2010 Wyoming Statutes
Title 1 - Code Of Civil Procedure
Chapter 14 - Fees And Costs And Security Therefor

CHAPTER 14 - FEES AND COSTS AND SECURITY THEREFOR

 

1-14-101. "Folio" defined.

 

The term folio as used in this act means one hundred (100) words. Four (4) figures shall be counted as one (1) word.

 

1-14-102. Witness fees; fees for expert witnesses in civil and criminal cases.

 

(a) Witnesses are entitled to receive the following minimum fees:

 

(i) For attending before any court or grand jury, or before any judge, referee or commissioner, ten dollars ($10.00) per day, and five dollars ($5.00) for half a day; and

 

(ii) Repealed By Laws 2004, Chapter 42, 2.

 

(iii) Mileage at the rate set in W.S. 9-3-103 for each mile actually and necessarily traveled in going to and returning from place of attendance.

 

(b) In any civil or criminal case, any party may call expert witnesses to testify and if the court finds any witness to be a qualified expert and the expert gives expert testimony which is admitted as evidence in the case, the expert witness shall be allowed witness fees of twenty-five dollars ($25.00) per day or such other amount as the court allows according to the circumstances of the case. Expert witness fees may be charged as costs against any party or be apportioned among some or all parties in the discretion of the court.

 

1-14-103. Witness or juror to receive only single fee.

 

No witness shall receive fees or mileage in more than one (1) case covering the same period of time or the same travel. Each witness shall make affidavit that the fees and mileage claimed have not been claimed or received in any other case. No juror shall receive pay as a witness while serving as a juror.

 

1-14-104. Physician testifying as expert or performing postmortem or autopsy; fees.

 

Any physician or surgeon shall receive a reasonable fee as determined by the coroner when testifying as an expert before a coroner or other officer for each half day or portion thereof, and when conducting a postmortem examination or autopsy.

 

1-14-105. Physician testifying as expert or performing postmortem or autopsy; postmortem fee certificate; exceptions.

 

The coroner or other officer who has ordered a postmortem examination shall issue to the physician or surgeon a certificate for the fees provided, which shall be paid by the board of county commissioners by issuing a county warrant on the treasurer of the county in which the services were rendered in the amount of the certificate. W.S. 1-14-104 and 1-14-105 do not apply in the case of any physician regularly employed by the county.

 

1-14-106. Payment of fees in criminal cases.

 

In criminal cases where the fees prescribed are not paid by the defendant or the prosecuting witness, they shall be paid to the party entitled thereto by the public defender's office, if subpoenaed by a defendant represented by the public defender, otherwise by the county.

 

1-14-107. Record of attendance and fees of jurors and witnesses.

 

The clerk of the district court shall keep a record of the attendance and fees of jurors and witnesses at each term of court when claimed during the term and for which the county is liable.

 

1-14-108. Statement of attendance of jurors and witnesses in criminal cases.

 

Within ten (10) days after the close of each term of a court of record, the clerk shall return to the county commissioners a statement of the attendance of jurors and witnesses at such term and their mileage as taken by him in all criminal cases for which the county is liable.

 

1-14-109. Repealed by Laws 2009, Ch. 168, 207.

 

 

1-14-110. Only actual mileage allowed for service; liability for false statement.

 

If any officer or other person who is allowed mileage for any services rendered receives at the same time more than one (1) writ or process to serve, or authority to render more than one (1) service at the same place, he is only entitled to mileage for the actual number of miles traveled, allowing a full mile from place to place for every person served or every service rendered during the same journey. His return or claim for mileage shall show the actual number of miles necessarily traveled from the place where he received his authority to the place where the actual service was made or rendered. Should any false statement for mileage be proved, then no mileage shall be allowed for any services performed by virtue of the authority, writ or process by which such services were rendered and the maker of the false statement is liable to criminal process.

 

1-14-111. Witness or juror entitled to but single day's service for multiple criminal cases and on grand juries.

 

If a witness or juror is summoned to serve in more than one (1) criminal case in the same court on the same day, the witness or juror is entitled to but one (1) day's service, which shall be taxed as costs in the first case. The officer swearing the witness or juror shall keep a proper account of the fees in order that not more than one (1) payment is made under such circumstances. This also applies to grand juries and witnesses before grand juries.

 

1-14-112. Court officers not allowed witness fees.

 

An officer whose duty it is to be in constant attendance upon any court and who is sworn as a witness in a case then pending in that court, is not entitled to witness fees in the case.

 

1-14-113. Officer's fees to be posted; penalty.

 

Each officer herein named shall post a list of his fees in his office in a conspicuous place. For failure to do so he shall pay three dollars ($3.00) per day for each day of failure, which may be recovered by the county in a civil action.

 

1-14-114. Officer's return to show his fees.

 

An officer serving any process or order is not entitled to fees for service unless he returns on the process the amount of his fees and the items thereof.

 

1-14-115. Right to receive certified bill of costs or fees.

