Theterm folio as used in this act means one hundred (100) words. Four (4) figuresshall be counted as one (1) word.
1-14-102. Witness fees; fees for expert witnesses in civil andcriminal cases.
(a) Witnesses are entitled to receive the following minimumfees:
(i) For attending before any court or grand jury, or before anyjudge, referee or commissioner, ten dollars ($10.00) per day, and five dollars($5.00) for half a day; and
(ii) Repealed By Laws 2004, Chapter 42, 2.
(iii) Mileage at the rate set in W.S. 9-3-103 for each mileactually and necessarily traveled in going to and returning from place ofattendance.
(b) In any civil or criminal case, any party may call expertwitnesses to testify and if the court finds any witness to be a qualifiedexpert and the expert gives expert testimony which is admitted as evidence inthe case, the expert witness shall be allowed witness fees of twenty-fivedollars ($25.00) per day or such other amount as the court allows according tothe circumstances of the case. Expert witness fees may be charged as costsagainst any party or be apportioned among some or all parties in the discretionof the court.
1-14-103. Witness or juror to receive only single fee.
Nowitness shall receive fees or mileage in more than one (1) case covering thesame period of time or the same travel. Each witness shall make affidavit thatthe fees and mileage claimed have not been claimed or received in any othercase. No juror shall receive pay as a witness while serving as a juror.
1-14-104. Physician testifying as expert or performing postmortem orautopsy; fees.
Anyphysician or surgeon shall receive a reasonable fee as determined by thecoroner when testifying as an expert before a coroner or other officer for eachhalf day or portion thereof, and when conducting a postmortem examination orautopsy.
1-14-105. Physician testifying as expert or performing postmortem orautopsy; postmortem fee certificate; exceptions.
Thecoroner or other officer who has ordered a postmortem examination shall issueto the physician or surgeon a certificate for the fees provided, which shall bepaid by the board of county commissioners by issuing a county warrant on thetreasurer of the county in which the services were rendered in the amount ofthe certificate. W.S. 1-14-104 and 1-14-105 do not apply in the case of any physicianregularly employed by the county.
1-14-106. Payment of fees in criminal cases.
Incriminal cases where the fees prescribed are not paid by the defendant or theprosecuting witness, they shall be paid to the party entitled thereto by thepublic defender's office, if subpoenaed by a defendant represented by thepublic defender, otherwise by the county.
1-14-107. Record of attendance and fees of jurors and witnesses.
Theclerk of the district court shall keep a record of the attendance and fees ofjurors and witnesses at each term of court when claimed during the term and forwhich the county is liable.
1-14-108. Statement of attendance of jurors and witnesses in criminalcases.
Withinten (10) days after the close of each term of a court of record, the clerkshall return to the county commissioners a statement of the attendance ofjurors and witnesses at such term and their mileage as taken by him in allcriminal cases for which the county is liable.
1-14-109. Repealed by Laws 2009, Ch. 168, 207.
1-14-110. Only actual mileage allowed for service; liability for falsestatement.
Ifany officer or other person who is allowed mileage for any services renderedreceives at the same time more than one (1) writ or process to serve, orauthority to render more than one (1) service at the same place, he is onlyentitled to mileage for the actual number of miles traveled, allowing a fullmile from place to place for every person served or every service renderedduring the same journey. His return or claim for mileage shall show the actualnumber of miles necessarily traveled from the place where he received hisauthority to the place where the actual service was made or rendered. Shouldany false statement for mileage be proved, then no mileage shall be allowed forany services performed by virtue of the authority, writ or process by whichsuch services were rendered and the maker of the false statement is liable tocriminal process.
1-14-111. Witness or juror entitled to but single day's service formultiple criminal cases and on grand juries.
Ifa witness or juror is summoned to serve in more than one (1) criminal case inthe same court on the same day, the witness or juror is entitled to but one (1)day's service, which shall be taxed as costs in the first case. The officerswearing the witness or juror shall keep a proper account of the fees in orderthat not more than one (1) payment is made under such circumstances. This alsoapplies to grand juries and witnesses before grand juries.
1-14-112. Court officers not allowed witness fees.
