Title 5 — Title 5 — Courts

Summoning and enforcing attendance of witnesses. It shall be the duty of said justice to summon all persons whose testimony may be deemed material as witnesses at the trial, and to enforce their attendance by attachment if necessary.

Cases in municipal court. Cases in the municipal court for violations of city ordinances shall be tried and determined by the court without the intervention of a jury, and the trial of such cases before the court shall be conducted in all respects, not herein otherwise provided f…

Assessment of punishment. (a) If the defendant is found guilty, the municipal judge shall declare and assess punishment and render judgment accordingly. (b) Repealed by Laws 1988, ch. 11, § 2.

Continuances; verbal notice to witnesses as to new date of trial valid as summons. When a trial shall be continued by the judge, it shall not be necessary to summon any witnesses who may be present at the continuance, but the judge shall verbally notify such witnesses as either p…

Punishment regulated by ordinance; maximum fine and imprisonment. (a) Any person convicted by a municipal judge of any offense under any ordinance of the city shall be punished by fine or imprisonment or both as provided by ordinance. Except as provided in subsection (b) of this …

Working prisoners; credit for work done. Whenever the defendant is sentenced to imprisonment for the violation of a city ordinance, he may be put to work for the benefit of the city, if it is determined that adequate supervision is available, for the term of his imprisonment, and…

Punishment of persons convicted before judge; maximum penalty permitted; power to punish for contempt. (a) A person convicted before a municipal judge shall be fined and imprisoned as provided by ordinance. Except as provided by W.S. 15-1-103(a)(xli) or subsection (c) of this sec…

Appeals from municipal court. Appeals from the judgment or sentence of a municipal court may be taken to the district court in the same manner as is now provided by law for appeals from circuit courts in criminal cases, and shall be dealt with by the courts as criminal cases.

Disposition of fines and penalties. All fines and penalties collected, arising from a breach of the ordinances of the town, shall be paid into the town treasury. If a town enacts an ordinance prescribing a court automation fee as provided in W.S. 5-6-108(a)(i), up to ten dollars …

party. Citizens qualified to try causes where town a No person shall be an incompetent judge, justice or juror by reason of his being an inhabitant or freeholder in such town, in any action or proceedings in which such town may be a party in interest.

court. General duties of clerk; under direction of The clerk of each of the courts shall exercise the powers conferred and perform the duties enjoined upon him by statute and by the common law; and in the performance of his duties he shall be under the direction of his court.

Precipe for writs and process. All writs and orders for provisional remedies and process of every kind shall be issued by the clerks of the several courts; but before they are issued, a precipe shall be filed with the clerk demanding the same.

Filing, preserving and use of papers; electronic record retention permitted. The clerk shall file together and carefully preserve in his office, all papers delivered to him for that purpose in every action or proceeding. He shall not permit the papers to be taken from his office …

Clerk's indorsement of papers. The clerk shall endorse upon every paper filed with him the date of the filing thereof, and upon every order for a provisional remedy, and upon every undertaking given under the same, the date of its return to his office.

Clerk to record proceedings of court. The clerk shall record the proceedings of the court.

Repealed by Laws 2019, ch. 24, § 2.

Duties prescribed for clerks of district court applicable to all clerks. The provisions prescribing the duties of clerks of the district court shall, so far as they are applicable, apply to the clerks of other courts of record.

Establishment; judges; courts of record. Courts are established in each county of the state known as the "Juvenile Court of .... County, Wyoming." The district court judges of the state shall be the judges of the juvenile courts in the counties of their respective districts. Each…

Jurisdiction. (a) The juvenile court has general jurisdiction in all matters and proceedings commenced therein or transferred to it by order of the district court concerning: (i) Any minor alleged to be delinquent as defined in W.S. 14-6-201; (ii) Any minor alleged to have commit…

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…