(a) The following persons shall not testify in certainrespects:
(i) An attorney or a physician concerning a communication madeto him by his client or patient in that relation, or his advice to his clientor patient. The attorney or physician may testify by express consent of theclient or patient, and if the client or patient voluntarily testifies theattorney or physician may be compelled to testify on the same subject;
(ii) A clergyman or priest concerning a confession made to himin his professional character if enjoined by the church to which he belongs;
(iii) Husband or wife, except as provided in W.S. 1-12-104;
(iv) A person who assigns his claim or interest concerning anymatter in respect to which he would not be permitted to testify if a party;
(v) A person who, if a party, would be restricted in his evidenceunder W.S. 1-12-102 shall, where the property is sold or transferred by anexecutor, administrator, guardian, trustee, heir, devisee or legatee, berestricted in the same manner in any action or proceeding concerning theproperty;
(vi) A confidential intermediary, as defined in W.S.1-22-201(a)(viii), concerning communications made to him or informationobtained by him during the course of an investigation pursuant to W.S.1-22-203, when the public interests, in the judgment of the court, would sufferby the disclosure.
1-12-102. When party incapable of testifying.
Inan action or suit by or against a person who from any cause is incapable oftestifying, or by or against a trustee, executor, administrator, heir or otherrepresentative of the person incapable of testifying, no judgment or decreefounded on uncorroborated testimony shall be rendered in favor of a party whoseinterests are adverse to the person incapable of testifying or his trustee,executor, administrator, heir or other representative. In any such action orsuit, if the adverse party testifies, all entries, memorandum and declarationsby the party incapable of testifying made while he was capable, relevant to thematter in issue, may be received in evidence.
1-12-103. Compelling testimony of adverse parties in civil andcriminal actions.
Aparty may compel the adverse party to testify orally or by deposition as anyother witness, and no person is disqualified as a witness in any action, civilor criminal, because of his interest in the same as a party or otherwise. Everyperson is a competent witness except as otherwise provided by law, but hisinterest in the action may be shown to affect the credibility of the witness.Any party of record in a civil action, or any person for whose immediatebenefit the action is prosecuted or defended, or his assignor, officer, agentor employee or if a county or city is a party any officer of the county orcity, may be examined upon the trial of any action as if undercross-examination at the instance of the adverse party and may be compelled totestify subject to the same rules for examination as any other witness. Theparty calling for the examination is not concluded thereby and may rebut theevidence given by counter or impeaching testimony.
1-12-104. Husband and wife as witnesses in civil and criminal cases.
Nohusband or wife shall be a witness against the other except in criminalproceedings for a crime committed by one against the other, or in a civilaction or proceeding by one against the other. They may in all civil andcriminal cases be witnesses for each other the same as though the maritalrelation did not exist.
1-12-105. Right of witness to demand fees; failure to pay; paymentsnoted.
Afterthe case is called for trial and before a witness is sworn, he may demand histraveling fees and fees for one (1) day's attendance. If the fees are not paidhe is not obliged to testify. At the commencement of the trial each day afterthe first day he may demand his fees for that day's attendance and if the feesare not paid he shall not be compelled to remain. The clerk shall note thepayment of fees in the witness book.
1-12-106. Contempt of court by witness.
Disobedienceof a subpoena, refusal to be sworn except for refusal to pay fees on demand, orrefusal to answer as a witness or to subscribe a deposition when lawfullyordered, may be punished as a contempt of the court or officer who required theattendance or testimony of the witness.
1-12-107. Attachment of witness who disobeys subpoena.
Whena witness fails to attend in obedience to a subpoena, the court or officerbefore whom his attendance is required may issue an attachment to the sheriffof the county commanding him to arrest and bring the person named before thecourt at a time and place fixed in the attachment, to give his testimony andanswer for the contempt. If the attachment is not for immediately bringing thewitness before the court or officer, a sum may be fixed in which the witnessmay give bond with surety for his appearance. The sum shall be endorsed on theback of the attachment. If no sum is fixed and endorsed, it shall be onehundred dollars ($100.00). If the witness was not personally served, the courtmay order him to show cause why an attachment should not issue against him.
1-12-108. Punishment for contempt by witness.
(a) Punishment for the contempt mentioned in W.S. 1-12-106 isas follows:
(i) When the witness fails to attend in obedience to asubpoena, the court or officer may fine him not more than fifty dollars($50.00);
(ii) In other cases the court or officer may fine the witnessnot more than fifty dollars ($50.00) nor less than five dollars ($5.00), or mayimprison him in the county jail until he submits to be sworn, testifies or giveshis deposition.
(b) The fine imposed shall be paid into the county treasury.
(c) The witness is also liable to the party injured for anydamages occasioned by his failure to attend, his refusal to be sworn, totestify or give his deposition.
1-12-109. Discharge of imprisoned witness.
Uponapplication of a witness imprisoned by an officer, a judge of the supreme courtor district court may discharge him if it appears that his imprisonment isillegal.
1-12-110. Attachment for arrest or order of commitment; execution.
Everyattachment for the arrest or order of commitment to prison of a witness by acourt or officer must be under the seal of the court or officer, if the officerhas an official seal, and must specify particularly the cause of the arrest orcommitment. If the commitment is for a refusal to answer a question, thequestion must be stated in the order and the order of commitment directed tothe sheriff of the county where the witness resides or may be found at thattime. It shall be executed by committing the witness to the jail of the countyand delivering a copy of the order to the jailer.