Anofficer whose duty it is to be in constant attendance upon any court and who issworn as a witness in a case then pending in that court, is not entitled towitness fees in the case.
1-14-113. Officer's fees to be posted; penalty.
Eachofficer herein named shall post a list of his fees in his office in aconspicuous place. For failure to do so he shall pay three dollars ($3.00) perday for each day of failure, which may be recovered by the county in a civilaction.
1-14-114. Officer's return to show his fees.
Anofficer serving any process or order is not entitled to fees for service unlesshe returns on the process the amount of his fees and the items thereof.
1-14-115. Right to receive certified bill of costs or fees.
Anyperson liable for any costs or fees is entitled to receive on demand acertified bill of the same, in which the items of service and the chargestherefor are stated.
1-14-116. Repealed By Laws 2004, Chapter 42, 2.
1-14-117. Disposition of costs collected.
Everysheriff and other officer collecting costs on execution, after retaining theamount of his own fees shall pay the residue of the collected costs to theclerk of the court which issued the execution and take a receipt therefor.
1-14-118. Payment of fees and compensation.
Allfees provided for by law when due from any party other than the state or thecounty are payable in advance to the person entitled to them. All fees andcompensation due any person from the county are payable once every three (3)months by warrants drawn upon the county treasury in the manner provided bylaw, unless herein otherwise provided.
1-14-119. Nonresidents and partnerships suing in company name tofurnish security; requirements.
Ifa nonresident of the state or a partnership suing in its company name brings anaction, the plaintiff must furnish sufficient security for costs approved bythe clerk. A surety's obligations are complete by his endorsing the summons orcomplaint. The surety is bound for the payment of all costs adjudged or taxedagainst the plaintiff in the court in which the action is brought or in anyother court to which it may be carried, whether he obtains judgment or not. Thenonresident plaintiff may deposit with the clerk of court as security for costsin the case such sum of money as the clerk deems sufficient for the purpose.Upon motion of the defendant, the court may require the deposit to beincreased, that personal security be given or that the nonresident plaintiffpay all costs as fast as they accrue.
1-14-120. Nonresidents and partnerships suing in company name tofurnish security; failure to give security.
Ifsecurity for costs is not given as required by W.S. 1-14-119 or if the costsare not paid, the court shall at any time before the commencement of the trial,on motion of the defendant and notice to the plaintiff, dismiss the actionunless within a reasonable time allowed by the court security is given.
1-14-121. Nonresident and partnership suing in company name to furnishsecurity; when plaintiff becomes nonresident of county.
Ifthe plaintiff becomes a nonresident of the county in which the action isbrought during its pendency, he may be compelled to give security in the mannerstated in W.S. 1-14-119 and 1-14-120.
1-14-122. Additional security upon motion of defendant.
Inan action in which security for costs has been given, the defendant may at anytime before the commencement of the trial, after reasonable notice to theplaintiff, move the court for additional security. If on the motion the courtis satisfied that the surety has moved from this state or the security is notsufficient the action may be dismissed unless in a reasonable time fixed by thecourt sufficient security is given.
1-14-123. Judgment against surety for costs; execution.
Afterfinal judgment in an action in which security for costs is given, the court mayon motion of the defendant or a person having a right to costs, after ten (10)days notice of the motion, render judgment in the name of the movant againstthe surety, his executors or administrators, for the costs adjudged against theplaintiff. Execution may be issued on the judgment as in other cases for theuse and benefit of the person entitled to the costs.
1-14-124. Costs allowed for recovery of money or property.
Costsshall be allowed to the plaintiff upon a judgment in his favor in an action forthe recovery of money only or for the recovery of specific real or personalproperty, unless otherwise provided by law.
1-14-125. When costs not recoverable by plaintiff.
Whenthe judgment is less than one hundred dollars ($100.00), unless the recovery isreduced below that sum by counterclaim or setoff, each party shall pay his owncosts. When the damage assessed is under five dollars ($5.00), the plaintiffshall not recover costs in any action for libel, slander, maliciousprosecution, assault, assault and battery, false imprisonment or nuisance.
1-14-126. Costs in discretion of court.
