2010 Wyoming Statutes
Title 1 - Code Of Civil Procedure
Chapter 21 - Procedure And Actions

CHAPTER 21 - PROCEDURE AND ACTIONS

 

ARTICLE 1 - IN GENERAL

 

1-21-101. 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 parties appeared before him, either without or upon the return of process;

 

(iv) A brief statement of the nature of the plaintiff's demand and the amount claimed, and if any setoff was pleaded, a similar statement of the setoff and the amount claimed;

 

(v) Every adjournment stating at whose request and for what time;

 

(vi) The time when the trial was had, stating whether the trial was by the jury or by the justice;

 

(vii) The verdict of the jury, when rendered and the judgment thereon;

 

(viii) The judgment of the court;

 

(ix) The time of issuing execution and the name of the officer to whom delivered;

 

(x) The fact of an appeal taken and allowed, and when taken and allowed;

 

(xi) Satisfaction of judgment and when made;

 

(xii) Any other entries material to the cause, showing the proceedings before the justice.

 

1-21-102. 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 docket, cease all further proceedings, and certify to the district court of the county a transcript of all entries made in the docket relating to the case in the same manner and within the same time as upon appeal. The case shall then be conducted in the district court as though appealed to the district court for trial de novo, except that no bond as on appeal or payment of costs in the circuit court is required for the transfer to the district court.

 

1-21-103. 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 examination of the witness.

 

ARTICLE 2 - PROCEDURE FOR SMALL CLAIMS

 

1-21-201. Procedure and costs generally; jurisdiction extended.

 

In the trial of civil cases before any circuit court in which the amount claimed, exclusive of costs, does not exceed five thousand dollars ($5,000.00), the procedure and costs are as defined in W.S. 1-21-201 through 1-21-205. The department of revenue may consolidate claims for collection of taxes against a single taxpayer into a single case under the procedures in W.S. 1-21-201 through 1-21-205 subject to specified dollar limitations.

 

1-21-202. Commencement of actions; fee; 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 organization appears before any circuit court and executes an affidavit reciting the full address of the defendant, the nature of the claim, the amount due and stating that demand has been made and payment refused. The plaintiff shall deposit an appearance fee of four dollars ($4.00) which shall be retained by the court as costs and taxed to the party against whom judgment is rendered. The remedy provided by this article is cumulative and not exclusive.

 

(b) Notwithstanding the provisions of Chapter 5 of Title 33 of the Wyoming Statutes, in small claims court, the state, governmental entities, natural persons, corporations, partnerships, associations or other organizations may litigate actions on behalf of themselves in person or through authorized employees, with or without an attorney, provided that if an attorney appears, the opposing party is entitled to a continuance for the purpose of obtaining an attorney of its own.

 

(c) The circuit judge shall docket the case as provided by law.

 

1-21-203. 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 at any location in the county in the manner provided by law or, if the defendant resides in the county, service may be made by the court by certified mail addressed to the defendant at his address within the county with return receipt requested. Upon receipt by the circuit judge of the return receipt signed by the defendant or his agent, service is complete.

 

(b) Venue provisions in W.S. 1-5-105 through 1-5-109 apply to actions commenced under this article.

 

1-21-204. Time for appearance.

 

The date of appearance of the defendant as provided in the summons shall be not more than twelve (12) days nor less than three (3) days from the date of service of the summons. When the circuit judge has fixed the date for the appearance of the defendant he shall inform the plaintiff of the date and at the same time order the plaintiff to appear with such books, papers and witnesses as necessary to prove his claim.

 

1-21-205. 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 garnishment shall issue, but execution, including post judgment garnishment in aid of execution, may issue as prescribed by law for circuit court.

 

ARTICLE 3 - ATTACHMENT AND GARNISHMENT

 

1-21-301. Repealed by laws 1987, ch. 198, 4.

 

 

1-21-302. Repealed by laws 1987, ch. 198, 4.

 

 

1-21-303. Repealed by laws 1987, ch. 198, 4.

 

 

1-21-304. Repealed by laws 1987, ch. 198, 4.

 

 

1-21-305. Repealed by laws 1987, ch. 198, 4.

 

 

1-21-306. Repealed by laws 1987, ch. 198, 4.

 

 

1-21-307. Repealed by laws 1987, ch. 198, 4.

 

 

1-21-308. Repealed by laws 1987, ch. 198, 4.

