. Any physician or surgeon shall receive a reasonable fee as determined by the coroner when testifying as an expert before a coroner or other officer for each half day or portion thereof, and when conducting …
W.S. § 1-14-105 Physician testifying as expert or performing postmortem or autopsy; postmortem fee certificate; exceptions
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Physician testifying as expert or performing postmortem or autopsy; postmortem fee certificate; exceptions. The coroner or other officer who has ordered a postmortem examination shall issue to the physician or surgeon a certificate for the fees provided, which shall be paid by th…
W.S. § 1-14-106 Payment of fees in criminal cases
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Payment of fees in criminal cases. In criminal cases where the fees prescribed are not paid by the defendant or the prosecuting witness, they shall be paid to the party entitled thereto by the public defender's office, if subpoenaed by a defendant represented by the public defend…
W.S. § 1-14-107 Record of attendance and fees of jurors and witnesses
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Record of attendance and fees of jurors and witnesses. The clerk of the district court shall keep a record of the attendance and fees of jurors and witnesses at each term of court when claimed during the term and for which the county is liable.
W.S. § 1-14-108 Statement of attendance of jurors and witnesses in criminal cases
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Statement of attendance of jurors and witnesses in criminal cases. Within ten (10) days after the close of each term of a court of record, the clerk shall return to the county commissioners a statement of the attendance of jurors and witnesses at such term and their mileage as ta…
W.S. § 1-14-110 Only actual mileage allowed for service; liability for false statement
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Only actual mileage allowed for service; liability for false statement. If any officer or other person who is allowed mileage for any services rendered receives at the same time more than one (1) writ or process to serve, or authority to render more than one (1) service at the sa…
W.S. § 1-14-111 Witness or juror entitled to but single day's service for multiple criminal cases and on grand juries
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Witness or juror entitled to but single day's service for multiple criminal cases and on grand juries. If a witness or juror is summoned to serve in more than one (1) criminal case in the same court on the same day, the witness or juror is entitled to but one (1) day's service, w…
W.S. § 1-14-112 Court officers not allowed witness fees
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Court officers not allowed witness fees. An officer whose duty it is to be in constant attendance upon any court and who is sworn as a witness in a case then pending in that court, is not entitled to witness fees in the case.
W.S. § 1-14-113 Officer's fees to be posted; penalty
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Officer's fees to be posted; penalty. Each officer herein named shall post a list of his fees in his office in a conspicuous place. For failure to do so he shall pay three dollars ($3.00) per day for each day of failure, which may be recovered by the county in a civil action.
W.S. § 1-14-114 Officer's return to show his fees
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Officer's return to show his fees. An officer serving any process or order is not entitled to fees for service unless he returns on the process the amount of his fees and the items thereof.
W.S. § 1-14-115 Right to receive certified bill of costs or fees
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Right to receive certified bill of costs or fees. Any person liable for any costs or fees is entitled to receive on demand a certified bill of the same, in which the items of service and the charges therefor are stated.
W.S. § 1-14-117 Disposition of costs collected
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Disposition of costs collected. Every sheriff and other officer collecting costs on execution, after retaining the amount of his own fees shall pay the residue of the collected costs to the clerk of the court which issued the execution and take a receipt therefor.
W.S. § 1-14-118 Payment of fees and compensation
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Payment of fees and compensation. All fees provided for by law when due from any party other than the state or the county are payable in advance to the person entitled to them. All fees and compensation due any person from the county are payable once every three (3) months by war…
W.S. § 1-14-119 Nonresidents and partnerships suing in company name to furnish security; requirements
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Nonresidents and partnerships suing in company name to furnish security; requirements. If a nonresident of the state or a partnership suing in its company name brings an action, the plaintiff must furnish sufficient security for costs approved by the clerk. A surety's obligations…