(a) In other actions the court may award and tax costs andapportion them between the parties on the same or adverse sides as it deemsright and equitable. When a civil case is settled too late for the clerk ofcourt to advise the jury panel that the jurors should not appear on the datesummoned the court may order that any or all parties reimburse the proper fundfor the fees and mileage paid to the jurors and bailiffs for their appearance.
(b) In civil actions for which an award of attorney's fees isauthorized, the court in its discretion may award reasonable attorney's fees tothe prevailing party without requiring expert testimony. In exercising itsdiscretion the court may consider the following factors:
(i) The time and labor required, the novelty and difficulty ofthe questions involved, and the skill requisite to perform the legal serviceproperly;
(ii) The likelihood that the acceptance of the particularemployment precluded other employment by the lawyer;
(iii) The fee customarily charged in the locality for similarlegal services;
(iv) The amount involved and the results obtained;
(v) The time limitations imposed by the client or by thecircumstances;
(vi) The nature and length of the professional relationship withthe client;
(vii) The experience, reputation and ability of the lawyer orlawyers performing the services; and
(viii) Whether the fee is fixed or contingent.
1-14-127. Recovery of costs when several actions brought on sameinstrument.
Whenseveral actions are brought on one (1) instrument in writing against severalparties who might have been joined as defendants in the same action, no costsshall be recovered by the plaintiff in more than one (1) of the actions if theparties proceeded against in the other action were openly within the state atthe commencement of the previous action.
Theterm folio as used in this act means one hundred (100) words. Four (4) figuresshall be counted as one (1) word.
1-14-102. Witness fees; fees for expert witnesses in civil andcriminal cases.
(a) Witnesses are entitled to receive the following minimumfees:
(i) For attending before any court or grand jury, or before anyjudge, referee or commissioner, ten dollars ($10.00) per day, and five dollars($5.00) for half a day; and
(ii) Repealed By Laws 2004, Chapter 42, 2.
(iii) Mileage at the rate set in W.S. 9-3-103 for each mileactually and necessarily traveled in going to and returning from place ofattendance.
(b) In any civil or criminal case, any party may call expertwitnesses to testify and if the court finds any witness to be a qualifiedexpert and the expert gives expert testimony which is admitted as evidence inthe case, the expert witness shall be allowed witness fees of twenty-fivedollars ($25.00) per day or such other amount as the court allows according tothe circumstances of the case. Expert witness fees may be charged as costsagainst any party or be apportioned among some or all parties in the discretionof the court.
1-14-103. Witness or juror to receive only single fee.
Nowitness shall receive fees or mileage in more than one (1) case covering thesame period of time or the same travel. Each witness shall make affidavit thatthe fees and mileage claimed have not been claimed or received in any othercase. No juror shall receive pay as a witness while serving as a juror.
1-14-104. Physician testifying as expert or performing postmortem orautopsy; fees.
Anyphysician or surgeon shall receive a reasonable fee as determined by thecoroner when testifying as an expert before a coroner or other officer for eachhalf day or portion thereof, and when conducting a postmortem examination orautopsy.
1-14-105. Physician testifying as expert or performing postmortem orautopsy; postmortem fee certificate; exceptions.
Thecoroner or other officer who has ordered a postmortem examination shall issueto the physician or surgeon a certificate for the fees provided, which shall bepaid by the board of county commissioners by issuing a county warrant on thetreasurer of the county in which the services were rendered in the amount ofthe certificate. W.S. 1-14-104 and 1-14-105 do not apply in the case of any physicianregularly employed by the county.
1-14-106. Payment of fees in criminal cases.
Incriminal cases where the fees prescribed are not paid by the defendant or theprosecuting witness, they shall be paid to the party entitled thereto by thepublic defender's office, if subpoenaed by a defendant represented by thepublic defender, otherwise by the county.
1-14-107. Record of attendance and fees of jurors and witnesses.
Theclerk of the district court shall keep a record of the attendance and fees ofjurors and witnesses at each term of court when claimed during the term and forwhich the county is liable.
1-14-108. Statement of attendance of jurors and witnesses in criminalcases.
Withinten (10) days after the close of each term of a court of record, the clerkshall return to the county commissioners a statement of the attendance ofjurors and witnesses at such term and their mileage as taken by him in allcriminal cases for which the county is liable.