1-12-111. Procuring testimony of imprisoned witness.
Whenit is necessary to procure testimony of a person confined in the statepenitentiary or any jail or reformatory, in the trial of any issue in anindictment or information, or in any hearing before a grand jury, the court mayorder a subpoena issued, directed to the warden of the state penitentiary orthe superintendent of the jail or reformatory commanding him to bring thewitness named in the subpoena before the court. The warden, superintendent orsheriff shall take the witness before the court at the time and place named inthe subpoena and hold him until he is discharged by the court. When dischargedhe shall be returned by the officer to the place of imprisonment from which hewas taken. The officer may command such assistance as he deems proper for thesafe transportation of the witness. When the witness is in attendance of anycourt he may be placed for safekeeping in the jail of the county. The county inwhich the offense was alleged to have been committed shall pay the actual andnecessary expenses of producing, keeping and returning the witness.
1-12-112. Taking of prisoner's deposition.
Whilea prisoner's deposition is being taken he shall remain in the custody of theofficer having charge of him. The officer shall afford reasonable facilitiesfor the taking of the deposition.
1-12-113. Immunity of witness obeying subpoena.
Awitness may not be served with a summons or sued in a county in which he doesnot reside while going, returning or attending in obedience to a subpoena.
1-12-114. Oath of witness.
Beforetestifying the witness shall be sworn to testify the truth, the whole truth andnothing but the truth.
1-12-115. Testimony for use in foreign jurisdiction.
Wheneverany mandate, writ or commission is issued from any court of record in anyforeign jurisdiction, or whenever upon notice or agreement it is required totake the testimony of a witness in this state, the witness may be compelled toappear and testify in the same manner and by the same process as employed fortaking testimony in matters pending in the courts of this state.
1-12-116. Confidential communications between family violence andsexual assault advocate and victim.
(a) As used in this section:
(i) "Advocate" or "family violence or sexualassault advocate" means a person who is employed by or volunteers servicesto any family violence and sexual assault program, who is certified by theprogram as having undergone at least forty (40) hours of crisis advocacytraining and whose work is directed and supervised under a family violence andsexual assault program;
(ii) "Confidential communication" means informationtransmitted in confidence between a victim and an advocate in the course ofthat relationship and includes all information received by, and any report,working paper or document prepared by the advocate in the course of that relationship;
(iii) "Crisis services to victims of family violence andsexual assault" means emergency and follow-up intervention, information,referral services and medical, legal and social services advocacy;
(iv) "Family violence and sexual assault program" meansa program whose primary purpose is to offer shelter and crisis services tovictims of family violence and sexual assault through any community facility orcenter;
(v) "Shelter" means a place of temporary refuge,offered on a twenty-four (24) hour, seven (7) day per week basis to victims andtheir children;
(vi) "Victim" means a person who has been subjected tosexual assault as defined by W.S. 6-2-301(a)(v), incest as defined by W.S.6-4-402 or domestic abuse as defined by W.S. 35-21-102(a)(iii).
(b) Except as provided by W.S. 14-3-210, a person exempted fromtestifying under the provisions of W.S. 1-12-116 shall not be examined as awitness in any civil, criminal, legislative or administrative proceedingconcerning the following communications and information:
(i) An advocate shall not testify concerning a confidentialcommunication made by a victim in the course of that relationship, except theadvocate:
(A) May testify:
(I) With the express consent of the victim; or
(II) If the victim voluntarily testifies, provided theadvocate's testimony shall be limited to the same subject matter.
(B) May be compelled to testify if the victim is unable totestify due to death or incompetence.
(ii) Any employee of a family violence and sexual assaultprogram who has access to confidential communication shall not testify exceptin those circumstances where the advocate may testify.
ARTICLE 2 - DOCUMENTARY EVIDENCE GENERALLY
1-12-201. Copies of documents filed with interstate commerce or publicservice commissions.
Printedcopies of schedules, classifications and tariffs of rates, fares, charges,rules and regulations and supplements thereto, filed with the interstatecommerce commission or the public service commission, which show respectivelyan interstate commerce commission number and an effective date or a publicservice commission number and an effective date, may be received in evidencewithout certification and shall be presumed to be correct copies of theoriginals on file with the interstate commerce commission or on file with thepublic service commission.
ARTICLE 3 - JUDICIAL NOTICE OF FOREIGN LAW
1-12-301. Proof of laws of foreign jurisdictions.
Printedcopies of written law enacted by any other state, territory or foreigngovernment purporting or proved to have been published by the authoritythereof, or proved to be commonly admitted as evidence of the existing law inthe courts or tribunals of the state, territory or government shall be admittedby the courts and officers of this state on all occasions as prima facieevidence of the law. The unwritten or common law of any other state, territoryor foreign government may be proved by parol evidence and the books of reportsof cases adjudicated in their courts may also be admitted as prima facieevidence of the law.
1-12-302. Judicial notice required.
Everycourt of this state shall take judicial notice of the common law and statutesof every state, territory and other jurisdiction of the United States.
1-12-303. Manner of obtaining information.