 

 

1-21-309. Repealed by laws 1987, ch. 198, 4.

 

 

1-21-310. Repealed by laws 1987, ch. 198, 4.

 

 

1-21-311. Repealed by laws 1987, ch. 198, 4.

 

 

1-21-312. Repealed by laws 1987, ch. 198, 4.

 

 

1-21-313. Repealed by laws 1987, ch. 198, 4.

 

 

1-21-314. Repealed by laws 1987, ch. 198, 4.

 

 

1-21-315. Repealed by laws 1987, ch. 198, 4.

 

 

1-21-316. Repealed by laws 1987, ch. 198, 4.

 

 

1-21-317. Repealed by laws 1987, ch. 198, 4.

 

 

1-21-318. Repealed by laws 1987, ch. 198, 4.

 

 

1-21-319. Repealed by laws 1987, ch. 198, 4.

 

 

1-21-320. Repealed by laws 1987, ch. 198, 4.

 

 

1-21-321. Repealed by laws 1987, ch. 198, 4.

 

 

1-21-322. Repealed by laws 1987, ch. 198, 4.

 

 

1-21-323. Repealed by laws 1987, ch. 198, 4.

 

 

1-21-324. Repealed by laws 1987, ch. 198, 4.

 

 

1-21-325. Repealed by laws 1987, ch. 198, 4.

 

 

1-21-326. Repealed by laws 1987, ch. 198, 4.

 

 

1-21-327. Repealed by laws 1987, ch. 198, 4.

 

 

1-21-328. Repealed by laws 1987, ch. 198, 4.

 

 

1-21-329. Repealed by laws 1987, ch. 198, 4.

 

 

1-21-330. Repealed by laws 1987, ch. 198, 4.

 

 

1-21-331. Repealed by laws 1987, ch. 198, 4.

 

 

1-21-332. Repealed by laws 1987, ch. 198, 4.

 

 

1-21-333. Repealed by laws 1987, ch. 198, 4.

 

 

ARTICLE 4 - JUDGMENTS

 

1-21-401. 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 satisfaction and release on the judgment docket in the circuit court in which the judgment was entered. Endorsement of partial payment or satisfaction of the whole shall be made by the party recovering the judgment or his attorney in the case within fifteen (15) days after the payment has been made, and after each payment when more than one (1) payment is made on any judgment. Each endorsement shall be dated and signed by the person executing the same.

 

1-21-402. 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 conviction shall be punished by a fine for each offense of not less than twenty-five dollars ($25.00) nor more than two hundred dollars ($200.00).

 

1-21-403. 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 premises in controversy for the whole period of the unlawful detainer.

 

ARTICLE 5 - EXECUTION AND STAY THEREOF

 

1-21-501. 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 entry of the judgment, or the date of the last execution issued thereon.

 

1-21-502. 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 judgment by stating the names of the parties, the name of the judge, the county where and the time when the judgment was rendered and the true amount of the unsatisfied judgment. The execution shall direct the sheriff to:

 

(i) Collect the amount of the judgment out of the personal property of the judgment debtor and pay it to the judgment creditor; and

 

(ii) Make return on the execution within thirty (30) days after receipt showing the manner of execution.

 

1-21-503. 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.

 

1-21-504. 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 due and every such endorsement shall continue the execution in full force for no longer than thirty (30) days. An entry of renewal shall be made in the docket.

 

1-21-505. Repealed by Laws 1987, ch. 198, 4.

 

 

1-21-506. 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.

 

1-21-507. 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 judgment for his own use, which has the same force and effect as transcripts in other cases.

 

1-21-508. 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 with summons, specified by name.

 

1-21-509. 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.

 

1-21-510. Execution for costs.

 

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

 

1-21-511. 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 property holders of the county, approved by the judge, conditioned on the payment of the amount of the judgment, interest and costs that may accrue. The bond shall be entered on the docket and signed by the surety.

 

1-21-512. 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 dollars ($100.00), excluding costs;

 

(iii) For six (6) months on any judgment in excess of one hundred dollars ($100.00), excluding costs.

 

1-21-513. 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 failing to make return, making a false return or refusing to pay over money collected in his official capacity;

 

(iii) On a judgment against a surety for the stay of execution;

 

(iv) Where judgment is rendered in favor of a surety who has been ordered by judgment to pay over money on account of the principal;

 

(v) On a judgment obtained by a sheriff on a bond executed to him for the delivery of property.

