2010 Wyoming Statutes
Title 1 - Code Of Civil Procedure
Chapter 11 - Trial By Jury

CHAPTER 11 - TRIAL BY JURY

 

ARTICLE 1 - QUALIFICATIONS, SELECTION AND EMPANELING OF JURIES

 

1-11-101. Qualifications of juror.

 

(a) A person is competent to act as juror if he is:

 

(i) An adult citizen of the United States who has been a resident of the state and of the county ninety (90) days before being selected and returned;

 

(ii) In possession of his natural faculties, of ordinary intelligence and without mental or physical infirmity preventing satisfactory jury service;

 

(iii) Possessed of sufficient knowledge of the English language.

 

(b) No citizen shall be excluded from service as a juror on account of race, color, religion, sex, age, national origin or economic status.

 

1-11-102. Convicted felon disqualified.

 

A person who has been convicted of any felony is disqualified to act as a juror unless his conviction is reversed or annulled, he receives a pardon or his rights are restored pursuant to W.S. 7-13-105(a).

 

1-11-103. Persons exempt as juror; duty to discharge.

 

(a) A person is exempt from liability to act as juror if the court finds that the provisions of W.S. 1-11-104 apply or for any other compelling reasons or if a person is:

 

(i) A salaried and active member of an organized fire department or an active member of a police department of a city, town or law enforcement agency of the county or state; or

 

(ii) An elected public official.

 

(b) The court shall discharge a person from serving as a trial juror if it satisfactorily appears that the person is not competent or the person is exempt and specifically claims the benefit of the exemption.

 

1-11-104. Causes for excusal.

 

A juror may not be excused for a trivial cause or for hardship or inconvenience to his business, but only when material injury or destruction to his property or property entrusted to him is threatened, or when his health or the sickness or death of a member of his family requires his absence. A person may be excused at his request if he is over seventy-two (72) years of age. A person may be excused from jury duty when the care of that person's young children requires his absence. Any person who has served on a jury shall, upon request, be excused from further jury service in that court for the remainder of that jury term and in the discretion of the court may be excused from jury service for the following jury term.

 

1-11-105. Exemption affidavit required; failure to file.

 

If a person exempt from jury duty is summoned as a juror, he may file his affidavit with the clerk of the court for which he is summoned stating his office, occupation or employment. The affidavit must be delivered by the clerk to the judge of the court where the person is summoned, and if sufficient in substance, must be received as evidence of his right to exemption and as an excuse for nonattendance in person. The affidavit must then be filed by the clerk. Failure of any person who is exempt to file the affidavit is a waiver of his exemption, and he is required to appear upon the day for which the jury is summoned and serve as a juror the same as if he were not entitled to exemption.

 

1-11-106. Jury list; preparation of ballots for jury box; drawing jury panel; certificate and summons.

 

(a) The list of persons qualified to serve as trial jurors, compiled pursuant to W.S. 1-11-129, is the base jury list for the district court and the circuit court from April 1 of the year in which the list is certified and delivered through March 31 of the following year. By order of the district judge or circuit judge, for their respective courts, the base jury list may be expanded by including some other source or sources of names in addition to voter lists. After the list is delivered and supplemented when applicable, suitable ballots shall be prepared and deposited in a box known as and plainly marked "jury box number one". Upon order of the court, the clerk of the district court, sheriff and county treasurer shall draw from jury box number one a panel of trial jurors, which shall contain such number of names as specified by the court.

 

(b) The clerk shall prepare a certificate containing the names constituting the panel of trial jurors, and summon them to appear in court for a trial whenever ordered by the court.

 

1-11-107. Depositing new ballots in jury box.

 

Before depositing new ballots in any jury box the clerk shall destroy each old ballot remaining in the box and remove all contents therefrom.

 

1-11-108. Jury panel in circuit courts; functions, powers and duties of judges thereof.

 

(a) The names in jury box number one in the office of the clerk of the district court is the panel of trial jurors in all circuit courts.