Thecourt may inform itself of foreign laws in such manner as it deems proper, andthe court may call upon counsel to aid in obtaining such information.
1-12-304. Determination of foreign law; reviewability.
Thedetermination of foreign laws shall be made by the court and not by the jury,and is reviewable.
1-12-305. Reasonable notice to be given adverse party.
Anyparty may present to the trial court any admissible evidence of foreign laws,but to enable a party to offer evidence of the law in another jurisdiction orto ask that judicial notice be taken thereof, reasonable notice shall be givento the adverse parties in the pleadings or otherwise.
1-12-306. Laws of jurisdictions outside United States.
Thelaw of a jurisdiction other than a state, territory or jurisdiction of theUnited States, is an issue for the court but is not subject to the foregoingprovisions concerning judicial notice.
ARTICLE 4 - CAPTURED, MISSING OR DEAD PERSONS
1-12-401. Written finding of presumed death admissible as evidence.
1-12-402. Official report that person is missing or captured asevidence of person's condition.
Anofficial written report, record or certified copy thereof that a person ismissing, missing in action, interned in a neutral country, beleaguered,besieged, captured by an enemy or is dead or alive, made by any officer oremployee of the United States authorized by any law of the United States tomake the report or copy, shall be received in any court, office or other placein this state as evidence of the condition of that person.
1-12-403. Findings and reports and records deemed prima facie valid.
Forthe purposes of W.S. 1-12-401 and 1-12-402, any finding, report, record orcertified copy purporting to have been signed by an officer or employee of theUnited States shall be deemed prima facie to have been signed and issued by theofficer or employee pursuant to law, and the person signing shall be deemedprima facie to have acted within the scope of his authority. If a copy purportsto have been certified by a person authorized by law to certify the same, suchcertified copy shall be prima facie evidence of his authority.
ARTICLE 5 - PRESUMPTIONS
1-12-501. Survivorship upon simultaneous death.
(a) When two (2) persons perish in the same calamity and it isnot shown who died first and there are no particular circumstances from whichit can be inferred, survivorship is presumed from the probabilities resultingfrom the strength, age and sex, according to the following rules:
(i) If both of those who have perished were under the age offifteen (15) years, the older is presumed to have survived;
(ii) If both were of the age of sixty (60) years or older, theyounger is presumed to have survived;
(iii) If one is under fifteen (15) years of age and the other issixty (60) years of age or older, the former is presumed to have survived;
(iv) If both are fifteen (15) years of age or older and undersixty (60) years of age, and the sexes are different, the male is presumed tohave survived. If the sexes are the same, the older will be presumed to havesurvived;
(v) If one is under the age of fifteen (15) years or is sixty(60) years of age or older, and the other is between those ages, the latter is presumedto have survived.
1-12-502. Renumbered by Laws 1979, ch. 142, 3.
ARTICLE 6 - BURDEN OF PROOF
1-12-601. Injury by health care providers; burden of proof.
(a) In an action for injury alleging negligence by a healthcare provider the plaintiff shall have the burden of proving:
(i) If the defendant is certified by a national certificatingboard or association, that the defendant failed to act in accordance with thestandard of care adhered to by that national board or association; or
(ii) If the defendant is not so certified, that the defendantfailed to act in accordance with the standard of care adhered to by health careproviders in good standing performing similar health care services.
(b) In either paragraph (a)(i) or (ii) of this section,variations in theory of medical practice or localized circumstances regardingavailability of equipment, facilities or supplies may be shown to contraveneproof offered on the applicable standard of care.
(a) The following persons shall not testify in certainrespects:
(i) An attorney or a physician concerning a communication madeto him by his client or patient in that relation, or his advice to his clientor patient. The attorney or physician may testify by express consent of theclient or patient, and if the client or patient voluntarily testifies theattorney or physician may be compelled to testify on the same subject;
(ii) A clergyman or priest concerning a confession made to himin his professional character if enjoined by the church to which he belongs;
(iii) Husband or wife, except as provided in W.S. 1-12-104;
(iv) A person who assigns his claim or interest concerning anymatter in respect to which he would not be permitted to testify if a party;
(v) A person who, if a party, would be restricted in his evidenceunder W.S. 1-12-102 shall, where the property is sold or transferred by anexecutor, administrator, guardian, trustee, heir, devisee or legatee, berestricted in the same manner in any action or proceeding concerning theproperty;
(vi) A confidential intermediary, as defined in W.S.1-22-201(a)(viii), concerning communications made to him or informationobtained by him during the course of an investigation pursuant to W.S.1-22-203, when the public interests, in the judgment of the court, would sufferby the disclosure.
1-12-102. When party incapable of testifying.
Inan action or suit by or against a person who from any cause is incapable oftestifying, or by or against a trustee, executor, administrator, heir or otherrepresentative of the person incapable of testifying, no judgment or decreefounded on uncorroborated testimony shall be rendered in favor of a party whoseinterests are adverse to the person incapable of testifying or his trustee,executor, administrator, heir or other representative. In any such action orsuit, if the adverse party testifies, all entries, memorandum and declarationsby the party incapable of testifying made while he was capable, relevant to thematter in issue, may be received in evidence.
1-12-103. Compelling testimony of adverse parties in civil andcriminal actions.
