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Wyoming
CHAPTER 1
GENERAL PROVISIONS AS TO CIVIL ACTIONS
1-1-101. Provisions to be liberally construed.
The Code of Civil Procedure [this title] 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 no application to the Code of Civil Procedure,
but this shall not be so construed as to require a liberal
construction of provisions affecting personal liberty, relating
to amercement or of a penal nature.
1-1-102. 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 friend is liable for the cost chargeable to the
plaintiff. When the minor is sued he shall appear by guardian
nominated by him and appointed by the court before further
proceedings are had in the case, but judgment shall be against
the minor defendant only. In either case, if plaintiff or
defendant neglects or refuses to nominate a next friend
or guardian, the court shall appoint a next friend or guardian,
who shall file his consent in writing, with the court.
1-1-103. 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.
1-1-104. 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.
1-1-105. 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 another shall file with the court his affidavit showing
that he meets the requirements set forth herein.
1-1-106.
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 the two (2) demands will be deemed compensated so far
as they equal each other.
1-1-107.
Furnishing of transcripts.
Upon
request and receipt of the lawful fees required, justices
of the peace and judges of other 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.
1-1-108.
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 payment is not admissible
as evidence in any action for the purpose of determining
the amount of any judgment, with respect to the parties
to the occurrence from which the claim arose. Upon settlement
of the claim, the parties may make any agreement they desire
in respect to all voluntary partial payments.
After entry
of judgment, any such payment shall be treated as a credit
and deducted from the amount of the judgment. If after partial
voluntary payments are made it is determined by final judgment
of a court of competent jurisdiction that the payor is liable
for an amount less than the voluntary payments already made,
the payor has no right of action for the recovery of amounts
by which the voluntary payments exceed the final judgment.
No voluntary partial payments shall be construed to reduce
the amount of damages which may be pleaded and proved in
a court proceeding between the parties.
1-1-109.
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 natural person, including the
personal representative of a deceased person, or any legal
entity, including corporations, limited liability companies,
partnerships or unincorporated associations, and includes
a third party plaintiff and a counterclaiming defendant;
(iii)
"Defendant" means a party to the litigation against
whom a claim for damages is asserted, and includes third
party defendants. Where there is a counterclaim, the claimant
against whom the counterclaim is asserted is also a defendant;
(iv)
"Fault" includes acts or omissions, determined
to be a proximate cause of death or injury to person or
property, that are in any measure negligent, or that subject
an actor to strict tort or strict products liability, and
includes breach of warranty, assumption of risk and misuse
or alteration of a product;
(v)
"Injury to person or property," in addition to
bodily injury, includes, without limitation, loss of enjoyment
of life, emotional distress, pain and suffering, disfigurement,
physical or mental disability, loss of earnings or income,
damage to reputation, loss of consortium, loss of profits
and all other such claims and causes of action arising out
of the fault of an actor;
(vi)
"Wrongful death" means that cause of action authorized
by Wyoming statute to recover money damages when the death
of a person is caused by the fault of an actor such as would
have entitled the party injured to maintain an action to
recover damages if death had not ensued.
(b)
Contributory fault shall not bar a recovery in an action
by any claimant or the claimant's legal representative to
recover damages for wrongful death or injury to person or
property, if the contributory fault of the claimant is not
more than fifty percent (50%) of the total fault of all
actors. Any damages allowed shall be diminished in proportion
to the amount of fault attributed to the claimant.
(c)
Whether or not the claimant is free of fault, the court
shall:
(i)
If a jury trial:
(A)
Direct the jury to determine the total amount of damages
sustained by the claimant without regard to the percentage
of fault attributed to the claimant, and the percentage
of fault attributable to each actor; and
(B)
Inform the jury of the consequences of its determination
of the percentage of fault.
(ii)
If a trial before the court without jury, make special findings
of fact, determining the total amount of damages sustained
by the claimant without regard to the percentage of fault
attributed to the claimant, and the percentage of fault
attributable to each actor.
(d)
The court shall reduce the amount of damages determined
under subsection (c) of this section in proportion to the
percentage of fault attributed to the claimant and enter
judgment against each defendant in the amount determined
under subsection (e) of this section.
