State Codes and Statutes

Statutes > Wyoming > Title1 > Chapter11

CHAPTER 11 - TRIAL BY JURY

 

ARTICLE 1 - QUALIFICATIONS, SELECTION AND EMPANELING OF JURIES

 

1-11-101. Qualifications of juror.

 

(a) A person is competent to act as juror if he is:

 

(i) An adult citizen of the United States who has been aresident of the state and of the county ninety (90) days before being selectedand returned;

 

(ii) In possession of his natural faculties, of ordinaryintelligence and without mental or physical infirmity preventing satisfactoryjury service;

 

(iii) Possessed of sufficient knowledge of the English language.

 

(b) No citizen shall be excluded from service as a juror onaccount of race, color, religion, sex, age, national origin or economic status.

 

1-11-102. Convicted felon disqualified.

 

Aperson who has been convicted of any felony is disqualified to act as a jurorunless his conviction is reversed or annulled, he receives a pardon or hisrights are restored pursuant to W.S. 7-13-105(a).

 

1-11-103. Persons exempt as juror; duty to discharge.

 

(a) A person is exempt from liability to act as juror if thecourt finds that the provisions of W.S. 1-11-104 apply or for any othercompelling reasons or if a person is:

 

(i) A salaried and active member of an organized firedepartment or an active member of a police department of a city, town or lawenforcement agency of the county or state; or

 

(ii) An elected public official.

 

(b) The court shall discharge a person from serving as a trialjuror if it satisfactorily appears that the person is not competent or theperson is exempt and specifically claims the benefit of the exemption.

 

1-11-104. Causes for excusal.

 

Ajuror may not be excused for a trivial cause or for hardship or inconvenienceto his business, but only when material injury or destruction to his propertyor property entrusted to him is threatened, or when his health or the sicknessor death of a member of his family requires his absence. A person may beexcused at his request if he is over seventy-two (72) years of age. A personmay be excused from jury duty when the care of that person's young childrenrequires his absence. Any person who has served on a jury shall, upon request,be excused from further jury service in that court for the remainder of thatjury term and in the discretion of the court may be excused from jury servicefor the following jury term.

 

1-11-105. Exemption affidavit required; failure to file.

 

Ifa person exempt from jury duty is summoned as a juror, he may file hisaffidavit with the clerk of the court for which he is summoned stating hisoffice, occupation or employment. The affidavit must be delivered by the clerkto the judge of the court where the person is summoned, and if sufficient insubstance, must be received as evidence of his right to exemption and as anexcuse for nonattendance in person. The affidavit must then be filed by theclerk. Failure of any person who is exempt to file the affidavit is a waiver ofhis exemption, and he is required to appear upon the day for which the jury issummoned and serve as a juror the same as if he were not entitled to exemption.

 

1-11-106. Jury list; preparation of ballots for jury box; drawing jurypanel; certificate and summons.

 

(a) The list of persons qualified to serve as trial jurors,compiled pursuant to W.S. 1-11-129, is the base jury list for the districtcourt and the circuit court from April 1 of the year in which the list iscertified and delivered through March 31 of the following year. By order ofthe district judge or circuit judge, for their respective courts, the base jurylist may be expanded by including some other source or sources of names inaddition to voter lists. After the list is delivered and supplemented whenapplicable, suitable ballots shall be prepared and deposited in a box known asand plainly marked "jury box number one". Upon order of the court,the clerk of the district court, sheriff and county treasurer shall draw fromjury box number one a panel of trial jurors, which shall contain such number ofnames as specified by the court.

 

(b) The clerk shall prepare a certificate containing the namesconstituting the panel of trial jurors, and summon them to appear in court fora trial whenever ordered by the court.

 

1-11-107. Depositing new ballots in jury box.

 

Beforedepositing new ballots in any jury box the clerk shall destroy each old ballotremaining in the box and remove all contents therefrom.

 

1-11-108. Jury panel in circuit courts; functions, powers and dutiesof judges thereof.

 

(a) The names in jury box number one in the office of the clerkof the district court is the panel of trial jurors in all circuit courts.

 

(b) In conducting jury trials, judges of the circuit courtsshall exercise and perform the same functions, powers and duties as areprescribed for both the judge and the clerk of the district court in W.S.1-11-101 through 1-11-401, insofar as practicable.

 

(c) Repealed by Laws 1983, ch. 138, 3.

 

1-11-109. Procedure for drawing jury; contents of certificate;summons.

 

(a) The clerk shall shake the box containing the names of theregular jurors so as to mix the ballots therein as well as possible. He shallthen draw from the box as many ballots as are ordered by the court.

 

(b) The name on each ballot drawn shall be entered in theminutes of the court.

 

(c) If the name of any person is drawn who is not competent toserve as a trial juror, and the incompetence shall be made to appear to thesatisfaction of the court, the name of the person shall be stricken from thejury list, the ballot containing the name shall be destroyed, and such factshall be entered in the minutes of the court.

 

(d) When the necessary number of jurors has been drawn, theclerk shall make and certify a list of the names drawn. The certificate shallstate:

 

(i) The date of the court order for the drawing;

 

(ii) The date of the drawing;

 

(iii) The number of jurors drawn;

 

(iv) The names and addresses of the competent jurors; and

 

(v) The time and place where the jurors are required to appear.