 

(b) In conducting jury trials, judges of the circuit courts shall exercise and perform the same functions, powers and duties as are prescribed for both the judge and the clerk of the district court in W.S. 1-11-101 through 1-11-401, insofar as practicable.

 

(c) Repealed by Laws 1983, ch. 138, 3.

 

1-11-109. Procedure for drawing jury; contents of certificate; summons.

 

(a) The clerk shall shake the box containing the names of the regular jurors so as to mix the ballots therein as well as possible. He shall then draw from the box as many ballots as are ordered by the court.

 

(b) The name on each ballot drawn shall be entered in the minutes of the court.

 

(c) If the name of any person is drawn who is not competent to serve as a trial juror, and the incompetence shall be made to appear to the satisfaction of the court, the name of the person shall be stricken from the jury list, the ballot containing the name shall be destroyed, and such fact shall be entered in the minutes of the court.

 

(d) When the necessary number of jurors has been drawn, the clerk shall make and certify a list of the names drawn. The certificate shall state:

 

(i) The date of the court order for the drawing;

 

(ii) The date of the drawing;

 

(iii) The number of jurors drawn;

 

(iv) The names and addresses of the competent jurors; and

 

(v) The time and place where the jurors are required to appear.

 

(e) The jurors on the certified list shall be summoned to appear.

 

1-11-110. Repealed by Laws 1983, ch. 138, 3.

 

1-11-111. Repealed by Laws 1983, ch. 138, 3.

 

1-11-112. Jurors to appear at time specified.

 

Each grand juror and petit juror summoned shall appear before the court on the day and at the hour specified in the summons, and depart only with permission of the court.

 

1-11-113. Completion of jury panel.

 

(a) The persons drawn from jury box number one and certified as trial jurors shall appear in answer to the summons and be examined as to their qualifications. If after all qualified trial jurors have been accepted it appears that there are not enough in attendance, the court shall order the clerk to draw from jury box number one the necessary number of names to complete the jury panel, and the clerk shall continue to draw from that box until a sufficient number of jurors are obtained. The persons so drawn shall be summoned to appear.

 

(b) Repealed by Laws 1983, ch. 138, 3.

 

1-11-114. Service of summons; proof of service.

 

(a) Service of a summons may be made by such means as the court may order. If service is accomplished through the sheriff's office, the sheriff's costs shall be paid by the county.

 

(b) If necessary the court may require proof of service.

 

1-11-115. Failure of juror to attend.

 

Any juror summoned who willfully and without reasonable excuse fails to attend may be arrested and compelled to attend and is subject to contempt of court.

 

1-11-116. Empaneling of jury.

 

At the opening of court on the day that trial jurors are summoned to appear, the clerk shall call the names of those summoned. The court shall hear the jurors summoned, and shall excuse those whom the court finds are exempt, disqualified or have material cause for being excused. The clerk shall write the names of the jurors present and not excused upon separate ballots, fold the ballots so that the names are concealed, and deposit the ballots in a sealed box numbered two. The box shall remain sealed until ordered by the court to be opened.

 

1-11-117. Drawing trial jury.

 

When an issue of fact to be tried by a jury is brought to trial, the clerk under the direction of the court shall openly draw out of box number two as many ballots as necessary to form a jury. Before the first ballot is drawn, the box must be well shaken so as to thoroughly mix the contents, and the clerk shall draw each ballot without seeing the name written on any of them.

 

1-11-118. Procedure upon exhaustion of ballots during empaneling.

 

If at any time during the empaneling of a jury all the ballots contained in box number two are exhausted, the court shall enter an order directing that such number of names as necessary be drawn from box number one. The court may excuse any jurors so drawn if it appears that, because of distance, the delay occasioned by summoning the juror and requiring his presence would unduly prolong empaneling the trial jury. The clerk shall forthwith summon the persons drawn to appear in court immediately. The names of those accepted by the court shall be placed in box number two and shall be drawn therefrom to complete the jury. The process shall continue from time to time when necessary until a jury is obtained.

 

1-11-119. Number of jurors; fees and mileage.