(e)
Each defendant is liable only to the extent of that defendant's
proportion of the total fault determined under paragraph
(c)(i) or (ii) of this section.
1-1-110.
Repealed by Laws 1986, ch. 24, § 2.
1-1-111.
Repealed by Laws 1986, ch. 24, § 2.
1-1-112.
Repealed by Laws 1986, ch. 24, § 2.
1-1-113.
Repealed by Laws 1986, ch. 24, § 2.
1-1-114.
Pleading of damages.
The
ad damnum clause or prayer for damages incorporated in a
pleading which sets forth a claim for relief based upon
personal injury or wrongful death shall not state any dollar
amount as alleged damages or demand a sum as judgment other
than an allegation that the damages are of an amount necessary
to establish jurisdiction of the court.
Nothing herein shall
be construed to prevent any party from arguing to the court
or jury the amount of his claim in money. In all cases the
court shall inform the jury of the consequences of its verdict.
1-1-115.
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 mailing at the address shown on the check
or his last known address or personally served pursuant
to the Wyoming Rules of Civil Procedure, to pay to the holder
of the check the amount of the check and a collection fee
not to exceed thirty dollars ($30.00). The demand shall
state that the drawer is required to pay the value of the
check and the collection fee demanded and shall state the
collection fee provided for in this section.
(b)
Any person who fails to pay the amount of the check and
the collection fee as set forth in subsection (a) of this
section within thirty (30) days following the date of a
written demand, mailed to or served on the drawer in accordance
with subsection (a) of this section, is liable to the holder
of the check for three (3) times the amount of the check,
but in no case less than one hundred dollars ($100.00),
a collection fee of thirty dollars ($30.00), and court costs.
(c)
In extraordinary cases, including cases in which the court
determines that the party who wrote the check has raised
dilatory or bad faith defenses, the court may award the
prevailing party reasonable attorney fees.
(d)
Nothing in this section shall prevent the criminal prosecution
of the person who issues the check. However, any payment
made by the defendant to a victim pursuant to an order for
restitution entered in a criminal case pursuant to W.S.
7-9-101 through 7-9-112 or 6-3-704(b), shall be set off
against any judgment in favor of the victim in a civil action
brought under this section arising out of the same facts
or event.
(e)
A cause of action under this section may be brought in small
claims court, if the amount of the demand does not exceed
the jurisdiction of that court, or in any other appropriate
court.
(f)
As used in this section, "check," "drawee,"
"drawer" and "issue" have the same meaning
as defined in W.S. 6-3-701.
1-1-116.
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. 6-3-408 and may in the
same action seek damages from the person violating W.S.
6-3-408.
(b)
In order to maintain an action for injunctive relief under
this section, it is not necessary for the plaintiff to show
actual damages or the threat of actual damages.
(c)
As used in this section "services" has the same
meaning as specified in W.S. 6-3-408.
1-1-117.
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
or occurrences alleged in the action. If an affidavit is
filed, the court shall order the dismissal of the claim
against the certifying party, except as provided for in
subsection (b) of this section. The affidavit shall be filed
within the time required for filing an answer, if no answer
is filed; and, in any event, at least twenty (20) days prior
to trial. Any order of dismissal based on the affidavit
shall not be entered within ten (10) days after the affidavit
is filed.
(b)
Any party may oppose the dismissal or move to vacate the
order of dismissal and reinstate the certifying party, provided
he can show that the certifying party was directly or indirectly
involved in the occurrence or occurrences alleged in the
action. After the filing of an affidavit under this section,
the party opposing the dismissal may have discovery with
respect to the involvement or noninvolvement of the party
filing the affidavit, provided the discovery is completed
within sixty (60) days of the filing of the affidavit.
1-1-118.
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 willful, wanton or reckless
act of the sponsoring organization or its employees.
(b)
A minor shall be deemed to be a voluntary participant for
purposes of this section if he has signed a written consent
to participate in the rodeo event and the consent is also
signed by one (1) of the minor's parents or by his legal
guardian.
1-1-119.
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 liability for the injury or wrongful death unless its
terms so provide.
1-1-120.
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 without
compensation at the place of an emergency or accident, is
not liable for any civil damages for acts or omissions in
good faith.