 

1-21-514. 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.

 

1-21-515. 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 judgment was rendered. When any surety for the stay of execution becomes apprehensive that by delaying the execution until expiration of the stay he may be compelled to pay the judgment, the surety may file an affidavit of the facts with the judge who rendered judgment whereupon the judge shall issue execution against the judgment debtor. The surety is not thereby discharged from liability, but may be proceeded against after expiration of the stay.

 

1-21-516. 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 bond and recall the execution. The latest bond shall first be proceeded against until it appears by the return of the sheriff that there are no goods on which to levy, then proceedings shall be instituted on the first bond given.

 

1-21-517. 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 served with notice of discovery under this section shall hold for the benefit of the judgment creditor from the time of service all property, money and credits in his hands belonging to the judgment debtor or due to him.

 

ARTICLE 6 - SALES ON EXECUTION

 

1-21-601. 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 place of sale, describe the goods and chattels, and shall be published at least ten (10) days before the day of sale.

 

1-21-602. 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 had. The officer shall return the execution together with the money to the judge at the time of making the return.

 

1-21-603. 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.

 

ARTICLE 7 - TRIAL OF PROPERTY RIGHTS IN PROPERTY SEIZED ON EXECUTION OR ATTACHMENT

 

1-21-701. 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 found within the county, the notice shall be served by leaving a copy at his usual place of abode in the county, or if no place of abode exists then by leaving notice at the court, stating the time and place of trial to determine the right to the property. The trial shall be held before a circuit court in the county at least one (1) day prior to the time appointed for sale of the property.

 

1-21-702. 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 order to the officer who levied on or is charged with selling the property, directing him to restore the property found to belong to the claimant.

 

1-21-703. 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 the property so taken.

 

ARTICLE 8 - ARBITRATION

 

1-21-801. 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 proceed in a summary manner to hear the cause. Any of the arbitrators may administer oaths, issue subpoenas for witnesses and compel their attendance, and punish for contempt. They shall make their awards in writing, any two (2) concurring being the award of all. The award shall be reported to the judge who shall enter judgment accordingly. The judgment is final unless it is made to appear to the judge within ten (10) days after the entry of judgment that the award was obtained by fraud, corruption or any undue means, in which case the judge shall set aside the award and the case shall stand for trial as though no award had been made.

 

1-21-802. 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.

 

1-21-803. 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 merits.

 

1-21-804. 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.

 

ARTICLE 9 - CONTEMPT

 

1-21-901. Grounds.

 

(a) A circuit court judge may punish for contempt in the following cases and no others:

 

(i) Persons guilty of disorderly, contemptuous and insolent behavior toward a judge engaged in any judicial proceeding, which tends to interrupt such proceedings or impair the respect due the judge's authority;

 

(ii) Persons guilty of resistance or disobedience to any lawful order or process made or issued by the judge.

 

1-21-902. Repealed By Laws 2005, ch. 90, 2.

 

 

1-21-903. Hearing required; warrant of attachment.

 

No person shall be punished for contempt before a circuit court judge until after an opportunity to be heard and for that purpose the judge may issue his warrant of attachment to bring the offender before him.

 

1-21-904. Summary proceedings if offender present.

 

If the offender is present he may be summarily arraigned by the circuit court judge and proceeded against as if a warrant had been previously issued and the offender arrested thereon.

 

1-21-905. Warrant of commitment.

 

The warrant of commitment for contempt must set forth the particular circumstances of the offense or it is void.

 

1-21-906. Commitment of witness; generally.

 

Any witness attending before a circuit court who refuses to be sworn in some form prescribed by law or to answer any pertinent or proper question, may by order be committed to the jail of the county.

 

1-21-907. Commitment of witness; order.

 

The order shall specify the cause for which the order was issued. If it is for refusing to answer any question, the question shall be specified. The witness shall be closely confined pursuant to the order until he is sworn or answers.

 

1-21-908. Commitment of witness; adjournment.

 

The circuit court shall adjourn the case at the request of either party for a reasonable time or until the witness testifies in the case.

 

1-21-909. Failure of witness to attend.

 

If any person subpoenaed as a witness fails to attend, he is guilty of contempt and shall be fined all the costs for his apprehension unless he shows reasonable cause for his failure to attend, in which case the party requiring the appearance shall pay the costs.

