Title 1, Title 1 — Code Of Civil Procedure

Homestead exemption; right of family survivors. When any person dies seized of a homestead leaving as survivor a widow, husband or minor children, the survivor is entitled to the homestead. If there is no such survivor, the homestead is liable for the debts of the deceased.

Homestead exemption; composition. The homestead may consist of a house on a lot or lots or other lands of any number of acres, or a house trailer or other movable home on a lot or lots, whether or not the house trailer or other movable home is equipped with wheels or resting upon…

Wearing apparel. The necessary wearing apparel of every person not exceeding two thousand dollars ($2,000.00) in value, determined in the manner provided in W.S. 1-20-106 is exempt from levy or sale upon execution, writ of attachment or any process issuing out of any court in thi…

Exemption of other personal property; personalty used in livelihood; appraisement. (a) The following property, when owned by any person, is exempt from levy or sale upon execution, writ of attachment or any process issuing out of any court in this state and shall continue to be e…

Exemptions when head of family dies. Whenever the head of a family dies, deserts, or ceases to reside with the family, the family is entitled to all the benefits and privileges conferred upon the head of a family residing with the same, and the family, or any member thereof, may …

Exception; residency required. (a) No property claimed as exempt under W.S. 1-20-101 through 1-20-106 is exempt from attachment or sale upon execution for the purchase money of the property. (b) Any person claiming these exemptions shall be a bona fide resident of this state.

Exemptions from estates in bankruptcy. In accordance with 11 U.S.C. § 522(b)(1), the exemptions from property of the estate in bankruptcy provided in 11 U.S.C. § 522(d) are not authorized in cases where Wyoming law is applicable on the date of the filing of the petition and the d…

Exemption for retirement funds and accounts. (a) The following are exempt from execution, attachment, garnishment or any other legal process: (i) The interest of an individual or beneficiary in a retirement plan; (A) Repealed by Laws 2015, ch. 108, § 2. (B) Repealed by Laws 2015,…

Exemption for contributions to a medical savings account. Contributions by an individual to a qualified medical savings account are exempt from execution, attachment, garnishment or any other process issued by any court, except for judgments against an individual or other depende…

Docket to be kept; contents. (a) Every judge shall keep a docket in which he shall enter: (i) The title of all causes commenced before him; (ii) The time when process was issued against the defendant, its particular nature and to what officer delivered; (iii) The time when the pa…

Proceedings when title or boundaries to land in question. If it appears from the pleadings or the evidence of either party at the trial of any case in circuit court that the title or boundaries to lands are in question, the judge shall immediately make an entry thereof in the doc…

Payment of costs for witness not examined. If any witness is subpoenaed, attends and is not examined by either party, the costs of the witness shall be paid by the party ordering the subpoena, unless the adverse party confesses the matter or otherwise renders unnecessary the exam…

Procedure generally; jurisdiction extended. In the trial of civil cases before any circuit court in which the amount claimed, exclusive of costs, does not exceed six thousand dollars ($6,000.00), the procedure is as defined in W.S. 1-21-201 through 1-21-205. The department of rev…

Commencement of actions; remedy cumulative; continuance to obtain attorney; docketing. (a) Actions may be commenced, heard and determined under W.S. 1-21-201 through 1-21-205 if the state, any governmental entity, any natural person, corporation, partnership, association or other…

Affidavit of claim; service of summons; venue jurisdiction. (a) The claimant shall prepare the affidavit as set forth. When the affidavit is executed by the claimant the court shall file the same and have summons served on the defendant in the manner provided by law or, if the de…

Time for appearance. The date of appearance of the defendant as provided in the summons shall be not more than twenty (20) days nor less than twelve (12) days from the date of service of the summons. When the circuit judge has fixed the date for the appearance of the defendant he…

Pleading and hearing; execution. At any hearing the plaintiff and defendant and their witnesses may offer evidence. No formal pleading other than the claim and notice is necessary. The hearing and disposition of the hearing shall be informal. No prejudgment attachment or garnishm…

Endorsement of payments and satisfaction and release; requirements. Every person recovering a judgment in circuit court shall endorse on the original judgment docket all payments made on the judgment, and when the judgment is satisfied by settlement or other payment, endorse the …

Endorsement of payments and satisfaction and release; penalty. Every person who collects or is paid any money or other thing of value upon any judgment rendered in any circuit court who fails to comply with the provisions of W.S. 1-21-401 is guilty of a misdemeanor and upon convi…

Appeal of forcible entry and detainer actions. In any forcible entry and detainer action appealed to the district court which is thereby determined against the defendant in possession, the court shall hear evidence concerning and render judgment for the rental value of the premis…

Issuance of execution. Execution for the enforcement of a judgment except during the time it may be stayed, may be issued by the judge who renders the judgment, or by his successor in office, on the application of the party entitled thereto, any time within five (5) years of entr…

Form and contents of execution. (a) The execution shall be directed to the sheriff of the county, subscribed by the judge by whom the judgment was rendered, or by his successor in office, and dated the day of delivery to the officer for execution. The execution shall refer to the…

Endorsement on execution. Before any execution is delivered, the judge shall state in his docket and on the back of his execution the amount of the debt or damages and costs, and the officer receiving the execution shall endorse on it the time of receiving the execution.

