Title 1 — Title 1 — Code Of Civil Procedure

agency. Deposit of security by state, municipality or The state of Wyoming, a county, city or town, or any departments or agencies thereof or any party acting for or on behalf of any such department or agency in his official capacity shall not be required to deposit security for …

Legislature and legislators as party to actions; properly naming party. (a) In any action challenging any official act of the legislature as a whole and naming the legislature or any member thereof as a party, the proper party shall be "The Legislature of the State of Wyoming." I…

Short title. W.S. 1-36-101 through 1-36-119 may be cited as the Uniform Arbitration Act.

"Court" defined; jurisdiction. "Court" means the district court having jurisdiction of the parties. An agreement providing for arbitration in this state may be enforced by the court in the county where the parties to the controversy reside or may be personally served.

Written agreement to submit controversy to arbitration valid. A written agreement to submit any existing or future controversy to arbitration is valid, enforceable and irrevocable, save upon such grounds as exist at law or in equity for the revocation of the contract. This includ…

arbitrate. Duty of court on application of party to (a) On application of a party showing an arbitration agreement and the opposing party's refusal to arbitrate, the court shall order the parties to proceed with arbitration. If the opposing party denies the existence of the agree…

When court to appoint arbitrators. If the arbitration agreement provides a method of appointment of arbitrators this method shall be followed. In the absence thereof, or if the agreed method fails or for any reason cannot be followed, or when an arbitrator fails or is unable to a…

Powers of arbitrators. The powers of the arbitrators may be exercised by a majority unless otherwise provided by the agreement or by law.

Notice and hearing. (a) The arbitrators shall appoint a time and place for the hearing and serve the parties with notice either personally or by registered mail not less than five (5) days before the hearing. Appearance at the hearing waives the notice. The arbitrators may adjour…

waiver. Right to be represented by attorney; effect of A party may be represented by an attorney at any arbitration proceeding or hearing. A waiver of representation prior to the proceeding is ineffective.

Authority of arbitrators to issue subpoenas and administer oaths; service of subpoenas; depositions; compelling person to testify; witness fees. (a) The arbitrators may issue subpoenas for the attendance of witnesses, for the production of books, records, documents and other evid…

Award of arbitrators. (a) The award shall be in writing and signed by the arbitrators joining in the decision. A copy shall be delivered to each party personally, or by registered mail or as provided in the agreement. (b) An award shall be made within the time fixed by the agreem…

Modification of award. (a) On application of a party or an order of the court, the arbitrators may modify the award: (i) When there was an evident miscalculation of figures or description of a person or property referred to in the award; (ii) When the award is imperfect as to for…

Expenses and fees for arbitrators. The arbitrators' expenses, fees and other costs, not including counsel fees, incurred in the arbitration shall be paid as provided in the award, unless otherwise provided in the arbitration agreement.

Confirmation of award by court. Upon application of a party the court shall confirm the award unless within the time limits allowed grounds are urged for vacating or modifying the award.

When court to vacate award. (a) Upon application of a party the court shall vacate an award where: (i) The award was procured by corruption, fraud or other undue means; (ii) There was evident partiality by an arbitrator appointed as a neutral, corruption of any of the arbitrators…

When court to modify or correct award. (a) Upon application made within ninety (90) days after delivery of a copy of the award to the applicant, the court shall modify or correct the award where: (i) There was an evident miscalculation of figures or an evident mistake in the desc…

Judgment upon granting order confirming, modifying or correcting award; costs and disbursements. Upon the granting of an order confirming, modifying or correcting an award, the judgment shall conform and be enforced as any other judgment. Costs of the application, proceedings and…

Application to court to be by motion; notice and hearing to be in manner provided by law. An application to the court for relief shall be by motion and shall be heard in the manner provided by law or rule of court. Notice of an initial application for an order shall be served in …

Venue upon initial and subsequent applications. An initial application shall be made to the court of the county in which the agreement provides the arbitration hearing shall be held. Otherwise the application shall be made in the county where the adverse party resides or has a pl…

(a) Appeals. An appeal may be taken from: (i) arbitration; An order denying the application to compel (ii) arbitration; An order granting an application to stay an award; (iii) An order confirming or denying confirmation of (iv) An order modifying or correcting an award; (v) rehe…

Short title. "This act" means W.S. 1-37-101 through 1-37-115 and may be cited as the Uniform Declaratory Judgments Act.

Scope and general consideration. Courts of record within their respective jurisdictions may declare rights, status and other legal relations whether or not further relief is or could be claimed. No proceeding is open to objection on the ground that a declaratory judgment or decre…

made. Right of interested party to have determination Any person interested under a deed, will, written contract or other writings constituting a contract, or whose rights, status or other legal relations are affected by the Wyoming constitution or by a statute, municipal ordinan…

Contract may be construed at any time. A contract may be construed either before or after there has been a breach thereof.

