Title 1 — Title 1 — Code Of Civil Procedure

Index to judgments. (a) Except as provided in subsection (b) of this section, the clerk shall keep and make available for public inspection an index of all civil judgments containing the following information: (i) The name of the judgment debtor or, for orders establishing or mod…

Release of satisfied judgment; requirement. (a) Any action pending or judgment rendered in the district courts of this state which has been settled or satisfied shall be released or dismissed in writing upon the face of the docket or by written release by the attorney of record o…

failure. Release of satisfied judgment; liability for (a) If the attorney of record or other proper person fails to release any action pending or judgment rendered within fifteen (15) days after settlement or satisfaction, the person in whose favor the judgment was rendered is li…

Authority of court; grounds. (a) A district court may vacate or modify its own judgment or order after the term at which it was made: (i) By granting a new trial when the grounds for a new trial could not with reasonable diligence have been discovered before, but are discovered a…

publication. Opening judgment or order rendered on service by A party against whom a judgment or order has been rendered without service other than by publication in a newspaper may have the same opened and be allowed to defend within six (6) months after the date of the judgment…

Bona fide purchasers unaffected. The title to any property which is the subject of the judgment or order sought to be opened and which in consequence of the judgment or order has passed to a purchaser in good faith, shall not be affected by any proceedings to vacate or modify the…

Grounds to vacate tried first. The court must first try and decide whether to vacate or modify a judgment or order before trying or deciding the validity of the defense or cause of action.

modification. Proceedings prior to vacation and upon A judgment shall not be vacated until it is decided that there is a valid defense to the action in which the judgment was rendered or if the plaintiff seeks its vacation, that there is a valid cause of action. When a judgment i…

Injunction; suspension of judgment or order. The party seeking to vacate or modify a judgment or order may obtain an injunction suspending proceedings on the whole or a part thereof when it appears probable by affidavit or by exhibition of the record that the party is entitled to…

Injunction; suspension of premature judgment. If the judgment was rendered before the action stood for trial, the injunction may be granted although no valid defense to the action is shown. The court shall make such orders concerning the executions on the judgment as shall give t…

Limitation on time for proceedings. Proceedings to vacate or modify a judgment or order, for the causes mentioned in W.S. 1-16-401(a)(iv), (v) and (vii) must be commenced within two (2) years after the judgment was rendered or order made, unless the party entitled thereto is a mi…

Applicability of provisions to supreme court. The provisions relating to modification or vacation of judgments or orders apply to the supreme court so far as the same are applicable to its judgments or final orders.

Proceeding against parties not summoned and persons whose liability unknown. When judgment is rendered in this state on a joint instrument, parties to the action who were not summoned and persons whose liability was not known to the plaintiff at the rendition of the judgment may …

Revivor of dormant judgments; generally. When a judgment, including judgments rendered by a circuit court, a transcript of which has been filed in the district court for execution, becomes dormant, it may be revived by the allowance of the court of a motion for revival or by a co…

Revivor of dormant judgments; limitations on time to revive. (a) No action shall be brought to revive a judgment after ten (10) years after it becomes dormant, unless the party entitled to bring the action was: (i) A minor or subject to any other legal disability at the time the …

Revivor when parties die after judgment. If either or both parties die after judgment and before satisfaction thereof, their representatives may be made parties to the judgment in the same manner prescribed for the revival of actions as provided in W.S. 1-16-502. The judgment may…

Partners made parties to judgment. The members of a partnership against which a judgment has been rendered in its firm name may by action be made parties to the judgment.

Sureties made parties to judgment. Sureties to the bond of an executor, administrator, guardian or trustee may by action be made parties to a judgment thereon against the principal.

Short title. This act shall be known and may be cited as the Wyoming Structured Settlement Protection Act.

(a) Definitions. As used in this act: (i) "Annuity issuer" means an insurer that has issued a contract to fund periodic payments under a structured settlement; (ii) "Dependents" include a payee's spouse and minor children and all other persons for whom the payee is legally obliga…

"This act" means W.S. 1-16-601 through Required disclosures to payee. (a) Not less than three (3) days prior to the date on which a payee signs a transfer agreement, the transferee shall provide to the payee a separate disclosure statement, in bold type no smaller than fourteen (…

Approval of transfers of structured settlement payment rights. (a) No direct or indirect transfer of structured settlement payment rights shall be effective and no structured settlement obligor or annuity issuer shall be required to make any payment directly or indirectly to any …

Effects of transfer of structured settlement payment rights. (a) Following a transfer of structured settlement payment rights under this act: (i) The structured settlement obligor and the annuity issuer shall, as to all parties except the transferee, be discharged and released fr…

Procedure for approval of transfers. (a) An application under this act for approval of a transfer of structured settlement payment rights shall be made by the transferee and may be brought in the Wyoming district court that approved the structured settlement payment rights, or th…

General provisions; construction. (a) payee. The provisions of this act may not be waived by any (b) Any transfer agreement entered into on or after July 1, 2006 by a payee who resides in this state shall provide that disputes under the transfer agreement, including any claim tha…