 

ARTICLE 10 - FORCIBLE ENTRY AND DETAINER

 

1-21-1001. Jurisdiction of circuit courts.

 

Any circuit court within the judicial district may inquire against those who make unlawful and forcible entry into lands and tenements and detain the same, or against those who, having a lawful and peaceable entry into lands or tenements, unlawfully or by force hold the same. If it is found that an unlawful and forcible entry was made and the lands or tenements are held by force, or that after a lawful entry the lands are held unlawfully, the judge shall require restitution to the complaining party.

 

1-21-1002. When proceedings allowed.

 

(a) Proceedings for forcible entry and detainer may be had in any of the following cases:

 

(i) Against tenants holding over their terms or after a failure to pay rent for three (3) days after it is due;

 

(ii) In sales of real estate on execution, orders or other judicial process, including proceedings for the foreclosure of a mortgage by court action, when the judgment debtor was in possession at the time of rendition of the judgment or decree by virtue of which the sale was made;

 

(iii) When real estate has been sold under a power of sale contained in any mortgage or trust deed and the purchaser or his assignee has demanded possession;

 

(iv) Any sale by executors, administrators, guardians or on partition where any of the parties to the petition were in possession at the commencement of the suit, after the sale has been examined by the proper court and adjudged legal;

 

(v) In cases where the defendant is a settler or occupier of lands or tenements, without color of title, to which the complainant has the right of possession;

 

(vi) Against renters in violation of any terms imposed under W.S. 1-21-1204 or 1-21-1205.

 

(b) This section shall not be construed as limiting the provisions of W.S. 1-21-1201 through 1-21-1210.

 

1-21-1003. Notice to quit premises required.

 

The party desiring to commence an action for forcible entry or detainer must notify the adverse party to leave the premises involved. The notice shall be served at least three (3) days before commencing the action, by leaving a written copy with the defendant or at his usual place of abode or business if he cannot be found.

 

1-21-1004. Summons; service and return.

 

The summons shall state the cause of the complaint against the defendant, the time and place of trial and shall be served and returned as in other cases. Such service shall be not less than three (3) nor more than twelve (12) days before the day of trial set by the judge.

 

1-21-1005. Proceedings when defendant fails to appear.

 

If the defendant does not appear in accordance with a properly served summons the circuit court shall try the action as though he were present. Before proceeding, the plaintiff shall file a complaint in which he relies in order to recover the premises. The complaint must be sustained by proof or the action dismissed.

 

1-21-1006. Proceedings when defendant appears.

 

If the defendant appears, a like complaint shall be admitted or denied in the answer of the defendant. Both parties may be allowed to amend. If no answer is made by the defendant, he may not offer evidence upon his part, but shall only be allowed to cross-examine the plaintiff's witnesses.

 

1-21-1007. Bond on granting continuance.

 

No continuance shall be granted the defendant for longer than two (2) days unless he gives a bond to the adverse party, with good and sufficient surety approved by the circuit court, conditioned for the payment of the rent that may accrue and costs if judgment is rendered against him.

 

1-21-1008. Trial by judge or jury; judgment and costs.

 

(a) If the action is not continued, the place of trial changed or if neither party demands a jury, upon the return day of the summons the circuit court shall try the action. If the circuit court concludes that the complaint is not true, the court shall enter judgment against the plaintiff for costs. If the court finds the complaint true, it shall render a general judgment in favor of the plaintiff for restitution of the premises and costs. If the court finds the complaint true in part, it shall render judgment for restitution of that part only and the costs shall be taxed as deemed equitable.

 

(b) If the case is one based on failure to pay rent, the court shall further find the amount of rent due and payable at the time of the hearing, together with the terms and conditions of the agreement between the parties in relation to the amount and time of payment of rent. If the trial is by jury the verdict shall contain a finding of these facts and the court shall recite such findings in the docket entry of proceedings. The court, upon these findings, in addition to entering judgment for the plaintiff to have restitution, shall render judgment in accordance with the findings for the amount of rent found due, together with costs and attorney's fees as provided by the lease, and shall issue execution separate from the writ of restitution for the rent found due and costs as in other actions.

 

1-21-1009. Trial by jury; verdict.