1-14-109. Repealed by Laws 2009, Ch. 168, 207.
1-14-110. Only actual mileage allowed for service; liability for falsestatement.
Ifany officer or other person who is allowed mileage for any services renderedreceives at the same time more than one (1) writ or process to serve, orauthority to render more than one (1) service at the same place, he is onlyentitled to mileage for the actual number of miles traveled, allowing a fullmile from place to place for every person served or every service renderedduring the same journey. His return or claim for mileage shall show the actualnumber of miles necessarily traveled from the place where he received hisauthority to the place where the actual service was made or rendered. Shouldany false statement for mileage be proved, then no mileage shall be allowed forany services performed by virtue of the authority, writ or process by whichsuch services were rendered and the maker of the false statement is liable tocriminal process.
1-14-111. Witness or juror entitled to but single day's service formultiple criminal cases and on grand juries.
Ifa witness or juror is summoned to serve in more than one (1) criminal case inthe same court on the same day, the witness or juror is entitled to but one (1)day's service, which shall be taxed as costs in the first case. The officerswearing the witness or juror shall keep a proper account of the fees in orderthat not more than one (1) payment is made under such circumstances. This alsoapplies to grand juries and witnesses before grand juries.
1-14-112. Court officers not allowed witness fees.
Anofficer whose duty it is to be in constant attendance upon any court and who issworn as a witness in a case then pending in that court, is not entitled towitness fees in the case.
1-14-113. Officer's fees to be posted; penalty.
Eachofficer herein named shall post a list of his fees in his office in aconspicuous place. For failure to do so he shall pay three dollars ($3.00) perday for each day of failure, which may be recovered by the county in a civilaction.
1-14-114. Officer's return to show his fees.
Anofficer serving any process or order is not entitled to fees for service unlesshe returns on the process the amount of his fees and the items thereof.
1-14-115. Right to receive certified bill of costs or fees.
Anyperson liable for any costs or fees is entitled to receive on demand acertified bill of the same, in which the items of service and the chargestherefor are stated.
1-14-116. Repealed By Laws 2004, Chapter 42, 2.
1-14-117. Disposition of costs collected.
Everysheriff and other officer collecting costs on execution, after retaining theamount of his own fees shall pay the residue of the collected costs to theclerk of the court which issued the execution and take a receipt therefor.
1-14-118. Payment of fees and compensation.
Allfees provided for by law when due from any party other than the state or thecounty are payable in advance to the person entitled to them. All fees andcompensation due any person from the county are payable once every three (3)months by warrants drawn upon the county treasury in the manner provided bylaw, unless herein otherwise provided.
1-14-119. Nonresidents and partnerships suing in company name tofurnish security; requirements.
Ifa nonresident of the state or a partnership suing in its company name brings anaction, the plaintiff must furnish sufficient security for costs approved bythe clerk. A surety's obligations are complete by his endorsing the summons orcomplaint. The surety is bound for the payment of all costs adjudged or taxedagainst the plaintiff in the court in which the action is brought or in anyother court to which it may be carried, whether he obtains judgment or not. Thenonresident plaintiff may deposit with the clerk of court as security for costsin the case such sum of money as the clerk deems sufficient for the purpose.Upon motion of the defendant, the court may require the deposit to beincreased, that personal security be given or that the nonresident plaintiffpay all costs as fast as they accrue.
1-14-120. Nonresidents and partnerships suing in company name tofurnish security; failure to give security.
Ifsecurity for costs is not given as required by W.S. 1-14-119 or if the costsare not paid, the court shall at any time before the commencement of the trial,on motion of the defendant and notice to the plaintiff, dismiss the actionunless within a reasonable time allowed by the court security is given.
1-14-121. Nonresident and partnership suing in company name to furnishsecurity; when plaintiff becomes nonresident of county.
Ifthe plaintiff becomes a nonresident of the county in which the action isbrought during its pendency, he may be compelled to give security in the mannerstated in W.S. 1-14-119 and 1-14-120.
1-14-122. Additional security upon motion of defendant.