(b)
Persons or organizations operating volunteer ambulances
or rescue vehicles supported by public or private funds,
staffed by unpaid volunteers, and which make no charge for
services rendered during medical emergencies, and the unpaid
volunteers who staff ambulances and rescue vehicles are
not liable for any civil damages for acts or omissions in
good faith in furnishing emergency medical services. This
immunity does not apply to acts or omissions constituting
gross negligence or willful or wanton misconduct.
(c)
Any person who provides assistance or advice without compensation
other than reimbursement of out-of-pocket expenses in mitigating
or attempting to mitigate the effects of an actual or threatened
discharge of hazardous materials, or in preventing, cleaning
up or disposing of or in attempting to prevent, clean up
or dispose of any discharge of hazardous materials, is not
liable for any civil damages for acts or omissions in good
faith in providing the assistance or advice. This immunity
does not apply to acts or omissions constituting gross negligence
or willful or wanton misconduct. As used in this subsection:
(i)
"Discharge" includes leakage, seepage or other
release;
(ii)
"Hazardous materials" includes all materials and
substances which are now or hereafter designated or defined
as hazardous by any state or federal law or by the regulations
of any state or federal government agency.
1-1-121.
Recreation Safety Act; short title.
This
act shall be known and may be cited as the "Recreation
Safety Act".
1-1-122.
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 person or governmental entity
which for profit or otherwise, offers or conducts a sport
or recreational opportunity. This act does not apply to
a cause of action based upon the design or manufacture of
sport or recreational equipment or products or safety equipment
used incidental to or required by the sport or recreational
opportunity;
(iii)
"Sport or recreational opportunity" means commonly
understood sporting activities including baseball, softball,
football, soccer, basketball, swimming, hockey, dude ranching,
nordic or alpine skiing, mountain climbing, river floating,
hunting, fishing, backcountry trips, horseback riding and
any other equine activity, snowmobiling and similar recreational
opportunities;
(iv)
"Equine activity" means:
(A)
Equine shows, fairs, competitions, performances or parades
that involve any or all breeds of equines;
(B)
Any of the equine disciplines;
(C)
Equine training or teaching activities, or both;
(D)
Boarding equines;
(E)
Riding, inspecting or evaluating an equine belonging to
another, whether or not the owner has received some monetary
consideration or other thing of value for the use of the
equine or is permitting a prospective purchaser of the equine
to ride, inspect or evaluate the equine;
(F)
Rides, trips, hunts or other equine activities of any type
however informal or impromptu;
(G)
Day use rental riding, riding associated with a dude ranch
or riding associated with outfitted pack trips; and
(H)
Placing or replacing horseshoes on an equine.
(v)
Repealed By Laws 1996, ch. 78, § 2.
(vi)
"This act" means W.S. 1-1-121 through 1-1-123.
1-1-123.
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 or other persons or property that results
from the inherent risks in that sport or recreational opportunity.
(b)
A provider of any sport or recreational opportunity is not
required to eliminate, alter or control the inherent risks
within the particular sport or recreational opportunity.
(c)
Actions based upon negligence of the provider wherein the
damage, injury or death is not the result of an inherent
risk of the sport or recreational opportunity shall be preserved
pursuant to W.S. 1-1-109.
1-1-124.
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)
The screening procedure authorized by this section shall
be designed to reduce the burden of malpractice cases on
the state judicial system and to encourage the prompt resolution
of nonmeritorious claims. The expedited procedure may include
the creation of professional review panels to review claims
and to determine:
(i)
Whether there is substantial evidence that the acts complained
of occurred, constituted malpractice and resulted in injury
to the claimant; and
(ii)
A recommended award if requested by the parties.
(c)
The supreme court shall annually report to the legislature
the costs of operating the expedited screening procedure
and shall submit a recommendation for the proration and
assessment of costs among the professions subject to the
pretrial screening procedure.
1-1-125.
Immunity for volunteers; volunteer firefighters.