Aparty may compel the adverse party to testify orally or by deposition as anyother witness, and no person is disqualified as a witness in any action, civilor criminal, because of his interest in the same as a party or otherwise. Everyperson is a competent witness except as otherwise provided by law, but hisinterest in the action may be shown to affect the credibility of the witness.Any party of record in a civil action, or any person for whose immediatebenefit the action is prosecuted or defended, or his assignor, officer, agentor employee or if a county or city is a party any officer of the county orcity, may be examined upon the trial of any action as if undercross-examination at the instance of the adverse party and may be compelled totestify subject to the same rules for examination as any other witness. Theparty calling for the examination is not concluded thereby and may rebut theevidence given by counter or impeaching testimony.
1-12-104. Husband and wife as witnesses in civil and criminal cases.
Nohusband or wife shall be a witness against the other except in criminalproceedings for a crime committed by one against the other, or in a civilaction or proceeding by one against the other. They may in all civil andcriminal cases be witnesses for each other the same as though the maritalrelation did not exist.
1-12-105. Right of witness to demand fees; failure to pay; paymentsnoted.
Afterthe case is called for trial and before a witness is sworn, he may demand histraveling fees and fees for one (1) day's attendance. If the fees are not paidhe is not obliged to testify. At the commencement of the trial each day afterthe first day he may demand his fees for that day's attendance and if the feesare not paid he shall not be compelled to remain. The clerk shall note thepayment of fees in the witness book.
1-12-106. Contempt of court by witness.
Disobedienceof a subpoena, refusal to be sworn except for refusal to pay fees on demand, orrefusal to answer as a witness or to subscribe a deposition when lawfullyordered, may be punished as a contempt of the court or officer who required theattendance or testimony of the witness.
1-12-107. Attachment of witness who disobeys subpoena.
Whena witness fails to attend in obedience to a subpoena, the court or officerbefore whom his attendance is required may issue an attachment to the sheriffof the county commanding him to arrest and bring the person named before thecourt at a time and place fixed in the attachment, to give his testimony andanswer for the contempt. If the attachment is not for immediately bringing thewitness before the court or officer, a sum may be fixed in which the witnessmay give bond with surety for his appearance. The sum shall be endorsed on theback of the attachment. If no sum is fixed and endorsed, it shall be onehundred dollars ($100.00). If the witness was not personally served, the courtmay order him to show cause why an attachment should not issue against him.
1-12-108. Punishment for contempt by witness.
(a) Punishment for the contempt mentioned in W.S. 1-12-106 isas follows:
(i) When the witness fails to attend in obedience to asubpoena, the court or officer may fine him not more than fifty dollars($50.00);
(ii) In other cases the court or officer may fine the witnessnot more than fifty dollars ($50.00) nor less than five dollars ($5.00), or mayimprison him in the county jail until he submits to be sworn, testifies or giveshis deposition.
(b) The fine imposed shall be paid into the county treasury.
(c) The witness is also liable to the party injured for anydamages occasioned by his failure to attend, his refusal to be sworn, totestify or give his deposition.
1-12-109. Discharge of imprisoned witness.
Uponapplication of a witness imprisoned by an officer, a judge of the supreme courtor district court may discharge him if it appears that his imprisonment isillegal.
1-12-110. Attachment for arrest or order of commitment; execution.
Everyattachment for the arrest or order of commitment to prison of a witness by acourt or officer must be under the seal of the court or officer, if the officerhas an official seal, and must specify particularly the cause of the arrest orcommitment. If the commitment is for a refusal to answer a question, thequestion must be stated in the order and the order of commitment directed tothe sheriff of the county where the witness resides or may be found at thattime. It shall be executed by committing the witness to the jail of the countyand delivering a copy of the order to the jailer.
1-12-111. Procuring testimony of imprisoned witness.
Whenit is necessary to procure testimony of a person confined in the statepenitentiary or any jail or reformatory, in the trial of any issue in anindictment or information, or in any hearing before a grand jury, the court mayorder a subpoena issued, directed to the warden of the state penitentiary orthe superintendent of the jail or reformatory commanding him to bring thewitness named in the subpoena before the court. The warden, superintendent orsheriff shall take the witness before the court at the time and place named inthe subpoena and hold him until he is discharged by the court. When dischargedhe shall be returned by the officer to the place of imprisonment from which hewas taken. The officer may command such assistance as he deems proper for thesafe transportation of the witness. When the witness is in attendance of anycourt he may be placed for safekeeping in the jail of the county. The county inwhich the offense was alleged to have been committed shall pay the actual andnecessary expenses of producing, keeping and returning the witness.
1-12-112. Taking of prisoner's deposition.
Whilea prisoner's deposition is being taken he shall remain in the custody of theofficer having charge of him. The officer shall afford reasonable facilitiesfor the taking of the deposition.
1-12-113. Immunity of witness obeying subpoena.
Awitness may not be served with a summons or sued in a county in which he doesnot reside while going, returning or attending in obedience to a subpoena.
1-12-114. Oath of witness.
Beforetestifying the witness shall be sworn to testify the truth, the whole truth andnothing but the truth.
1-12-115. Testimony for use in foreign jurisdiction.