 

If a jury is demanded by either party, the proceedings shall be the same as in other cases until the empaneling thereof. If the jury finds the complaint true they shall render a general verdict against the defendant, and if untrue, a general verdict in favor of the defendant. If true in part, the verdict shall set forth the facts they find true.

 

1-21-1010. Judgment upon verdict.

 

The circuit court shall enter the verdict upon the docket and render judgment thereon.

 

1-21-1011. Exceptions.

 

Exceptions to the opinion of the circuit court on questions of law or evidence may be taken by either party, whether tried by a jury or the court.

 

1-21-1012. Writ of restitution; issuance.

 

When a judgment of restitution is entered by a circuit court, the court shall, at the request of the plaintiff, his agent or attorney, issue a writ of restitution thereon.

 

1-21-1013. Writ of restitution; execution and return.

 

Unless the defendant takes an appeal, the officer shall execute the writ of restitution within two (2) days after receiving it, Sundays excepted, by restoring the plaintiff to possession of the premises. He shall levy and collect the execution for rent and costs and make return as upon other executions.

 

1-21-1014. Proceedings upon stay on appeal; bond required.

 

(a) If the officer receives notice from the circuit court that the proceedings have been stayed on appeal, he shall immediately delay all further proceedings upon execution and writ of restitution. If the premises have been restored to the plaintiff he shall immediately place the defendant in possession thereof and return the writ and execution with his proceedings and costs taxed thereon.

 

(b) An appeal by a defendant shall not stay the proceedings on judgment unless within forty-eight (48) hours after judgment, Sundays excepted, the appellant executes and files with the court his bond to plaintiff, with two (2) or more sufficient sureties approved by the court, conditioned that the appellant will pay all costs which have accrued or may thereafter accrue and all damages which plaintiff may have sustained or may thereafter sustain in consequence of the wrongful detention of the premises during the pendency of the appeal. Upon taking the appeal and filing the bond, all further proceedings in the case shall be stayed and the appellate court shall thereafter issue all writs and processes to carry out the judgment of the appellate court. The court in which the appeal is pending may require a new bond in a larger amount, with sureties approved by the appellate court, if deemed necessary to secure the rights of the parties.

 

1-21-1015. Rents to be deposited on appeal.

 

(a) In appeals from the judgment of a circuit court for rents due and payable, in addition to the bond required by W.S. 1-21-1014, the appellant shall deposit with the court the amount of rent specified in the judgment. Unless the deposit is made, the appeal is not perfected and proceedings upon the judgment shall be had accordingly. If the appeal is perfected, the court shall transmit the deposit to the clerk of the appellate court with the papers in the case.

 

(b) Thereafter, when the rents become due, the appellant shall deposit them with the clerk of the appellate court. If at any time during the pendency of the appeal and before final judgment the appellant fails to make any deposit of rent at the time specified in the judgment appealed, the court in which such appeal is pending shall, upon such fact being made to appear, and upon motion and proof of such fact by the appellee, the appellate court shall affirm the judgment appealed from with costs. Proceedings shall thereupon be had as in like cases determined upon the merits and the rent money deposited paid to the plaintiff or his assignee upon order of the court.

 

1-21-1016. Ejectment not barred.

 

The pendency of an action for forcible entry or detainer does not bar an action of ejectment.

 

ARTICLE 11 - REPLEVIN

 

1-21-1101. Repealed By Laws 2005, ch. 90, 2.

 

 

1-21-1102. Repealed by Laws 1987, ch. 198, 4.

 

 

1-21-1103. Repealed by Laws 1987, ch. 198, 4.

 

 

1-21-1104. Repealed by Laws 1987, ch. 198, 4.

 

 

1-21-1105. Repealed by Laws 1987, ch. 198, 4.

 

 

1-21-1106. Repealed by Laws 1987, ch. 198, 4.

 

 

1-21-1107. Repealed by Laws 1987, ch. 198, 4.

 

 

1-21-1108. Repealed by Laws 1987, ch. 198, 4.

 

 

1-21-1109. Repealed by Laws 1987, ch. 198, 4.

 

 

1-21-1110. Repealed by Laws 1987, ch. 198, 4.

 

 

1-21-1111. Repealed by Laws 1987, ch. 198, 4.

 

 

1-21-1112. Repealed by Laws 1987, ch. 198, 4.

 

 

1-21-1113. Repealed by Laws 1987, ch. 198, 4.