Execution defined; issuance; kinds. (a) An execution is a process of the court issued by the clerk and directed to the sheriff of the county. Executions may be issued to the sheriffs of different counties at the same time. (b) Executions are of two (2) kinds: (i) Against the prop…

execution. Request for hearing when property seized under (a) Except as provided in subsection (e) of this section, a person, other than a corporate entity, against whom a money judgment has been entered and whose property is seized under execution is entitled to a hearing within…

Right to stay; procedure. (a) When judgment has been rendered in any district court against any person for the recovery of money or sale of property he may have a stay of execution as provided by the Wyoming Rules of Civil Procedure, except that a supersedeas bond to be furnished…

Notice to sheriff; relinquishment of property. (a) When the bond is entered after execution is issued, the clerk shall immediately notify the sheriff and he shall forthwith return the execution, noting his actions thereon. (b) All property levied on before the stay of execution a…

Effect of recognizance. Every recognizance of surety taken as provided shall have the effect of a judgment confessed from the date taken against the person and property of the surety.

Execution at expiration of stay. At the expiration of the stay the clerk shall issue a joint execution against the property of all the judgment debtors and sureties, but the sheriff shall first levy upon the property of the judgment defendant if sufficient property can be found. …

No stay on "not repleviable" judgments. A stay of execution shall not be allowed upon any judgment recovered against any person or surety for money received in a fiduciary capacity or for a breach of any official duty. The clerk shall issue executions upon the judgments immediate…

No stay where sureties object; exception. When a court renders judgment against two (2) or more persons, any of whom are sureties for another in the contract on which the judgment is founded, there shall be no stay of execution on the judgment if the sureties object at the time o…

Execution upon affidavit of surety; generally. Any surety for the stay of execution may file with the clerk an affidavit stating that he believes he will be liable for the judgment with interest and costs thereon unless execution issues immediately, and the clerk shall issue exec…

new surety. Execution upon affidavit of surety; effect of If other sufficient surety is entered, it shall have the force of the original surety entered before the filing of the affidavit and shall discharge the original surety.

Time of stay excluded for execution. The time during which any judgment is stayed shall not be included in the period during which the judgment creditor shall cause execution to be issued and levied in order to preserve his lien on the property of the debtor as against other judg…

Stay on appeal. Execution of a judgment or final order, other than those enumerated in W.S. 1-17-201, of any judicial tribunal, or the levy or collection of any tax or assessment therein litigated, may be stayed on such terms as may be prescribed by the court in which the appeal …

Property subject to execution. Except for property exempt by law, all property of the judgment debtor, both real and personal or any legal or equitable interest therein including any interest of the judgment debtor in mortgaged property or property being sold under an executory l…

When lien attaches to property; generally. The lands and tenements within the county in which judgment is entered are bound for the satisfaction thereof from the day the judgment is filed with the county clerk. Whenever a judgment is required to be filed with the county clerk, it…

supreme court. When lien attaches to property; judgment of A judgment of the supreme court for money binds the lands and tenements of the debtor within the county in which the suit originated from the day the judgment is filed with the county clerk. Whenever a judgment is require…

Recording lien on real estate in other counties. The judgment creditor in any judgment rendered by any district court in this state, or in any judgment rendered in a circuit court of this state and filed in the judgment record of the district court, may file a transcript of the j…

Lien of judgments of federal courts. (a) Judgments and decrees entered in any United States district court or circuit court held within this state are a lien against the lands and tenements of the person against whom the judgment or decree is rendered, situated within the county …

Lien of judgments of circuit courts. (a) The party in whose favor a judgment is rendered by a circuit court if the judgment is not appealed or stayed, may file with the clerk of the district court and the county clerk of the county in which the judgment was rendered a transcript …

When judgment becomes dormant. If execution on a judgment rendered in any court of record in this state or a transcript of which has been filed as provided in W.S. 1-17-306(a) is not issued within five (5) years from date of the judgment or if five (5) years intervene between the…

Writs of execution; generally. (a) The writ of execution against the property of the judgment debtor issuing from any court of record shall command the officer to whom it is directed that he shall collect the money specified in the writ from the real and personal property of the …

Writs of execution; preferences. The officer shall endorse on every writ of execution the time when he received it. When two (2) or more writs of execution against the same debtor are delivered to the officer on the same day, no preference shall be given to either of the writs. I…

Writs of execution; levy. The officer to whom a writ of execution is delivered shall proceed immediately to levy the writ upon the real and personal property of the debtor.

perform. Bond for future delivery of property; failure to When an officer levies an execution upon any goods and chattels which afterwards remain unsold for any reasonable cause, the officer may for his own security, take a bond from the defendant, with security he deems sufficie…

Notice of execution sale. Unless a private sale is ordered as provided in W.S. 1-17-314, the officer who levies execution upon goods and chattels, shall cause public notice to be given of the time and place of sale at least ten (10) days before the day of sale. The notice shall b…

Alias execution. When goods and chattels levied upon by execution cannot be sold for want of bidders or want of time, the officer who makes the return shall annex to the execution a true inventory of the goods and chattels remaining unsold. The plaintiff in execution may have ano…