Wheneverany mandate, writ or commission is issued from any court of record in anyforeign jurisdiction, or whenever upon notice or agreement it is required totake the testimony of a witness in this state, the witness may be compelled toappear and testify in the same manner and by the same process as employed fortaking testimony in matters pending in the courts of this state.
1-12-116. Confidential communications between family violence andsexual assault advocate and victim.
(a) As used in this section:
(i) "Advocate" or "family violence or sexualassault advocate" means a person who is employed by or volunteers servicesto any family violence and sexual assault program, who is certified by theprogram as having undergone at least forty (40) hours of crisis advocacytraining and whose work is directed and supervised under a family violence andsexual assault program;
(ii) "Confidential communication" means informationtransmitted in confidence between a victim and an advocate in the course ofthat relationship and includes all information received by, and any report,working paper or document prepared by the advocate in the course of that relationship;
(iii) "Crisis services to victims of family violence andsexual assault" means emergency and follow-up intervention, information,referral services and medical, legal and social services advocacy;
(iv) "Family violence and sexual assault program" meansa program whose primary purpose is to offer shelter and crisis services tovictims of family violence and sexual assault through any community facility orcenter;
(v) "Shelter" means a place of temporary refuge,offered on a twenty-four (24) hour, seven (7) day per week basis to victims andtheir children;
(vi) "Victim" means a person who has been subjected tosexual assault as defined by W.S. 6-2-301(a)(v), incest as defined by W.S.6-4-402 or domestic abuse as defined by W.S. 35-21-102(a)(iii).
(b) Except as provided by W.S. 14-3-210, a person exempted fromtestifying under the provisions of W.S. 1-12-116 shall not be examined as awitness in any civil, criminal, legislative or administrative proceedingconcerning the following communications and information:
(i) An advocate shall not testify concerning a confidentialcommunication made by a victim in the course of that relationship, except theadvocate:
(A) May testify:
(I) With the express consent of the victim; or
(II) If the victim voluntarily testifies, provided theadvocate's testimony shall be limited to the same subject matter.
(B) May be compelled to testify if the victim is unable totestify due to death or incompetence.
(ii) Any employee of a family violence and sexual assaultprogram who has access to confidential communication shall not testify exceptin those circumstances where the advocate may testify.
ARTICLE 2 - DOCUMENTARY EVIDENCE GENERALLY
1-12-201. Copies of documents filed with interstate commerce or publicservice commissions.
Printedcopies of schedules, classifications and tariffs of rates, fares, charges,rules and regulations and supplements thereto, filed with the interstatecommerce commission or the public service commission, which show respectivelyan interstate commerce commission number and an effective date or a publicservice commission number and an effective date, may be received in evidencewithout certification and shall be presumed to be correct copies of theoriginals on file with the interstate commerce commission or on file with thepublic service commission.
ARTICLE 3 - JUDICIAL NOTICE OF FOREIGN LAW
1-12-301. Proof of laws of foreign jurisdictions.
Printedcopies of written law enacted by any other state, territory or foreigngovernment purporting or proved to have been published by the authoritythereof, or proved to be commonly admitted as evidence of the existing law inthe courts or tribunals of the state, territory or government shall be admittedby the courts and officers of this state on all occasions as prima facieevidence of the law. The unwritten or common law of any other state, territoryor foreign government may be proved by parol evidence and the books of reportsof cases adjudicated in their courts may also be admitted as prima facieevidence of the law.
1-12-302. Judicial notice required.
Everycourt of this state shall take judicial notice of the common law and statutesof every state, territory and other jurisdiction of the United States.
1-12-303. Manner of obtaining information.
Thecourt may inform itself of foreign laws in such manner as it deems proper, andthe court may call upon counsel to aid in obtaining such information.
1-12-304. Determination of foreign law; reviewability.
Thedetermination of foreign laws shall be made by the court and not by the jury,and is reviewable.
1-12-305. Reasonable notice to be given adverse party.
Anyparty may present to the trial court any admissible evidence of foreign laws,but to enable a party to offer evidence of the law in another jurisdiction orto ask that judicial notice be taken thereof, reasonable notice shall be givento the adverse parties in the pleadings or otherwise.
1-12-306. Laws of jurisdictions outside United States.
Thelaw of a jurisdiction other than a state, territory or jurisdiction of theUnited States, is an issue for the court but is not subject to the foregoingprovisions concerning judicial notice.
ARTICLE 4 - CAPTURED, MISSING OR DEAD PERSONS
1-12-401. Written finding of presumed death admissible as evidence.
1-12-402. Official report that person is missing or captured asevidence of person's condition.
Anofficial written report, record or certified copy thereof that a person ismissing, missing in action, interned in a neutral country, beleaguered,besieged, captured by an enemy or is dead or alive, made by any officer oremployee of the United States authorized by any law of the United States tomake the report or copy, shall be received in any court, office or other placein this state as evidence of the condition of that person.
1-12-403. Findings and reports and records deemed prima facie valid.
Forthe purposes of W.S. 1-12-401 and 1-12-402, any finding, report, record orcertified copy purporting to have been signed by an officer or employee of theUnited States shall be deemed prima facie to have been signed and issued by theofficer or employee pursuant to law, and the person signing shall be deemedprima facie to have acted within the scope of his authority. If a copy purportsto have been certified by a person authorized by law to certify the same, suchcertified copy shall be prima facie evidence of his authority.