 

 

1-21-1114. Repealed by Laws 1987, ch. 198, 4.

 

 

1-21-1115. Repealed by Laws 1987, ch. 198, 4.

 

 

1-21-1116. Repealed by Laws 1987, ch. 198, 4.

 

 

ARTICLE 12 - RESIDENTIAL RENTAL PROPERTY

 

1-21-1201. Definitions.

 

(a) As used in this article:

 

(i) "Owner" means the owner, lessor or sublessor of a residential rental unit and for purposes of notice and other communication required or allowed under this article, "owner" includes a managing agent, leasing agent or resident manager unless the agent or manager specifies otherwise in writing in the rental agreement;

 

(ii) "Rental agreement" means any agreement, written or oral, which establishes or modifies the terms, conditions, rules or any other provisions regarding the use and occupancy of a residential rental unit;

 

(iii) "Renter" means any renter, lessee, tenant or other person entitled under a rental agreement to occupy a residential rental unit to the exclusion of others;

 

(iv) "Residential rental unit" means a renter's principal place of residence and includes the appurtenances, grounds, common areas and facilities held out for the occupancy of the residential renter generally and any other area or facility provided to the renter in the rental agreement, excluding a mobile home lot or recreational property rented on an occasional basis;

 

(v) "Termination" means the lawful ending or cessation of a rental agreement for any reason including expiration of the rental period, voluntary termination by mutual agreement of the parties, termination in accordance with W.S. 1-21-1203(d), abandonment of the leased premises by the renter prior to expiration of the rental period or termination resulting from court order.

 

1-21-1202. Duties of owners and renters; generally.

 

(a) Each owner and his agent renting or leasing a residential rental unit shall maintain that unit in a safe and sanitary condition fit for human habitation. Each residential rental unit shall have operational electrical, heating and plumbing, with hot and cold running water unless otherwise agreed upon in writing by both parties. Provided, however, this section shall not prevent the rental of seasonal rental units such as summer cabins which are not intended to have such amenities.

 

(b) Each renter shall cooperate in maintaining his residential rental unit in accordance with this article.

 

(c) This article does not apply to breakage, malfunctions or other conditions which do not materially affect the physical health or safety of the ordinary renter.

 

(d) Any duty or obligation in this article may be assigned to a different party or modified by explicit written agreement signed by the parties.

 

1-21-1203. Owner's duties; notice by renter of noncompliance; duty to correct; exceptions; termination of rental agreement; liability limited.

 

(a) To protect the physical health and safety of the renter, each owner shall:

 

(i) Not rent the residential rental unit unless it is reasonably safe, sanitary and fit for human occupancy;

 

(ii) Maintain common areas of the residential rental unit in a sanitary and reasonably safe condition;

 

(iii) Maintain electrical systems, plumbing, heating and hot and cold water; and

 

(iv) Maintain other appliances and facilities as specifically contracted in the rental agreement.

 

(b) If the renter is current on all payments required by the rental agreement and has reasonable cause supported by evidence to believe the residential rental unit does not comply with the standards for health and safety required under this article, the renter shall advise the owner in writing of the condition and specify the remedial action the renter requests be taken by the owner. Within a reasonable time after receipt of this notice, the owner shall either commence action to correct the condition of the residential rental unit or notify the renter in writing that the owner disputes the renter's claim. The notices required by this subsection shall be served by certified mail or in the manner specified by W.S. 1-21-1003.

 

(c) The owner shall not be required to correct or remedy any condition caused by the renter, the renter's family or the renter's guests or invitees by inappropriate use or misuse of the property during the rental term or any extension of it.

 

(d) The owner may refuse to correct the condition of the residential rental unit and terminate the rental agreement if the costs of repairs exceeds an amount which would be reasonable in light of the rent charged, the nature of the rental property or rental agreement. If the owner refuses to correct the condition and intends to terminate the rental agreement, he shall notify the renter in writing within a reasonable time after receipt of the notice of noncompliance and shall provide the renter with sufficient time to find substitute housing, which shall be no less than ten (10) days nor more than twenty (20) days from the date of the notice. If the rental agreement is terminated, the rent paid shall be prorated to the date the renter vacates the unit and any balance shall be refunded to the renter along with any deposit due in accordance with W.S. 1-21-1208.

 

(e) The owner is not liable under this article for claims for mental suffering or anguish.