Fiduciary's rights to be construed. (a) Any person interested as or through an executor, administrator, trustee, guardian or other fiduciary, creditor, devisee, legatee, heir, next of kin, or beneficiary of a trust, in the administration of a trust, or of the estate of a decedent…

Adjudication of water rights. (a) The state of Wyoming upon the relation of the attorney general may institute an action to have determined in a general adjudication the nature, extent, and relative priority of the water rights of all persons in any river system and all other sou…

Enumeration not exclusive. The enumeration in W.S. 1-37-103 through 1-37-106 does not limit or restrict the exercise of the general powers conferred in W.S. 1-37-102 in any proceeding where declaratory relief is sought, in which a judgment or decree will terminate the controversy…

Discretionary power retained by court. The court may refuse to render a declaratory judgment where the judgment would not terminate the uncertainty or controversy giving rise to the proceeding.

Review. Final orders and judgments entered in declaratory judgment proceedings may be reviewed as in other civil actions.

Supplemental relief. Further relief based on a declaratory judgment may be granted. Application therefor shall be by petition to a court having jurisdiction to grant the relief. If the application is sufficient the court, on reasonable notice, shall require any adverse party whos…

Determination of issues of fact. When a declaratory judgment proceeding involves the determination of an issue of fact, the issue may be tried and determined as in other civil actions.

Costs. The court may award costs in any proceeding as seem equitable and just.

Parties generally; proceedings involving validity of ordinance or franchise. When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons no…

Construction of chapter. The Uniform Declaratory Judgments Act is remedial. Its purpose is to settle and to afford relief from uncertainty and insecurity with respect to legal relations, and is to be liberally construed and administered.

Provisions severable. The provisions of the Uniform Declaratory Judgments Act are independent and severable. The invalidity of one (1) provision shall not affect or render the remainder of the act invalid.

Actions for wrongful death which survive; proceedings against executor or administrator of person liable. Whenever the death of a person is caused by wrongful act, neglect or default such as would have entitled the party injured to maintain an action to recover damages if death h…

Action to be brought by wrongful death representative; recovery exempt from debts; measure and element of damages; limitation of action. (a) Every wrongful death action under W.S. 1-38-101 shall be brought by and in the name of the decedent's wrongful death representative for the…

Appointment of wrongful death representative. (a) The wrongful death representative may be appointed by the district court in the county in which: (i) The decedent resided; (ii) The decedent died; (iii) The claim for relief or some part of the claim for relief arose; or (iv) A de…

Factors for determining wrongful death representative. (a) In appointing the wrongful death representative, the court shall determine the person who will best represent the interests of the potential beneficiaries of the action as a whole. (b) In determining whether the best inte…

Notice. (a) Within thirty (30) days of the filing of an action to appoint the wrongful death representative, the plaintiff shall cause to be published once a week for three (3) consecutive weeks in a daily or weekly newspaper of general circulation in the county in which the dece…

Short title. This act shall be known and cited as the "Wyoming Governmental Claims Act".

Purpose. (a) The Wyoming legislature recognizes the inherently unfair and inequitable results which occur in the strict application of the doctrine of governmental immunity and is cognizant of the Wyoming Supreme Court decision of Oroz v. Board of County Commissioners 575 P. 2d 1…

(a) Definitions. As used in this act: (i) "Governmental entity" means the state, University of Wyoming or any local government; (ii) "Local government" means cities and towns, counties, school districts, joint powers boards, airport boards, public corporations, entities formed by…

Granting immunity from tort liability; liability on contracts; exceptions. (a) A governmental entity and its public employees while acting within the scope of duties are granted immunity from liability for any tort except as provided by W.S. 1-39-105 through 1-39-112 and 1-39-122…

Liability; operation of motor vehicles, aircraft and watercraft. A governmental entity is liable for damages resulting from bodily injury, wrongful death or property damage caused by the negligence of public employees while acting within the scope of their duties in the operation…

public parks. Liability; buildings, recreation areas and A governmental entity is liable for damages resulting from bodily injury, wrongful death or property damage caused by the negligence of public employees while acting within the scope of their duties in the operation or main…

Liability; airports. (a) A governmental entity is liable for damages resulting from bodily injury, wrongful death or property damage caused by the negligence of public employees while acting within the scope of their duties in the operation of airports. (b) The liability imposed …

Liability; public utilities. (a) A governmental entity is liable for damages resulting from bodily injury, wrongful death or property damage caused by the negligence of public employees while acting within the scope of their duties in the operation of public utilities and service…

Liability; medical facilities. (a) Except as provided in subsection (b) of this section and except for services provided under W.S. 7-11-308, a governmental entity is liable for damages resulting from bodily injury, wrongful death or property damage caused by the negligence of pu…