 

(e) The jurors on the certified list shall be summoned toappear.

 

1-11-110. Repealed by Laws 1983, ch. 138, 3.

 

1-11-111. Repealed by Laws 1983, ch. 138, 3.

 

1-11-112. Jurors to appear at time specified.

 

Eachgrand juror and petit juror summoned shall appear before the court on the dayand at the hour specified in the summons, and depart only with permission ofthe court.

 

1-11-113. Completion of jury panel.

 

(a) The persons drawn from jury box number one and certified astrial jurors shall appear in answer to the summons and be examined as to their qualifications.If after all qualified trial jurors have been accepted it appears that thereare not enough in attendance, the court shall order the clerk to draw from jurybox number one the necessary number of names to complete the jury panel, andthe clerk shall continue to draw from that box until a sufficient number ofjurors are obtained. The persons so drawn shall be summoned to appear.

 

(b) Repealed by Laws 1983, ch. 138, 3.

 

1-11-114. Service of summons; proof of service.

 

(a) Service of a summons may be made by such means as the courtmay order. If service is accomplished through the sheriff's office, thesheriff's costs shall be paid by the county.

 

(b) If necessary the court may require proof of service.

 

1-11-115. Failure of juror to attend.

 

Anyjuror summoned who willfully and without reasonable excuse fails to attend maybe arrested and compelled to attend and is subject to contempt of court.

 

1-11-116. Empaneling of jury.

 

Atthe opening of court on the day that trial jurors are summoned to appear, theclerk shall call the names of those summoned. The court shall hear the jurorssummoned, and shall excuse those whom the court finds are exempt, disqualifiedor have material cause for being excused. The clerk shall write the names ofthe jurors present and not excused upon separate ballots, fold the ballots sothat the names are concealed, and deposit the ballots in a sealed box numberedtwo. The box shall remain sealed until ordered by the court to be opened.

 

1-11-117. Drawing trial jury.

 

Whenan issue of fact to be tried by a jury is brought to trial, the clerk under thedirection of the court shall openly draw out of box number two as many ballotsas necessary to form a jury. Before the first ballot is drawn, the box must bewell shaken so as to thoroughly mix the contents, and the clerk shall draw eachballot without seeing the name written on any of them.

 

1-11-118. Procedure upon exhaustion of ballots during empaneling.

 

Ifat any time during the empaneling of a jury all the ballots contained in boxnumber two are exhausted, the court shall enter an order directing that suchnumber of names as necessary be drawn from box number one. The court may excuseany jurors so drawn if it appears that, because of distance, the delay occasionedby summoning the juror and requiring his presence would unduly prolongempaneling the trial jury. The clerk shall forthwith summon the persons drawnto appear in court immediately. The names of those accepted by the court shallbe placed in box number two and shall be drawn therefrom to complete the jury.The process shall continue from time to time when necessary until a jury isobtained.

 

1-11-119. Number of jurors; fees and mileage.

 

Trialjuries in circuit courts shall be composed of six (6) persons. Trial juries incivil cases and all other proceedings in the district courts except criminalcases shall be composed of six (6) jurors unless one (1) of the parties to theaction files a written demand for twelve (12) jurors within the time a demandfor jury may be filed, in which event the number of jurors shall be twelve(12). Jurors in all courts shall be allowed the same fees and mileage as jurorsin district court.

 

1-11-120. Persons sworn to constitute jury; generally.

 

Thefirst six (6) persons, or twelve (12) if demanded, who appear as their namesare drawn and are approved as indifferent between the parties and notdischarged or excused shall be sworn and constitute the jury to try the issue.

 

1-11-121. Persons sworn to constitute jury; names placed in anotherbox.

 

Theballots containing the names of the jurors so sworn shall be deposited inanother box numbered three and there kept apart from the other ballots untilthat jury is discharged.

 

1-11-122. Discharge of jurors.

 

Afterthe jury is discharged the jurors, upon request, shall be excused from juryservice for the remainder of the calendar year.

 

1-11-123. Discharge of jurors; absent or excused jurors.

 

Theballot containing the name of a juror who is absent when his name is drawn, oris set aside, or excused from serving on that trial shall be returned to thebox containing the undrawn ballots as soon as the jury is sworn.

 

1-11-124. Procedure where additional jury needed.

 

Ifan issue is brought to trial while a jury is empaneled in another cause and notthen discharged, the court may order a jury for the trial of that issue to bedrawn out of box number two containing the ballots then undrawn and the secondjury may be completed as provided by law. In any other case the ballotscontaining the names of all trial jurors returned and attending the court shallbe placed together in the same box before a jury is drawn.

 

1-11-125. Procedure when sufficient number of jurors fail to attend.

