Title 1, Title 1 — Code Of Civil Procedure
43 chapters · 873 sections in this title.
W.S. § 1-1-101 Provisions to be liberally construed
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Provisions to be liberally construed. The Code of Civil Procedure and all proceedings under it shall be liberally construed to promote its object and assist the parties in obtaining justice. The rule of common law that statutes in derogation thereof must be strictly construed has…
W.S. § 1-1-102 Minors as parties to actions
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Minors as parties to actions. Every person over fourteen (14) years of age and under the age of majority, when subject to no disability other than being a minor, may sue or be sued. When plaintiff he shall sue by a next friend selected by him before suit is commenced. The next fr…
W.S. § 1-1-103 Power of deputies
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Power of deputies. A duty enjoined by statute upon a ministerial officer or an act permitted to be done by him may be performed by his lawful deputy.
W.S. § 1-1-104 Sureties; justification
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Sureties; justification. A court or an officer authorized by law to approve a surety may require such person to testify orally or in writing touching his sufficiency, but this in itself shall not exonerate the officer in an action for taking insufficient surety.
W.S. § 1-1-105 Sureties; qualifications
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Sureties; qualifications. Sureties shall be residents of this state, worth in the aggregate double the sum to be secured, beyond the amount of their debts, and have property liable to execution in this state equal to the sum to be secured. Every person acting as surety for anothe…
W.S. § 1-1-106 Compensation of cross demands
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Compensation of cross demands. When cross demands exist between persons under circumstances that if one brought an action against the other, a counterclaim or setoff could be set up, neither can be deprived of the benefit thereof by assignment by the other, or by his death, but t…
W.S. § 1-1-107 Furnishing of transcripts
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Furnishing of transcripts. Upon request and receipt of the lawful fees required, judges of judicial tribunals and the clerks of every court of record, shall furnish to any person an authenticated transcript of proceedings containing the judgment or final order in their court.
W.S. § 1-1-108 Voluntary partial payment of liability claims
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Voluntary partial payment of liability claims. No voluntary partial payment of a claim based on alleged liability for injury or property damage shall be construed as an admission of fault or liability, or as a waiver or release of claim by the person receiving payment. Such payme…
W.S. § 1-1-109 Comparative fault
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Comparative fault. (a) As used in this section: (i) "Actor" means a person or other entity, including the claimant, whose fault is determined to be a proximate cause of the death, injury or damage, whether or not the actor is a party to the litigation; (ii) "Claimant" means a nat…
W.S. § 1-1-114 Pleading of damages
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Pleading of damages. In all cases the court shall inform the jury of the consequences of its verdict.
W.S. § 1-1-115 Civil liability for unpaid checks
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Civil liability for unpaid checks. (a) Any person who issues a check which is not paid because the check has been dishonored for any reason has thirty (30) days following the date of a written demand mailed to the drawer of the check by United States postal service certificate of…
W.S. § 1-1-116 Civil liability for theft of services
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Civil liability for theft of services. (a) Notwithstanding any criminal penalties which may apply, an owner or operator of a franchised or otherwise duly licensed provider of services may bring a civil action to enjoin or restrain any violation of W.S. 6-3-402 when the violation …
W.S. § 1-1-117 Affidavits of noninvolvement
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Affidavits of noninvolvement. (a) In any action, whether in tort, contract or otherwise, in which the plaintiff seeks damages, a party may, in lieu of answering or otherwise pleading, file an affidavit certifying that he was not directly or indirectly involved in the occurrence o…
W.S. § 1-1-118 Amateur rodeos; liability for injuries; consent to participate
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Amateur rodeos; liability for injuries; consent to participate. (a) No public school or nonprofit organization sponsoring an amateur rodeo is liable for injuries suffered by a contestant as a result of his voluntary participation in a rodeo event except for injuries caused by the…
W.S. § 1-1-119 Release or covenant not to sue
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Release or covenant not to sue. When a release or a covenant not to sue or not to enforce judgment is given in good faith to one (1) of two (2) or more persons liable in tort for the same injury or the same wrongful death, it does not discharge any of the other tortfeasors from l…
W.S. § 1-1-120 Persons rendering emergency assistance exempt from civil liability
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Persons rendering emergency assistance exempt from civil liability. (a) Any person licensed as a physician and surgeon under the laws of the state of Wyoming, or any other person, who in good faith renders emergency care or assistance, including assistance for a mental health cri…
W.S. § 1-1-121 Recreation Safety Act; short title
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Recreation Safety Act; short title. This act shall be known and may be cited as the "Recreation Safety Act".