Renewal of execution. If any execution is not satisfied, it may be renewed at the request of the plaintiff by the judge or his successor, by an endorsement thereon and dated when made. If any part of the execution has been satisfied, the endorsement of renewal shall state the sum…

Receipt of money. The officer holding an execution shall receive all money tendered to him in payment thereof and shall endorse the same on the execution. He shall give the payor a receipt stating the amount paid and the account for which it is received.

Rights of surety. When any judgment is obtained against any surety the original judgment remains valid for the use of the surety, who thereafter may obtain execution on the judgment against the goods and chattels of the defendant. The surety is entitled to a transcript of the jud…

Execution against joint debtors. An execution on a judgment against joint debtors, one (1) or more of whom was not served with summons, shall contain a direction to collect the judgment from the joint property of all the defendants, or the separate property of the debtors served …

Right to sue surety. In all cases of surety, the plaintiff may sue the surety upon his bond if the conditions of the bond are not performed.

Execution for costs. A judge may issue execution to enforce a judgment for costs in the same manner as in other cases.

Right to stay of execution. Except as otherwise provided, any person against whom judgment is rendered may have stay of execution by entering into a bond with the adverse party within ten (10) days after rendition of the judgment, with good and sufficient surety, resident propert…

Time for which stay granted. (a) Stay of execution shall be granted as follows: (i) For thirty (30) days on any judgment not exceeding fifty dollars ($50.00), excluding costs; (ii) For four (4) months on any judgment over fifty dollars ($50.00) and not exceeding one hundred dolla…

Cases in which stay not allowed. (a) No stay of execution is allowed in the following cases: (i) On a judgment rendered against a circuit court judge for refusing to pay over money collected or received in his official capacity; (ii) On a judgment rendered against a sheriff for f…

Recall of execution. If the execution issued before the bond for stay or for appeal is given, and such bond is given afterward and within the time allowed, the judge shall recall the execution.

Conditions under which execution issued notwithstanding stay. When any person who is surety for stay of execution moves from the county before expiration of the stay, the judge shall issue execution on demand against the goods and chattels of the party against whom the original j…

Giving of further bond. If within ten (10) days after levying the execution the judgment debtor enters into a further bond for stay of execution during the unexpired term of the first stay, and pays costs of the execution issued against him, the judge shall accept the further bon…

Discovery in aid of execution. (a) At any time after entry of judgment, the judgment creditor may obtain discovery by interrogatories, depositions or otherwise, from any person, including the judgment debtor, in accordance with the Wyoming Rules of Civil Procedure. (b) A person s…

Notice of sale. The officer having levied upon goods and chattels by virtue of an execution shall without delay give public notice by advertisement in a newspaper published or widely circulated in the county where the property is to be sold. The notice shall state the time and pl…

Manner of conducting sale; return. At the time appointed, the officer shall expose the goods and chattels to public sale and sell them to the highest bidder. If there are no bidders or only a single bid is given, the sale shall be adjourned from time to time until a fair sale is …

Officer not to purchase. No officer shall directly or indirectly purchase any goods and chattels at any sale made by him upon execution. Every such sale shall be absolutely void.

Notice and time of trial. When an officer levies on property claimed by any person other than the party against whom the execution issued, the claimant shall give three (3) days notice of objection in writing to the plaintiff or his agent. If the plaintiff or his agent cannot be …

Judgment for claimant; restoration of property. If on trial the court or jury is satisfied that the property or any part belongs to the claimant the court shall render judgment against the party in whose favor the execution issued, including costs. The court shall give a written …

Judgment against claimant. If the claimant fails to establish his right to the property or any part thereof, the judge shall render judgment against the claimant for costs accrued on account of the trial and issue execution therefor. The officer is not liable to the claimant for …

Procedure generally. Any civil cause pending before a judge may be submitted to the arbitration of three (3) men by agreement of the parties. Each party shall select one (1) arbitrator and the two (2) so selected shall choose the third. They shall be sworn by the judge and procee…

Appeal of setting aside award; grounds. An aggrieved party may appeal the decision of the judge to set aside the award upon grounds of fraud, corruption or undue means as in other cases.

Appeal of setting aside award; proceedings in district court. If on appeal of any such award, the district court is satisfied the award was obtained by fraud, corruption or other undue means, the court shall set aside the award and proceed to hear and determine the cause on the m…

Appeal of setting aside award; affirmance. If the court determines the award was not obtained by fraud, corruption or other undue means, it shall render judgment thereon for costs of the suit and award execution as in other cases.