Inan action in which security for costs has been given, the defendant may at anytime before the commencement of the trial, after reasonable notice to theplaintiff, move the court for additional security. If on the motion the courtis satisfied that the surety has moved from this state or the security is notsufficient the action may be dismissed unless in a reasonable time fixed by thecourt sufficient security is given.
1-14-123. Judgment against surety for costs; execution.
Afterfinal judgment in an action in which security for costs is given, the court mayon motion of the defendant or a person having a right to costs, after ten (10)days notice of the motion, render judgment in the name of the movant againstthe surety, his executors or administrators, for the costs adjudged against theplaintiff. Execution may be issued on the judgment as in other cases for theuse and benefit of the person entitled to the costs.
1-14-124. Costs allowed for recovery of money or property.
Costsshall be allowed to the plaintiff upon a judgment in his favor in an action forthe recovery of money only or for the recovery of specific real or personalproperty, unless otherwise provided by law.
1-14-125. When costs not recoverable by plaintiff.
Whenthe judgment is less than one hundred dollars ($100.00), unless the recovery isreduced below that sum by counterclaim or setoff, each party shall pay his owncosts. When the damage assessed is under five dollars ($5.00), the plaintiffshall not recover costs in any action for libel, slander, maliciousprosecution, assault, assault and battery, false imprisonment or nuisance.
1-14-126. Costs in discretion of court.
(a) In other actions the court may award and tax costs andapportion them between the parties on the same or adverse sides as it deemsright and equitable. When a civil case is settled too late for the clerk ofcourt to advise the jury panel that the jurors should not appear on the datesummoned the court may order that any or all parties reimburse the proper fundfor the fees and mileage paid to the jurors and bailiffs for their appearance.
(b) In civil actions for which an award of attorney's fees isauthorized, the court in its discretion may award reasonable attorney's fees tothe prevailing party without requiring expert testimony. In exercising itsdiscretion the court may consider the following factors:
(i) The time and labor required, the novelty and difficulty ofthe questions involved, and the skill requisite to perform the legal serviceproperly;
(ii) The likelihood that the acceptance of the particularemployment precluded other employment by the lawyer;
(iii) The fee customarily charged in the locality for similarlegal services;
(iv) The amount involved and the results obtained;
(v) The time limitations imposed by the client or by thecircumstances;
(vi) The nature and length of the professional relationship withthe client;
(vii) The experience, reputation and ability of the lawyer orlawyers performing the services; and
(viii) Whether the fee is fixed or contingent.
1-14-127. Recovery of costs when several actions brought on sameinstrument.
Whenseveral actions are brought on one (1) instrument in writing against severalparties who might have been joined as defendants in the same action, no costsshall be recovered by the plaintiff in more than one (1) of the actions if theparties proceeded against in the other action were openly within the state atthe commencement of the previous action.
Theterm folio as used in this act means one hundred (100) words. Four (4) figuresshall be counted as one (1) word.
1-14-102. Witness fees; fees for expert witnesses in civil andcriminal cases.
(a) Witnesses are entitled to receive the following minimumfees:
(i) For attending before any court or grand jury, or before anyjudge, referee or commissioner, ten dollars ($10.00) per day, and five dollars($5.00) for half a day; and
(ii) Repealed By Laws 2004, Chapter 42, 2.
(iii) Mileage at the rate set in W.S. 9-3-103 for each mileactually and necessarily traveled in going to and returning from place ofattendance.
(b) In any civil or criminal case, any party may call expertwitnesses to testify and if the court finds any witness to be a qualifiedexpert and the expert gives expert testimony which is admitted as evidence inthe case, the expert witness shall be allowed witness fees of twenty-fivedollars ($25.00) per day or such other amount as the court allows according tothe circumstances of the case. Expert witness fees may be charged as costsagainst any party or be apportioned among some or all parties in the discretionof the court.
1-14-103. Witness or juror to receive only single fee.
Nowitness shall receive fees or mileage in more than one (1) case covering thesame period of time or the same travel. Each witness shall make affidavit thatthe fees and mileage claimed have not been claimed or received in any othercase. No juror shall receive pay as a witness while serving as a juror.
1-14-104. Physician testifying as expert or performing postmortem orautopsy; fees.