W.S. § 1-1-122 Definitions
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Definitions. (a) As used in this act: (i) "Inherent risk" with regard to any sport or recreational opportunity means those dangers or conditions which are characteristic of, intrinsic to, or an integral part of any sport or recreational opportunity; (ii) "Provider" means any pers…
W.S. § 1-1-123 Assumption of risk
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Assumption of risk. (a) Any person who takes part in any sport or recreational opportunity assumes the inherent risks in that sport or recreational opportunity, whether those risks are known or unknown, and is legally responsible for any and all damage, injury or death to himself…
W.S. § 1-1-123.1 Ski Safety Act; short title
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Ski Safety Act; short title. This act shall be known and may be cited as the "Ski Safety Act."
W.S. § 1-1-123.2 Definitions
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Definitions. (a) As used in this act: (i) "Freestyle terrain" includes terrain parks and terrain features such as jumps, rails, half pipes and other constructed and natural features found in terrain parks; (ii) "Inherent risk" with regard to skiing in a ski area means those dange…
W.S. § 1-1-123.3 Duties of ski area operators; signs for trails; notices to skiers; duties of skiers
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Duties of ski area operators; signs for trails; notices to skiers; duties of skiers. (a) A ski area operator shall post and maintain a sign visible to skiers at or near the beginning of a trail that depicts and explains the degree of difficulty of the trail relative to each indiv…
W.S. § 1-1-123.4 Assumption of risks; limitations on actions
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Assumption of risks; limitations on actions. (a) A skier expressly accepts and assumes the inherent risks of skiing and is legally responsible for damage, injury or death to himself or other persons or property that results from the inherent risks in skiing. (b) A skier may not m…
W.S. § 1-1-123.5 Negligence; civil actions
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Negligence; civil actions. (a) A violation by any person or ski area operator of any provision of this act shall, to the extent the violation causes damage, injury or death to person or property, constitute evidence of negligence on the part of the person or ski area operator vio…
W.S. § 1-1-124 Pretrial screening
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Pretrial screening. (a) The supreme court may promulgate rules to provide a screening procedure to expedite the prelitigation resolution of claims arising from any alleged act, error or omission in the rendering of licensed or certified professional or health care services. (b) T…
W.S. § 1-1-125 Immunity for volunteers; volunteer firefighters; search and rescue
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Immunity for volunteers; volunteer firefighters; search and rescue. (a) As used in this section: (i) "Compensation" does not include actual and necessary expenses that are incurred by a volunteer in connection with the services that the volunteer performs for a nonprofit organiza…
W.S. § 1-1-126 Civil liability for stalking
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Civil liability for stalking. (a) A person who is the victim of stalking as defined by W.S. 6-2-506 may maintain a civil action against an individual who engages in a course of conduct that is prohibited under W.S. 6-2-506 for damages incurred by the victim as a result of that co…
W.S. § 1-1-127 Civil liability for shoplifting
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Civil liability for shoplifting. (a) A person over ten (10) years of age who violates W.S. 6-3-402 with regard to property offered for sale by a wholesale or retail store is civilly liable to the merchant of the property in an amount consisting of: (i) Return of the property in o…
W.S. § 1-1-128 Civil liability for theft of identity
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Civil liability for theft of identity. (a) A person who is the victim of theft of identity as defined by W.S. 6-3-901 may maintain a civil action to enjoin or restrain any violation of W.S. 6-3-901 and may in the same action seek damages from the person violating W.S. 6-3-901. In…
W.S. § 1-1-129 Immunity from liability for volunteer health care professionals; insurance required of nonprofit health care facility
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Immunity from liability for volunteer health care professionals; insurance required of nonprofit health care facility. (a) As used in this section: (i) "Health care professional" means any of the following who provide medical or dental diagnosis, care or treatment: (A) Physicians…
W.S. § 1-1-130 Actions against health care providers; admissibility of evidence
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Actions against health care providers; admissibility of evidence. (a) In any civil action or arbitration brought by an alleged victim of an unanticipated outcome of medical care against a health care provider, any and all statements, affirmations, gestures or conduct expressing a…
W.S. § 1-1-131 Short title
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Short title. This act shall be known and may be cited as the "Successor Corporation Asbestos-Related Liability Fairness Act."