 

1-21-1204. Renter's duties.

 

(a) Each renter shall:

 

(i) Maintain the residential rental unit occupied in a clean and safe condition and not unreasonably burden any common area;

 

(ii) Dispose of all garbage and other waste in a clean and safe manner;

 

(iii) Maintain all plumbing fixtures in a condition as sanitary as the fixtures permit;

 

(iv) Use all electrical, plumbing, sanitary, heating and other facilities and appliances in a reasonable manner;

 

(v) Occupy the residential rental unit in the manner for which it was designed and shall not increase the number of occupants above that specified in the rental agreement without written permission of the owner;

 

(vi) Be current on all payments required by the rental agreement;

 

(vii) Comply with all lawful requirements of the rental agreement between the owner and the renter; and

 

(viii) Remove all property and garbage either owned or placed within the residential rental unit by the renter or his guests prior to termination of the rental agreement and clean the rental unit to the condition at the beginning of the rental agreement.

 

1-21-1205. Prohibited acts by renter.

 

(a) No renter shall:

 

(i) Intentionally or negligently destroy, deface, damage, impair or remove any part of the residential rental unit or knowingly permit any person to do so;

 

(ii) Interfere with another person's peaceful enjoyment of the residential property; or

 

(iii) Unreasonably deny access to, refuse entry to or withhold consent to enter the residential rental unit to the owner, agent or manager for the purpose of making repairs to or inspecting the unit, and showing the unit for rent or sale.

 

1-21-1206. Renter's remedies; notice to owner or agent; judicial remedy; rights under termination of rental agreement.

 

(a) The remedies set forth in this section are available to a renter in compliance with all provisions of W.S. 1-21-1204 and 1-21-1205 when the rental agreement has not been lawfully terminated pursuant to W.S. 1-21-1203(d).

 

(b) If a reasonable time has elapsed after the renter has served written notice on the owner under W.S. 1-21-1203 and the owner has failed to respond or to correct the condition described in the notice, the renter may cause a "notice to repair or correct condition" to be prepared and served on the owner by certified mail or in the manner specified by W.S. 1-21-1003. This notice shall:

 

(i) Recite the previous notice served under W.S. 1-21-1203(b);

 

(ii) State the number of days that have elapsed since the notice was served and that under the circumstances the period of time constitutes the reasonable time allowed under W.S. 1-21-1203(b);

 

(iii) State the conditions included in the previous notice which have not been corrected;

 

(iv) Demand that the uncorrected conditions be corrected; and

 

(v) State that if the owner fails to commence reasonable corrective action within three (3) days he will seek redress in the courts.

 

(c) If the owner has not corrected or used due diligence to correct the conditions following notice under this section, or if the owner has notified the renter that the claim is disputed, the renter may commence a civil action in circuit court. The court shall endorse on the summons the number of days within which the owner is required to appear and defend the action, which shall not be less than three (3) nor more than twenty (20) days from the date of service. Upon a showing of an unreasonable refusal to correct or the failure to use due diligence to correct a condition described in this article, the renter may be awarded costs, damages and affirmative relief as determined by the court. Damages awarded to the renter may include rent improperly retained or collected. Affirmative relief may include a declaration terminating the rental agreement, or an order directing the owner to make reasonable repairs.

 

(d) If the court terminates the rental agreement pursuant to subsection (c) of this section, the renter is entitled to receive a refund of the balance of the rent and the deposit on the rental unit within thirty (30) days of the date the agreement is ordered terminated. The renter shall be required to vacate the rental unit no sooner than ten (10) days nor later than twenty (20) days after termination of the rental agreement by a court.

 

1-21-1207. Required notice of nonrefundable deposit.

 

Any rental agreement shall state whether any portion of a deposit is nonrefundable and written notice of this fact shall also be provided to the renter at the time the deposit is taken by the owner or his designated agent.

 

1-21-1208. Deductions from deposit; written itemization; time limits; failure to give notice; recovery by renter; utilities deposit; penalty.

 

(a) Upon termination of the rental agreement, property or money held as a deposit may be applied by the owner or his agent to the payment of accrued rent, damages to the residential rental unit beyond reasonable wear and tear, the cost to clean the unit to the condition at the beginning of the rental agreement and to other costs provided by any contract. The balance of any deposit and prepaid rent and a written itemization of any deductions from the deposit together with reasons therefor, shall be delivered or mailed without interest to the renter within thirty (30) days after termination of the rental agreement or within fifteen (15) days after receipt of the renter's new mailing address, whichever is later. If there is damage to the residential rental unit, this period shall be extended by thirty (30) days. The renter shall within thirty (30) days of termination of the rental agreement, notify the owner or designated agent of the location where payment and notice may be made or mailed.