Anyphysician or surgeon shall receive a reasonable fee as determined by thecoroner when testifying as an expert before a coroner or other officer for eachhalf day or portion thereof, and when conducting a postmortem examination orautopsy.
1-14-105. Physician testifying as expert or performing postmortem orautopsy; postmortem fee certificate; exceptions.
Thecoroner or other officer who has ordered a postmortem examination shall issueto the physician or surgeon a certificate for the fees provided, which shall bepaid by the board of county commissioners by issuing a county warrant on thetreasurer of the county in which the services were rendered in the amount ofthe certificate. W.S. 1-14-104 and 1-14-105 do not apply in the case of any physicianregularly employed by the county.
1-14-106. Payment of fees in criminal cases.
Incriminal cases where the fees prescribed are not paid by the defendant or theprosecuting witness, they shall be paid to the party entitled thereto by thepublic defender's office, if subpoenaed by a defendant represented by thepublic defender, otherwise by the county.
1-14-107. Record of attendance and fees of jurors and witnesses.
Theclerk of the district court shall keep a record of the attendance and fees ofjurors and witnesses at each term of court when claimed during the term and forwhich the county is liable.
1-14-108. Statement of attendance of jurors and witnesses in criminalcases.
Withinten (10) days after the close of each term of a court of record, the clerkshall return to the county commissioners a statement of the attendance ofjurors and witnesses at such term and their mileage as taken by him in allcriminal cases for which the county is liable.
1-14-109. Repealed by Laws 2009, Ch. 168, 207.
1-14-110. Only actual mileage allowed for service; liability for falsestatement.
Ifany officer or other person who is allowed mileage for any services renderedreceives at the same time more than one (1) writ or process to serve, orauthority to render more than one (1) service at the same place, he is onlyentitled to mileage for the actual number of miles traveled, allowing a fullmile from place to place for every person served or every service renderedduring the same journey. His return or claim for mileage shall show the actualnumber of miles necessarily traveled from the place where he received hisauthority to the place where the actual service was made or rendered. Shouldany false statement for mileage be proved, then no mileage shall be allowed forany services performed by virtue of the authority, writ or process by whichsuch services were rendered and the maker of the false statement is liable tocriminal process.
1-14-111. Witness or juror entitled to but single day's service formultiple criminal cases and on grand juries.
Ifa witness or juror is summoned to serve in more than one (1) criminal case inthe same court on the same day, the witness or juror is entitled to but one (1)day's service, which shall be taxed as costs in the first case. The officerswearing the witness or juror shall keep a proper account of the fees in orderthat not more than one (1) payment is made under such circumstances. This alsoapplies to grand juries and witnesses before grand juries.
1-14-112. Court officers not allowed witness fees.
Anofficer whose duty it is to be in constant attendance upon any court and who issworn as a witness in a case then pending in that court, is not entitled towitness fees in the case.
1-14-113. Officer's fees to be posted; penalty.
Eachofficer herein named shall post a list of his fees in his office in aconspicuous place. For failure to do so he shall pay three dollars ($3.00) perday for each day of failure, which may be recovered by the county in a civilaction.
1-14-114. Officer's return to show his fees.
Anofficer serving any process or order is not entitled to fees for service unlesshe returns on the process the amount of his fees and the items thereof.
1-14-115. Right to receive certified bill of costs or fees.
Anyperson liable for any costs or fees is entitled to receive on demand acertified bill of the same, in which the items of service and the chargestherefor are stated.
1-14-116. Repealed By Laws 2004, Chapter 42, 2.
1-14-117. Disposition of costs collected.
Everysheriff and other officer collecting costs on execution, after retaining theamount of his own fees shall pay the residue of the collected costs to theclerk of the court which issued the execution and take a receipt therefor.
1-14-118. Payment of fees and compensation.
Allfees provided for by law when due from any party other than the state or thecounty are payable in advance to the person entitled to them. All fees andcompensation due any person from the county are payable once every three (3)months by warrants drawn upon the county treasury in the manner provided bylaw, unless herein otherwise provided.
1-14-119. Nonresidents and partnerships suing in company name tofurnish security; requirements.