 

Trial juries in circuit courts shall be composed of six (6) persons. Trial juries in civil cases and all other proceedings in the district courts except criminal cases shall be composed of six (6) jurors unless one (1) of the parties to the action files a written demand for twelve (12) jurors within the time a demand for jury may be filed, in which event the number of jurors shall be twelve (12). Jurors in all courts shall be allowed the same fees and mileage as jurors in district court.

 

1-11-120. Persons sworn to constitute jury; generally.

 

The first six (6) persons, or twelve (12) if demanded, who appear as their names are drawn and are approved as indifferent between the parties and not discharged or excused shall be sworn and constitute the jury to try the issue.

 

1-11-121. Persons sworn to constitute jury; names placed in another box.

 

The ballots containing the names of the jurors so sworn shall be deposited in another box numbered three and there kept apart from the other ballots until that jury is discharged.

 

1-11-122. Discharge of jurors.

 

After the jury is discharged the jurors, upon request, shall be excused from jury service for the remainder of the calendar year.

 

1-11-123. Discharge of jurors; absent or excused jurors.

 

The ballot containing the name of a juror who is absent when his name is drawn, or is set aside, or excused from serving on that trial shall be returned to the box containing the undrawn ballots as soon as the jury is sworn.

 

1-11-124. Procedure where additional jury needed.

 

If an issue is brought to trial while a jury is empaneled in another cause and not then discharged, the court may order a jury for the trial of that issue to be drawn out of box number two containing the ballots then undrawn and the second jury may be completed as provided by law. In any other case the ballots containing the names of all trial jurors returned and attending the court shall be placed together in the same box before a jury is drawn.

 

1-11-125. Procedure when sufficient number of jurors fail to attend.

 

If a sufficient number of jurors duly drawn and notified do not attend to form a jury the court shall direct the clerk to draw a sufficient number of ballots from box number one to complete the jury and shall summon the persons drawn to attend immediately or at a time fixed by the court. If for any reason a sufficient number of jurors to try the issue is not obtained from the persons notified, the court may make successive orders until a sufficient number is obtained. The court may excuse any juror so drawn if it appears that, because of distance, the delay occasioned by summoning the juror and requiring his presence would unduly prolong empaneling the trial jury. Each person so notified, unless excused by the court, shall serve as a juror at the trial. For a neglect or refusal to serve he may be fined in the same manner as a trial juror regularly drawn and notified and he is subject to the same exceptions and challenges as any other trial juror.

 

1-11-126. No objection that jury not original one returned.

 

It is not a valid objection to a jury that it contains none of the jurors originally returned to the court or is only partially composed of such jurors or that the base jury list was not supplemented as permitted herein.

 

1-11-127. Furnishing of jury boxes.

 

The board of county commissioners of each county of this state shall furnish to the clerk of the district court in their county jury boxes suitable for the purposes prescribed herein.

 

1-11-128. Preparation of jury lists in new counties.

 

In new counties organized under the laws of Wyoming where no official register of voters for the new county exists, the board of county commissioners of the new county may demand from the county clerk of any county from which the new county was wholly or partially organized, a certified list of the names and addresses of the registered voters residing in that portion of the preexisting county which is included in the new county. The county clerk of the new county shall as soon as practicable compile and deliver to the clerk of court of the new county a list of qualified jurors.

 

1-11-129. Procedure for maintaining jury lists, ballots and jury boxes.

 

The procedures for compiling and maintaining of jury lists, jury ballots and jury boxes, and for drawing jurors, may be set by the court to permit the compilation and maintenance of jury lists and ballots and for the drawing of jurors by any manual, mechanical, electronic or other means calculated to insure the integrity of the system and a random selection process.

 

ARTICLE 2 - CONDUCT OF TRIAL; VERDICT

 

1-11-201. Oath of jurors; jury ordered into custody.

 

As soon as the jury is selected an oath shall be administered to the jurors that they will truly try the matter in issue between ...., the plaintiff, and ...., the defendant, and render a true verdict according to the evidence. After the oath has been administered and the jury fully empaneled, the court shall order the jury into the custody of the officer selected by the court. The jurors shall not separate from the custody of the officer until they have been duly discharged, unless by the consent of the parties to the action. The officer shall provide for suitable quarters and food for the jury pending the trial.