 

(b) After termination of the rental agreement, property or money held and separately identified as a utilities deposit shall be refunded by the owner to the renter within ten (10) days of a satisfactory showing that all utility charges incurred by the renter have been paid. Absent such showing within forty-five (45) days of termination, the owner shall within fifteen (15) days thereafter, apply the utilities deposit to the outstanding utility debt incurred by the renter. Any refund due to the renter shall be paid within seven (7) days after the utility deposit has been applied to the renter's utility debt, or within fifteen (15) days after receipt of the renter's new mailing address, whichever is later.

 

(c) If the owner of a residential rental unit or his agent unreasonably fails to comply with subsection (a) or (b) of this section, the renter may recover the full deposit and court costs. In an action by a renter pursuant to this section, if the owner is the prevailing party and the court finds the renter acted unreasonably in bringing the action, the owner may be awarded court costs in addition to any other relief available.

 

1-21-1209. Holder of owner's interest bound by provisions.

 

The holder of the interest of the owner or designated agent in the residential rental unit at the time of termination of the rental agreement shall be bound by the provisions of W.S. 1-21-1207 and 1-21-1208.

 

1-21-1210. Possession of premises and disposition of personal property abandoned by renter after termination of rental agreement.

 

(a) Upon regaining lawful possession of the rental unit following termination of the rental agreement, the owner may immediately dispose of any trash or property the owner reasonably believes to be hazardous, perishable or valueless and abandoned. Any property remaining within the rental unit after termination of the rental agreement shall be presumed to be both valueless and abandoned. Any valuable property may be removed from the residential rental unit and shall thereafter be disposed of as follows:

 

(i) The owner shall provide written notice to the renter in accordance with this paragraph, describing the property claimed to be abandoned and stating that the property shall be disposed of after seven (7) days from the date of service of the notice if the renter or his agent does not, within the seven (7) day period, take possession of the property or notify the owner in writing of the renter's intent to take possession of the property. The notice provided by the owner under this paragraph shall be deemed served:

 

(A) On the date the notice is mailed by certified mail to the renter at an address furnished to the owner by the renter in writing specifically for this purpose;

 

(B) On the date notice is served on the renter in accordance with Rule 4 of the Wyoming Rules of Civil Procedure provided a copy of the written notice is delivered to the individual renter personally; or

 

(C) On the date the notice is published in a newspaper published in the county or widely circulated in the county where the residential rental unit is located.

 

(ii) If the owner does not receive a written response from the renter within seven (7) days after service of notice under paragraph (i) of this subsection, the property shall be conclusively deemed abandoned and the owner may retain or dispose of the property;

 

(iii) If the renter responds in writing to the owner on or before seven (7) days after service of notice under paragraph (i) of this subsection that he intends to take possession of the property, the property shall be held for an additional period of seven (7) days after the written response is received. If the renter fails to take possession of the property within the additional fifteen (15) day period, the property shall be conclusively deemed abandoned and the owner may retain or dispose of the property.

 

(b) The owner is entitled to payment of storage costs for the period the property remains in safekeeping plus the cost of removal of the property to the place of storage. An owner shall be allowed reasonable storage costs if he stores the property himself or actual storage costs if the property is stored commercially. Payment of storage costs shall be made before the renter removes the property.

 

(c) The owner is not responsible for any loss to the renter resulting from storage.

 

1-21-1211. Owner's remedies; eviction; judicial remedies; damages.

 

(a) If the renter does not vacate the premises as required by a court order issued pursuant to W.S. 1-21-1001 et seq., the sheriff may remove the renter's possessions and prevent the renter from reentering the premises without further action by the court.

 

(b) If the renter damages the rental property, the owner may apply any property or money held as a deposit to the payment of damages as provided in W.S. 1-21-1208(a) and the renter shall remain liable for any damages beyond the damages paid by the deposit, plus interest at ten percent (10%) per annum on any unpaid amounts. The owner may take any legal action available to recover damages caused to the unit by the renter.