ARTICLE 5 - PRESUMPTIONS
1-12-501. Survivorship upon simultaneous death.
(a) When two (2) persons perish in the same calamity and it isnot shown who died first and there are no particular circumstances from whichit can be inferred, survivorship is presumed from the probabilities resultingfrom the strength, age and sex, according to the following rules:
(i) If both of those who have perished were under the age offifteen (15) years, the older is presumed to have survived;
(ii) If both were of the age of sixty (60) years or older, theyounger is presumed to have survived;
(iii) If one is under fifteen (15) years of age and the other issixty (60) years of age or older, the former is presumed to have survived;
(iv) If both are fifteen (15) years of age or older and undersixty (60) years of age, and the sexes are different, the male is presumed tohave survived. If the sexes are the same, the older will be presumed to havesurvived;
(v) If one is under the age of fifteen (15) years or is sixty(60) years of age or older, and the other is between those ages, the latter is presumedto have survived.
1-12-502. Renumbered by Laws 1979, ch. 142, 3.
ARTICLE 6 - BURDEN OF PROOF
1-12-601. Injury by health care providers; burden of proof.
(a) In an action for injury alleging negligence by a healthcare provider the plaintiff shall have the burden of proving:
(i) If the defendant is certified by a national certificatingboard or association, that the defendant failed to act in accordance with thestandard of care adhered to by that national board or association; or
(ii) If the defendant is not so certified, that the defendantfailed to act in accordance with the standard of care adhered to by health careproviders in good standing performing similar health care services.
(b) In either paragraph (a)(i) or (ii) of this section,variations in theory of medical practice or localized circumstances regardingavailability of equipment, facilities or supplies may be shown to contraveneproof offered on the applicable standard of care.
(a) The following persons shall not testify in certainrespects:
(i) An attorney or a physician concerning a communication madeto him by his client or patient in that relation, or his advice to his clientor patient. The attorney or physician may testify by express consent of theclient or patient, and if the client or patient voluntarily testifies theattorney or physician may be compelled to testify on the same subject;
(ii) A clergyman or priest concerning a confession made to himin his professional character if enjoined by the church to which he belongs;
(iii) Husband or wife, except as provided in W.S. 1-12-104;
(iv) A person who assigns his claim or interest concerning anymatter in respect to which he would not be permitted to testify if a party;
(v) A person who, if a party, would be restricted in his evidenceunder W.S. 1-12-102 shall, where the property is sold or transferred by anexecutor, administrator, guardian, trustee, heir, devisee or legatee, berestricted in the same manner in any action or proceeding concerning theproperty;
(vi) A confidential intermediary, as defined in W.S.1-22-201(a)(viii), concerning communications made to him or informationobtained by him during the course of an investigation pursuant to W.S.1-22-203, when the public interests, in the judgment of the court, would sufferby the disclosure.
1-12-102. When party incapable of testifying.
Inan action or suit by or against a person who from any cause is incapable oftestifying, or by or against a trustee, executor, administrator, heir or otherrepresentative of the person incapable of testifying, no judgment or decreefounded on uncorroborated testimony shall be rendered in favor of a party whoseinterests are adverse to the person incapable of testifying or his trustee,executor, administrator, heir or other representative. In any such action orsuit, if the adverse party testifies, all entries, memorandum and declarationsby the party incapable of testifying made while he was capable, relevant to thematter in issue, may be received in evidence.
1-12-103. Compelling testimony of adverse parties in civil andcriminal actions.
Aparty may compel the adverse party to testify orally or by deposition as anyother witness, and no person is disqualified as a witness in any action, civilor criminal, because of his interest in the same as a party or otherwise. Everyperson is a competent witness except as otherwise provided by law, but hisinterest in the action may be shown to affect the credibility of the witness.Any party of record in a civil action, or any person for whose immediatebenefit the action is prosecuted or defended, or his assignor, officer, agentor employee or if a county or city is a party any officer of the county orcity, may be examined upon the trial of any action as if undercross-examination at the instance of the adverse party and may be compelled totestify subject to the same rules for examination as any other witness. Theparty calling for the examination is not concluded thereby and may rebut theevidence given by counter or impeaching testimony.
1-12-104. Husband and wife as witnesses in civil and criminal cases.
Nohusband or wife shall be a witness against the other except in criminalproceedings for a crime committed by one against the other, or in a civilaction or proceeding by one against the other. They may in all civil andcriminal cases be witnesses for each other the same as though the maritalrelation did not exist.
1-12-105. Right of witness to demand fees; failure to pay; paymentsnoted.
Afterthe case is called for trial and before a witness is sworn, he may demand histraveling fees and fees for one (1) day's attendance. If the fees are not paidhe is not obliged to testify. At the commencement of the trial each day afterthe first day he may demand his fees for that day's attendance and if the feesare not paid he shall not be compelled to remain. The clerk shall note thepayment of fees in the witness book.
1-12-106. Contempt of court by witness.
Disobedienceof a subpoena, refusal to be sworn except for refusal to pay fees on demand, orrefusal to answer as a witness or to subscribe a deposition when lawfullyordered, may be punished as a contempt of the court or officer who required theattendance or testimony of the witness.
1-12-107. Attachment of witness who disobeys subpoena.