 

1-11-202. Peremptory challenges allowed.

 

In the trial of civil cases in the district courts of this state, each side is allowed three (3) peremptory challenges.

 

1-11-203. Challenges for cause; grounds.

 

(a) Challenges for cause may be taken on one (1) or more of the following grounds:

 

(i) A lack of any of the qualifications prescribed by statute which render a person competent as a juror;

 

(ii) Relationship by consanguinity or affinity within the third degree to either party;

 

(iii) Standing in the relation of debtor or creditor, guardian or ward, master or servant, or principal or agent to either party, or being a partner united in business with either party, or being security on any bond or obligation for either party;

 

(iv) Having served as a juror or a witness in a previous trial between the same parties for the same cause of action, or being then a witness therein;

 

(v) Interest on the part of the juror in the event or question involved in the action, but not an interest of the juror as a member or citizen of a municipal corporation;

 

(vi) Having formed or expressed an unqualified opinion or belief as to the merits or the main question of the action. The reading of newspaper accounts of the subject matter before the court shall not disqualify the juror either for bias or opinion;

 

(vii) The existence of a state of mind in the juror evincing enmity or bias for either party.

 

1-11-204. Challenges for cause; trial.

 

All challenges for cause shall be tried by the court, and the juror challenged, and any other persons may be examined as witnesses upon the trial of the challenge.

 

1-11-205. Order of trial.

 

(a) When the jury has been sworn, the trial shall proceed in the following order, unless the court for good cause otherwise directs:

 

(i) The party who has the burden of the issues may briefly state his case and the evidence by which he expects to sustain it;

 

(ii) The adverse party may then briefly state his defense and the evidence he expects to offer in support of it;

 

(iii) The party who has the burden of the issues shall first produce his evidence, the adverse party will then produce his evidence;

 

(iv) The parties will then be confined to rebutting evidence unless the court permits them to offer evidence in their original case;

 

(v) When the evidence is concluded, and either party desires special instructions to be given to the jury, the instructions shall be reduced to writing, numbered and signed by the party or his attorney asking the same, and delivered to the court;

 

(vi) Before argument of the cause is begun, the court shall give such instructions of the law to the jury as may be necessary. The instructions shall be in writing, numbered and signed by the judge;

 

(vii) Where either party asks special instructions to be given to the jury, the court shall either give such instructions as requested, give the instructions with modifications, or refuse to give them. The court shall mark each instruction offered so that it shall appear which instructions were given in whole or in part, and which were refused, so that either party may except to the instructions as given, refused or modified. All instructions given by the court together with those refused shall be filed as a part of the record.

 

1-11-206. View of property or place by jury.

 

When the court considers it proper for the jurors to view the property which is the subject of litigation or the place in which any material fact occurred, it may order them to be conducted in a body under the charge of an officer to the place which shall be shown to them by a person appointed by the court for that purpose. While the jurors are absent no person other than the person so appointed shall speak to them on any subject connected with the trial.

 

1-11-207. Decision or deliberation by jury; duty of officer in charge of jury.

 

When the case is submitted, the jury may decide in court or retire for deliberation. If the jurors retire, they shall be kept together in some convenient place under the charge of an officer until they agree upon a verdict or are discharged by the court. The court may permit them to separate temporarily at night or at their meals. The officer having them under his charge shall not allow any communication to be made to them nor make any himself except to ask them if they have agreed upon their verdict, unless by order of the court. He shall not communicate to any person the state of their deliberations or the verdict agreed upon before their verdict is rendered.

 

1-11-208. Admonition to jurors when permitted to separate.

 

If the jurors are permitted to separate during the trial or after the case is submitted to them, they shall be admonished by the court that it is their duty not to converse with nor allow themselves to be addressed by any person on any subject of the trial, and that they are not to form or express an opinion until the cause is finally submitted to them.