W.S. § 1-1-132 Definitions
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Definitions. (a) As used in this act: (i) "Asbestos claim" means any claim, wherever or whenever made, for damages, losses, indemnification, contribution or other relief arising out of, based on or in any way related to asbestos, including: (A) The health effects of exposure to a…
W.S. § 1-1-133 Applicability
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Applicability. (a) The limitations in W.S. 1-1-134 shall apply to any successor corporation. (b) The limitations of W.S. 1-1-134 shall not apply to: (i) Workers' compensation benefits paid by or on behalf of an employer to an employee under the provisions of Wyoming statutes, tit…
W.S. § 1-1-134 Limitations on successor asbestos-related liabilities
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Limitations on successor asbestos-related liabilities. (a) Except as further limited in subsection (b) of this section, the cumulative successor asbestos-related liabilities of a successor corporation are limited to the fair market value of the total gross assets of the transfero…
W.S. § 1-1-135 Establishing fair market value of total assets
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Establishing fair market value of total assets. (a) A successor corporation may establish the fair market value of total gross assets for the purpose of the limitations under W.S. 1-1-134 through any method reasonable under the circumstances, including: (i) By reference to the go…
W.S. § 1-1-136 Adjustment
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Adjustment. (a) Except as provided in subsections (b) through (d) of this section, the fair market value of total gross assets at the time of the merger or consolidation shall increase annually at a rate equal to the sum of: (i) The prime rate as listed in the first edition of th…
W.S. § 1-1-137 Scope of act
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Scope of act. (a) The courts of this state shall construe the provisions of this act liberally with regard to successors. (b) This act shall apply to all asbestos claims filed against a successor on or after July 1, 2011.
W.S. § 1-1-138 Donation of emergency responder equipment; exemption from civil and criminal liability; definitions; relation to other law
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Donation of emergency responder equipment; exemption from civil and criminal liability; definitions; relation to other law. (a) Any person who donates surplus emergency response equipment to any emergency responder shall not be liable for damages in any civil action or subject to…
W.S. § 1-1-139 Civil liability for female genital mutilation
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Civil liability for female genital mutilation. (a) A person who is the victim of female genital mutilation as defined by W.S. 6-1-104(a)(xvii) may maintain a civil action against an individual who engages in conduct that is prohibited under W.S. 6-2-502(a)(v) for damages incurred…
W.S. § 1-1-140 Public utility exemption from civil liability; catastrophes caused by an act of God
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Public utility exemption from civil liability; catastrophes caused by an act of God. (a) Except as provided in subsection (b) of this section, a public utility is not liable for damages to real or personal property or damages for claims resulting from economic losses in any civil…
W.S. § 1-1-141 COVID-19 exposure and illness; assumption of the risk
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COVID-19 exposure and illness; assumption of the risk. (a) As used in this section: (i) "Claimant" means any person or estate of a person seeking recovery of damages in a COVID-19 liability claim; (ii) "COVID-19" means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) …
W.S. § 1-1-142 Immunity from liability for firearm manufacturers and sellers; definitions; exceptions
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Immunity from liability for firearm manufacturers and sellers; definitions; exceptions. (a) As used in this section: (i) "Ammunition" means any projectile expelled by action of an explosive from a firearm; (ii) "Firearm" means any weapon that will or is designed to expel a projec…
W.S. § 1-1-143 Developers of artificial intelligence systems; liability; limitations
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Developers of artificial intelligence systems; liability; limitations. (a) As used in this section, "artificial intelligence system" means as defined by W.S. 6-1-104(a)(xix). (b) Except as provided in subsection (c) of this section, the developer of an artificial intelligence sys…
W.S. § 1-2-101 Form
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Form. A person may be sworn by any form he deems binding on his conscience.
W.S. § 1-2-102 Officers authorized to administer
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Officers authorized to administer. (a) The following officers are authorized to administer oaths: (i) Justices of the Wyoming supreme court; (ii) Judges of the Wyoming district courts; (iii) Judge of the United States district court for the district of Wyoming; (iv) Clerks of the…
W.S. § 1-2-103 Affirmation in lieu of oath; manner of administering
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Affirmation in lieu of oath; manner of administering. Persons conscientiously opposed to swearing or to taking any oath may affirm, and are subject to the penalties of perjury as in the case of swearing an oath. Whenever any person is required to take an oath in any court, or bef…
W.S. § 1-2-104 Certification of documents
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Certification of documents. (a) A matter required or authorized to be supported, evidenced, established or proven by the sworn statement, declaration, verification, certificate, oath or affidavit, in writing of the person making it, other than a deposition, an acknowledgment, an …
W.S. § 1-3-101 Applicability of provisions
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Applicability of provisions. This chapter shall not apply in the case of a continuing and subsisting trust, nor to an action by a vendee of real property in possession thereof to obtain a conveyance of it.
W.S. § 1-3-102 When actions may be commenced
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When actions may be commenced. Civil actions can only be commenced within the periods prescribed in this chapter, after the cause of action accrues, but where a different limitation is prescribed by statute, that shall govern.