Whena witness fails to attend in obedience to a subpoena, the court or officerbefore whom his attendance is required may issue an attachment to the sheriffof the county commanding him to arrest and bring the person named before thecourt at a time and place fixed in the attachment, to give his testimony andanswer for the contempt. If the attachment is not for immediately bringing thewitness before the court or officer, a sum may be fixed in which the witnessmay give bond with surety for his appearance. The sum shall be endorsed on theback of the attachment. If no sum is fixed and endorsed, it shall be onehundred dollars ($100.00). If the witness was not personally served, the courtmay order him to show cause why an attachment should not issue against him.
1-12-108. Punishment for contempt by witness.
(a) Punishment for the contempt mentioned in W.S. 1-12-106 isas follows:
(i) When the witness fails to attend in obedience to asubpoena, the court or officer may fine him not more than fifty dollars($50.00);
(ii) In other cases the court or officer may fine the witnessnot more than fifty dollars ($50.00) nor less than five dollars ($5.00), or mayimprison him in the county jail until he submits to be sworn, testifies or giveshis deposition.
(b) The fine imposed shall be paid into the county treasury.
(c) The witness is also liable to the party injured for anydamages occasioned by his failure to attend, his refusal to be sworn, totestify or give his deposition.
1-12-109. Discharge of imprisoned witness.
Uponapplication of a witness imprisoned by an officer, a judge of the supreme courtor district court may discharge him if it appears that his imprisonment isillegal.
1-12-110. Attachment for arrest or order of commitment; execution.
Everyattachment for the arrest or order of commitment to prison of a witness by acourt or officer must be under the seal of the court or officer, if the officerhas an official seal, and must specify particularly the cause of the arrest orcommitment. If the commitment is for a refusal to answer a question, thequestion must be stated in the order and the order of commitment directed tothe sheriff of the county where the witness resides or may be found at thattime. It shall be executed by committing the witness to the jail of the countyand delivering a copy of the order to the jailer.
1-12-111. Procuring testimony of imprisoned witness.
Whenit is necessary to procure testimony of a person confined in the statepenitentiary or any jail or reformatory, in the trial of any issue in anindictment or information, or in any hearing before a grand jury, the court mayorder a subpoena issued, directed to the warden of the state penitentiary orthe superintendent of the jail or reformatory commanding him to bring thewitness named in the subpoena before the court. The warden, superintendent orsheriff shall take the witness before the court at the time and place named inthe subpoena and hold him until he is discharged by the court. When dischargedhe shall be returned by the officer to the place of imprisonment from which hewas taken. The officer may command such assistance as he deems proper for thesafe transportation of the witness. When the witness is in attendance of anycourt he may be placed for safekeeping in the jail of the county. The county inwhich the offense was alleged to have been committed shall pay the actual andnecessary expenses of producing, keeping and returning the witness.
1-12-112. Taking of prisoner's deposition.
Whilea prisoner's deposition is being taken he shall remain in the custody of theofficer having charge of him. The officer shall afford reasonable facilitiesfor the taking of the deposition.
1-12-113. Immunity of witness obeying subpoena.
Awitness may not be served with a summons or sued in a county in which he doesnot reside while going, returning or attending in obedience to a subpoena.
1-12-114. Oath of witness.
Beforetestifying the witness shall be sworn to testify the truth, the whole truth andnothing but the truth.
1-12-115. Testimony for use in foreign jurisdiction.
Wheneverany mandate, writ or commission is issued from any court of record in anyforeign jurisdiction, or whenever upon notice or agreement it is required totake the testimony of a witness in this state, the witness may be compelled toappear and testify in the same manner and by the same process as employed fortaking testimony in matters pending in the courts of this state.
1-12-116. Confidential communications between family violence andsexual assault advocate and victim.
(a) As used in this section:
(i) "Advocate" or "family violence or sexualassault advocate" means a person who is employed by or volunteers servicesto any family violence and sexual assault program, who is certified by theprogram as having undergone at least forty (40) hours of crisis advocacytraining and whose work is directed and supervised under a family violence andsexual assault program;
(ii) "Confidential communication" means informationtransmitted in confidence between a victim and an advocate in the course ofthat relationship and includes all information received by, and any report,working paper or document prepared by the advocate in the course of that relationship;
(iii) "Crisis services to victims of family violence andsexual assault" means emergency and follow-up intervention, information,referral services and medical, legal and social services advocacy;
(iv) "Family violence and sexual assault program" meansa program whose primary purpose is to offer shelter and crisis services tovictims of family violence and sexual assault through any community facility orcenter;
(v) "Shelter" means a place of temporary refuge,offered on a twenty-four (24) hour, seven (7) day per week basis to victims andtheir children;
(vi) "Victim" means a person who has been subjected tosexual assault as defined by W.S. 6-2-301(a)(v), incest as defined by W.S.6-4-402 or domestic abuse as defined by W.S. 35-21-102(a)(iii).
(b) Except as provided by W.S. 14-3-210, a person exempted fromtestifying under the provisions of W.S. 1-12-116 shall not be examined as awitness in any civil, criminal, legislative or administrative proceedingconcerning the following communications and information:
(i) An advocate shall not testify concerning a confidentialcommunication made by a victim in the course of that relationship, except theadvocate:
(A) May testify:
(I) With the express consent of the victim; or
(II) If the victim voluntarily testifies, provided theadvocate's testimony shall be limited to the same subject matter.