 

Any person liable for any costs or fees is entitled to receive on demand a certified bill of the same, in which the items of service and the charges therefor are stated.

 

1-14-116. Repealed By Laws 2004, Chapter 42, 2.

 

 

1-14-117. Disposition of costs collected.

 

Every sheriff and other officer collecting costs on execution, after retaining the amount of his own fees shall pay the residue of the collected costs to the clerk of the court which issued the execution and take a receipt therefor.

 

1-14-118. Payment of fees and compensation.

 

All fees provided for by law when due from any party other than the state or the county are payable in advance to the person entitled to them. All fees and compensation due any person from the county are payable once every three (3) months by warrants drawn upon the county treasury in the manner provided by law, unless herein otherwise provided.

 

1-14-119. Nonresidents and partnerships suing in company name to furnish security; requirements.

 

If a nonresident of the state or a partnership suing in its company name brings an action, the plaintiff must furnish sufficient security for costs approved by the clerk. A surety's obligations are complete by his endorsing the summons or complaint. The surety is bound for the payment of all costs adjudged or taxed against the plaintiff in the court in which the action is brought or in any other court to which it may be carried, whether he obtains judgment or not. The nonresident plaintiff may deposit with the clerk of court as security for costs in the case such sum of money as the clerk deems sufficient for the purpose. Upon motion of the defendant, the court may require the deposit to be increased, that personal security be given or that the nonresident plaintiff pay all costs as fast as they accrue.

 

1-14-120. Nonresidents and partnerships suing in company name to furnish security; failure to give security.

 

If security for costs is not given as required by W.S. 1-14-119 or if the costs are not paid, the court shall at any time before the commencement of the trial, on motion of the defendant and notice to the plaintiff, dismiss the action unless within a reasonable time allowed by the court security is given.

 

1-14-121. Nonresident and partnership suing in company name to furnish security; when plaintiff becomes nonresident of county.

 

If the plaintiff becomes a nonresident of the county in which the action is brought during its pendency, he may be compelled to give security in the manner stated in W.S. 1-14-119 and 1-14-120.

 

1-14-122. Additional security upon motion of defendant.

 

In an action in which security for costs has been given, the defendant may at any time before the commencement of the trial, after reasonable notice to the plaintiff, move the court for additional security. If on the motion the court is satisfied that the surety has moved from this state or the security is not sufficient the action may be dismissed unless in a reasonable time fixed by the court sufficient security is given.

 

1-14-123. Judgment against surety for costs; execution.

 

After final judgment in an action in which security for costs is given, the court may on motion of the defendant or a person having a right to costs, after ten (10) days notice of the motion, render judgment in the name of the movant against the surety, his executors or administrators, for the costs adjudged against the plaintiff. Execution may be issued on the judgment as in other cases for the use and benefit of the person entitled to the costs.

 

1-14-124. Costs allowed for recovery of money or property.

 

Costs shall be allowed to the plaintiff upon a judgment in his favor in an action for the recovery of money only or for the recovery of specific real or personal property, unless otherwise provided by law.

 

1-14-125. When costs not recoverable by plaintiff.

 

When the judgment is less than one hundred dollars ($100.00), unless the recovery is reduced below that sum by counterclaim or setoff, each party shall pay his own costs. When the damage assessed is under five dollars ($5.00), the plaintiff shall not recover costs in any action for libel, slander, malicious prosecution, assault, assault and battery, false imprisonment or nuisance.

 

1-14-126. Costs in discretion of court.

 

(a) In other actions the court may award and tax costs and apportion them between the parties on the same or adverse sides as it deems right and equitable. When a civil case is settled too late for the clerk of court to advise the jury panel that the jurors should not appear on the date summoned the court may order that any or all parties reimburse the proper fund for the fees and mileage paid to the jurors and bailiffs for their appearance.

 

(b) In civil actions for which an award of attorney's fees is authorized, the court in its discretion may award reasonable attorney's fees to the prevailing party without requiring expert testimony. In exercising its discretion the court may consider the following factors:

 

(i) The time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly;

 

(ii) The likelihood that the acceptance of the particular employment precluded other employment by the lawyer;

 

(iii) The fee customarily charged in the locality for similar legal services;

 

(iv) The amount involved and the results obtained;

 

(v) The time limitations imposed by the client or by the circumstances;

 

(vi) The nature and length of the professional relationship with the client;

 

(vii) The experience, reputation and ability of the lawyer or lawyers performing the services; and

 

(viii) Whether the fee is fixed or contingent.

 

1-14-127. Recovery of costs when several actions brought on same instrument.

 

When several actions are brought on one (1) instrument in writing against several parties who might have been joined as defendants in the same action, no costs shall be recovered by the plaintiff in more than one (1) of the actions if the parties proceeded against in the other action were openly within the state at the commencement of the previous action.

 

1-14-128. Repealed by Laws 2009, Ch. 168, 102.