Ifa nonresident of the state or a partnership suing in its company name brings anaction, the plaintiff must furnish sufficient security for costs approved bythe clerk. A surety's obligations are complete by his endorsing the summons orcomplaint. The surety is bound for the payment of all costs adjudged or taxedagainst the plaintiff in the court in which the action is brought or in anyother court to which it may be carried, whether he obtains judgment or not. Thenonresident plaintiff may deposit with the clerk of court as security for costsin the case such sum of money as the clerk deems sufficient for the purpose.Upon motion of the defendant, the court may require the deposit to beincreased, that personal security be given or that the nonresident plaintiffpay all costs as fast as they accrue.
1-14-120. Nonresidents and partnerships suing in company name tofurnish security; failure to give security.
Ifsecurity for costs is not given as required by W.S. 1-14-119 or if the costsare not paid, the court shall at any time before the commencement of the trial,on motion of the defendant and notice to the plaintiff, dismiss the actionunless within a reasonable time allowed by the court security is given.
1-14-121. Nonresident and partnership suing in company name to furnishsecurity; when plaintiff becomes nonresident of county.
Ifthe plaintiff becomes a nonresident of the county in which the action isbrought during its pendency, he may be compelled to give security in the mannerstated in W.S. 1-14-119 and 1-14-120.
1-14-122. Additional security upon motion of defendant.
Inan action in which security for costs has been given, the defendant may at anytime before the commencement of the trial, after reasonable notice to theplaintiff, move the court for additional security. If on the motion the courtis satisfied that the surety has moved from this state or the security is notsufficient the action may be dismissed unless in a reasonable time fixed by thecourt sufficient security is given.
1-14-123. Judgment against surety for costs; execution.
Afterfinal judgment in an action in which security for costs is given, the court mayon motion of the defendant or a person having a right to costs, after ten (10)days notice of the motion, render judgment in the name of the movant againstthe surety, his executors or administrators, for the costs adjudged against theplaintiff. Execution may be issued on the judgment as in other cases for theuse and benefit of the person entitled to the costs.
1-14-124. Costs allowed for recovery of money or property.
Costsshall be allowed to the plaintiff upon a judgment in his favor in an action forthe recovery of money only or for the recovery of specific real or personalproperty, unless otherwise provided by law.
1-14-125. When costs not recoverable by plaintiff.
Whenthe judgment is less than one hundred dollars ($100.00), unless the recovery isreduced below that sum by counterclaim or setoff, each party shall pay his owncosts. When the damage assessed is under five dollars ($5.00), the plaintiffshall not recover costs in any action for libel, slander, maliciousprosecution, assault, assault and battery, false imprisonment or nuisance.
1-14-126. Costs in discretion of court.
(a) In other actions the court may award and tax costs andapportion them between the parties on the same or adverse sides as it deemsright and equitable. When a civil case is settled too late for the clerk ofcourt to advise the jury panel that the jurors should not appear on the datesummoned the court may order that any or all parties reimburse the proper fundfor the fees and mileage paid to the jurors and bailiffs for their appearance.
(b) In civil actions for which an award of attorney's fees isauthorized, the court in its discretion may award reasonable attorney's fees tothe prevailing party without requiring expert testimony. In exercising itsdiscretion the court may consider the following factors:
(i) The time and labor required, the novelty and difficulty ofthe questions involved, and the skill requisite to perform the legal serviceproperly;
(ii) The likelihood that the acceptance of the particularemployment precluded other employment by the lawyer;
(iii) The fee customarily charged in the locality for similarlegal services;
(iv) The amount involved and the results obtained;
(v) The time limitations imposed by the client or by thecircumstances;
(vi) The nature and length of the professional relationship withthe client;
(vii) The experience, reputation and ability of the lawyer orlawyers performing the services; and
(viii) Whether the fee is fixed or contingent.
1-14-127. Recovery of costs when several actions brought on sameinstrument.
Whenseveral actions are brought on one (1) instrument in writing against severalparties who might have been joined as defendants in the same action, no costsshall be recovered by the plaintiff in more than one (1) of the actions if theparties proceeded against in the other action were openly within the state atthe commencement of the previous action.