(B) May be compelled to testify if the victim is unable totestify due to death or incompetence.
(ii) Any employee of a family violence and sexual assaultprogram who has access to confidential communication shall not testify exceptin those circumstances where the advocate may testify.
ARTICLE 2 - DOCUMENTARY EVIDENCE GENERALLY
1-12-201. Copies of documents filed with interstate commerce or publicservice commissions.
Printedcopies of schedules, classifications and tariffs of rates, fares, charges,rules and regulations and supplements thereto, filed with the interstatecommerce commission or the public service commission, which show respectivelyan interstate commerce commission number and an effective date or a publicservice commission number and an effective date, may be received in evidencewithout certification and shall be presumed to be correct copies of theoriginals on file with the interstate commerce commission or on file with thepublic service commission.
ARTICLE 3 - JUDICIAL NOTICE OF FOREIGN LAW
1-12-301. Proof of laws of foreign jurisdictions.
Printedcopies of written law enacted by any other state, territory or foreigngovernment purporting or proved to have been published by the authoritythereof, or proved to be commonly admitted as evidence of the existing law inthe courts or tribunals of the state, territory or government shall be admittedby the courts and officers of this state on all occasions as prima facieevidence of the law. The unwritten or common law of any other state, territoryor foreign government may be proved by parol evidence and the books of reportsof cases adjudicated in their courts may also be admitted as prima facieevidence of the law.
1-12-302. Judicial notice required.
Everycourt of this state shall take judicial notice of the common law and statutesof every state, territory and other jurisdiction of the United States.
1-12-303. Manner of obtaining information.
Thecourt may inform itself of foreign laws in such manner as it deems proper, andthe court may call upon counsel to aid in obtaining such information.
1-12-304. Determination of foreign law; reviewability.
Thedetermination of foreign laws shall be made by the court and not by the jury,and is reviewable.
1-12-305. Reasonable notice to be given adverse party.
Anyparty may present to the trial court any admissible evidence of foreign laws,but to enable a party to offer evidence of the law in another jurisdiction orto ask that judicial notice be taken thereof, reasonable notice shall be givento the adverse parties in the pleadings or otherwise.
1-12-306. Laws of jurisdictions outside United States.
Thelaw of a jurisdiction other than a state, territory or jurisdiction of theUnited States, is an issue for the court but is not subject to the foregoingprovisions concerning judicial notice.
ARTICLE 4 - CAPTURED, MISSING OR DEAD PERSONS
1-12-401. Written finding of presumed death admissible as evidence.
1-12-402. Official report that person is missing or captured asevidence of person's condition.
Anofficial written report, record or certified copy thereof that a person ismissing, missing in action, interned in a neutral country, beleaguered,besieged, captured by an enemy or is dead or alive, made by any officer oremployee of the United States authorized by any law of the United States tomake the report or copy, shall be received in any court, office or other placein this state as evidence of the condition of that person.
1-12-403. Findings and reports and records deemed prima facie valid.
Forthe purposes of W.S. 1-12-401 and 1-12-402, any finding, report, record orcertified copy purporting to have been signed by an officer or employee of theUnited States shall be deemed prima facie to have been signed and issued by theofficer or employee pursuant to law, and the person signing shall be deemedprima facie to have acted within the scope of his authority. If a copy purportsto have been certified by a person authorized by law to certify the same, suchcertified copy shall be prima facie evidence of his authority.
ARTICLE 5 - PRESUMPTIONS
1-12-501. Survivorship upon simultaneous death.
(a) When two (2) persons perish in the same calamity and it isnot shown who died first and there are no particular circumstances from whichit can be inferred, survivorship is presumed from the probabilities resultingfrom the strength, age and sex, according to the following rules:
(i) If both of those who have perished were under the age offifteen (15) years, the older is presumed to have survived;
(ii) If both were of the age of sixty (60) years or older, theyounger is presumed to have survived;
(iii) If one is under fifteen (15) years of age and the other issixty (60) years of age or older, the former is presumed to have survived;
(iv) If both are fifteen (15) years of age or older and undersixty (60) years of age, and the sexes are different, the male is presumed tohave survived. If the sexes are the same, the older will be presumed to havesurvived;
(v) If one is under the age of fifteen (15) years or is sixty(60) years of age or older, and the other is between those ages, the latter is presumedto have survived.
1-12-502. Renumbered by Laws 1979, ch. 142, 3.
ARTICLE 6 - BURDEN OF PROOF
1-12-601. Injury by health care providers; burden of proof.
(a) In an action for injury alleging negligence by a healthcare provider the plaintiff shall have the burden of proving:
(i) If the defendant is certified by a national certificatingboard or association, that the defendant failed to act in accordance with thestandard of care adhered to by that national board or association; or
(ii) If the defendant is not so certified, that the defendantfailed to act in accordance with the standard of care adhered to by health careproviders in good standing performing similar health care services.
(b) In either paragraph (a)(i) or (ii) of this section,variations in theory of medical practice or localized circumstances regardingavailability of equipment, facilities or supplies may be shown to contraveneproof offered on the applicable standard of care.