 

1-11-209. Further information after jury's retirement.

 

After the jurors have retired for deliberation, if there is a disagreement between them as to any part of the testimony, or if they desire to be informed as to any part of the law arising in the case, they may request the officer to conduct them to the court where information upon the matter of law shall be given. The court may give its recollection as to the testimony on the points in dispute, in the presence of or after notice to the parties or their counsel.

 

1-11-210. Discharge of jury without verdict.

 

The jury may be discharged by the court on account of the sickness of a juror or any accident or calamity requiring its discharge, or by consent of both parties or after the jurors have been kept together until it appears there is no probability of their agreeing.

 

1-11-211. Retrial after discharge of jury.

 

When the jury is discharged after the cause is submitted or during the trial, the cause may be tried again immediately or at a future time as the court directs.

 

1-11-212. Rendition of verdict.

 

When the jurors agree upon their verdict, it shall be reduced to writing and signed by the foreman. They shall then be conducted into court, their names called by the clerk and the verdict rendered by the foreman. The clerk shall then read the verdict to the jury and inquire whether it is their verdict.

 

1-11-213. Further deliberation; polling jury.

 

If a jury disagrees, or if when the jury is polled a juror answers in the negative, or if the verdict is defective in substance, the jury shall be sent out again for further deliberation and either party may require the jury to be polled by the clerk or court asking each juror if it is his verdict.

 

1-11-214. Discharge of jury; correcting defective verdict.

 

If no disagreement is expressed and neither party requires the jury to be polled, or on polling each juror answers in the affirmative, the verdict is complete and the jury shall be discharged. If the verdict is defective in form only, it may be corrected by the court with the assent of the jurors before they are discharged.

 

ARTICLE 3 - JURY FEES

 

1-11-301. Fees in district court generally.

 

All persons summoned as jurors in the district courts of this state shall receive the fees hereinafter provided and none other.

 

1-11-302. Mileage rate.

 

For each mile actually and necessarily traveled in going to and returning from the place of trial they shall receive mileage at the rate set in W.S. 9-3-103 when the distance traveled exceeds five (5) miles.

 

1-11-303. Amount of fees.

 

Jurors shall receive thirty dollars ($30.00) for each full or part day of actual attendance. A juror in attendance for more than five (5) consecutive days, exclusive of Saturdays, Sundays and holidays, may, in the discretion of the court, be allowed an additional twenty dollars ($20.00) per day for each day actually in attendance.

 

1-11-304. Certificate issued to jurors.

 

The clerk of the court shall note the time of the discharge of each juror summoned and issue to the juror a certificate under seal of the court for the amount due him for mileage and juror fees.

 

ARTICLE 4 - JURORS' EMPLOYMENT

 

1-11-401. Protection of jurors' employment.

 

(a) No employer shall discharge, threaten to discharge, intimidate or coerce any employee by reason of the employee's jury service, for the attendance or scheduled attendance in connection with jury service, in any court in the state of Wyoming.

 

(b) Any employer who violates the provisions of this section:

 

(i) May be enjoined from further violations of this section in order to provide other appropriate relief, including but not limited to reinstatement; and

 

(ii) Is liable for exemplary damages to the employee in an amount set by the court, but not to exceed one thousand dollars ($1,000.00) for each violation as to each employee; and

 

(iii) Is liable for the employee's reasonable costs and attorney's fees, as set by the court, in enforcing his rights hereunder.

 

(c) Any individual who is reinstated to a position of employment in accordance with this section shall be considered as having been on furlough or leave of absence during his period of jury service, shall be reinstated to his position of employment without loss of seniority and is entitled to participate in insurance or other benefits offered by the employer pursuant to established rules and practices relating to employees on furlough or on leave of absence in effect with the employer at the time the individual entered upon jury service.

 

(d) No action by an employee aggrieved hereunder shall be brought more than six (6) months after the alleged violation.

 

(e) The court may award a prevailing employer a reasonable attorney's fee as part of the cost if the court determines that any action brought by an employee is frivolous, vexatious or brought in bad faith.