(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
organization and that are reimbursed to the volunteer or
otherwise paid nor does it include any incidental personal
privileges received by volunteers for their services;
(ii)
"Nonprofit organization" means those nonprofit
organizations exempt from federal income tax pursuant to
section 501(c) of the Internal Revenue Code;
(iii)
"Volunteer" means an officer, director, trustee
or other person who performs services for a nonprofit organization
but does not receive compensation, either directly or indirectly,
for those services, or a volunteer firefighter who performs
services for a volunteer fire department under W.S. 35-9-601(h)
whether or not he receives compensation or a pension.
(b)
Except as provided in subsection (c) of this section, a
volunteer who provides services or performs duties on behalf
of a nonprofit organization or a volunteer fire department
is personally immune from civil liability for any act or
omission resulting in damage or injury if at the time of
the act or omission:
(i)
The person was acting within the scope of his duties as
a volunteer for the nonprofit organization or volunteer
fire department; and
(ii)
The act or omission did not constitute willful or wanton
misconduct or gross negligence.
(c)
This section does not grant immunity to any person causing
damage as a result of the negligent operation of a motor
vehicle.
(d)
In any suit against a nonprofit organization or a volunteer
fire department for civil damages based upon the negligent
act or omission of a volunteer, proof of the act or omission
shall be sufficient to establish the responsibility of the
organization or department under the doctrine of respondeat
superior, notwithstanding the immunity granted to the volunteer
with respect to any act or omission included under subsection
(b) of this section.
1-1-126.
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 conduct. The aggrieved party may also seek and be
awarded exemplary damages, reasonable attorney's fees and
costs of the action.
(b)
A civil action may be maintained under this section whether
or not the individual who is alleged to have engaged in
a course of conduct prohibited under W.S. 6-2-506 has been
charged or convicted under W.S. 6-2-506 for the alleged
crime.
(c)
Neither the pendency nor the termination of a civil action
under this section shall prevent the criminal prosecution
of a person who violates W.S. 6-2-506.
1-1-127.
Civil liability for shoplifting.
(a)
A person over ten (10) years of age who violates W.S. 6-3-404(a)
or (b) is civilly liable to the merchant of the property
in an amount consisting of:
(i)
Return of the property in original condition or actual damages
equal to the full marked or listed price of the property;
plus
(ii)
A civil liability of twice the amount of the full marked
or listed price of the property but not less than fifty
dollars ($50.00) nor more than one thousand dollars ($1,000.00);
plus
(iii)
Reasonable attorney's fees and court costs.
(b)
If an unemancipated minor violates W.S. 6-3-404(a) or (b),
the parents or guardian of the child shall be civilly liable
as provided by subsection (a) of this section, provided
liability under this subsection shall not apply to foster
parents, to parents whose parental custody and control of
the child have been terminated by court order prior to the
violation or to any governmental or private agency that
has been appointed guardian for the minor child pursuant
to court order or action of the department of family services.
Civil liability under this subsection is not subject to
the limitation on liability provided by W.S. 14-2-203 or
any other law that limits the liability of parents for damages
caused by an unemancipated minor.
(c)
A conviction or a plea of guilty to a violation of W.S.
6-3-404(a) or (b) is not a prerequisite to the bringing
of a civil suit under this section.
(d)
An action to recover damages and any civil liability under
this section may be brought in small claims court if the
total amount of the demand for damages and any civil liability
does not exceed the jurisdiction of that court, or in any
other appropriate court.
(e)
In order to recover damages and any civil liability under
this act, the merchant of the property shall also notify
law enforcement officials.
1-1-128.
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 order to maintain an action for injunctive relief under
this section, it is not necessary for the plaintiff to show
actual damages or the threat of actual damages. A prevailing
party in an action under this section may recover court
costs and reasonable attorney fees.
(b)
A conviction or plea of guilty is not a prerequisite to
the bringing of a civil action under this section.
(c)
A cause of action for theft of identity is not deemed to
have accrued until the wrongdoer is discovered.
(d)
Nothing in this section shall prevent the criminal prosecution
of a person for theft of identity. However, any payment
made by the defendant to a victim pursuant to an order for
restitution entered in a criminal case pursuant to W.S.
6-3-901 and 7-9-101 through 7-9-115, shall be set off against
any judgment in favor of the victim in a civil action brought
under this section arising out of the same facts or event.
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