 

Ifa sufficient number of jurors duly drawn and notified do not attend to form ajury the court shall direct the clerk to draw a sufficient number of ballotsfrom box number one to complete the jury and shall summon the persons drawn toattend immediately or at a time fixed by the court. If for any reason asufficient number of jurors to try the issue is not obtained from the personsnotified, the court may make successive orders until a sufficient number isobtained. The court may excuse any juror so drawn if it appears that, becauseof distance, the delay occasioned by summoning the juror and requiring hispresence would unduly prolong empaneling the trial jury. Each person sonotified, unless excused by the court, shall serve as a juror at the trial. Fora neglect or refusal to serve he may be fined in the same manner as a trialjuror regularly drawn and notified and he is subject to the same exceptions andchallenges as any other trial juror.

 

1-11-126. No objection that jury not original one returned.

 

Itis not a valid objection to a jury that it contains none of the jurorsoriginally returned to the court or is only partially composed of such jurorsor that the base jury list was not supplemented as permitted herein.

 

1-11-127. Furnishing of jury boxes.

 

Theboard of county commissioners of each county of this state shall furnish to theclerk of the district court in their county jury boxes suitable for thepurposes prescribed herein.

 

1-11-128. Preparation of jury lists in new counties.

 

In new counties organized under the laws of Wyoming whereno official register of voters for the new county exists, the board of countycommissioners of the new county may demand from the county clerk of any countyfrom which the new county was wholly or partially organized, a certified listof the names and addresses of the registered voters residing in that portion ofthe preexisting county which is included in the new county. The county clerkof the new county shall as soon as practicable compile and deliver to the clerkof court of the new county a list of qualified jurors.

 

1-11-129. Procedure for maintaining jury lists, ballots and juryboxes.

 

The procedures for compiling and maintaining of jury lists,jury ballots and jury boxes, and for drawing jurors, may be set by the court topermit the compilation and maintenance of jury lists and ballots and for thedrawing of jurors by any manual, mechanical, electronic or other meanscalculated to insure the integrity of the system and a random selectionprocess.

 

ARTICLE 2 - CONDUCT OF TRIAL; VERDICT

 

1-11-201. Oath of jurors; jury ordered into custody.

 

Assoon as the jury is selected an oath shall be administered to the jurors thatthey will truly try the matter in issue between ...., the plaintiff, and ....,the defendant, and render a true verdict according to the evidence. After theoath has been administered and the jury fully empaneled, the court shall orderthe jury into the custody of the officer selected by the court. The jurorsshall not separate from the custody of the officer until they have been dulydischarged, unless by the consent of the parties to the action. The officershall provide for suitable quarters and food for the jury pending the trial.

 

1-11-202. Peremptory challenges allowed.

 

Inthe trial of civil cases in the district courts of this state, each side isallowed three (3) peremptory challenges.

 

1-11-203. Challenges for cause; grounds.

 

(a) Challenges for cause may be taken on one (1) or more of thefollowing grounds:

 

(i) A lack of any of the qualifications prescribed by statutewhich render a person competent as a juror;

 

(ii) Relationship by consanguinity or affinity within the thirddegree to either party;

 

(iii) Standing in the relation of debtor or creditor, guardian orward, master or servant, or principal or agent to either party, or being apartner united in business with either party, or being security on any bond orobligation for either party;

 

(iv) Having served as a juror or a witness in a previous trialbetween the same parties for the same cause of action, or being then a witnesstherein;

 

(v) Interest on the part of the juror in the event or questioninvolved in the action, but not an interest of the juror as a member or citizenof a municipal corporation;

 

(vi) Having formed or expressed an unqualified opinion or beliefas to the merits or the main question of the action. The reading of newspaperaccounts of the subject matter before the court shall not disqualify the juroreither for bias or opinion;

 

(vii) The existence of a state of mind in the juror evincingenmity or bias for either party.

 

1-11-204. Challenges for cause; trial.

 

Allchallenges for cause shall be tried by the court, and the juror challenged, andany other persons may be examined as witnesses upon the trial of the challenge.

 

1-11-205. Order of trial.

 

(a) When the jury has been sworn, the trial shall proceed inthe following order, unless the court for good cause otherwise directs:

 

(i) The party who has the burden of the issues may brieflystate his case and the evidence by which he expects to sustain it;

 

(ii) The adverse party may then briefly state his defense andthe evidence he expects to offer in support of it;

 

(iii) The party who has the burden of the issues shall firstproduce his evidence, the adverse party will then produce his evidence;

 

(iv) The parties will then be confined to rebutting evidenceunless the court permits them to offer evidence in their original case;

 

(v) When the evidence is concluded, and either party desiresspecial instructions to be given to the jury, the instructions shall be reducedto writing, numbered and signed by the party or his attorney asking the same,and delivered to the court;

 

(vi) Before argument of the cause is begun, the court shall givesuch instructions of the law to the jury as may be necessary. The instructionsshall be in writing, numbered and signed by the judge;

 

(vii) Where either party asks special instructions to be given tothe jury, the court shall either give such instructions as requested, give theinstructions with modifications, or refuse to give them. The court shall markeach instruction offered so that it shall appear which instructions were givenin whole or in part, and which were refused, so that either party may except tothe instructions as given, refused or modified. All instructions given by thecourt together with those refused shall be filed as a part of the record.

 

1-11-206. View of property or place by jury.

 

Whenthe court considers it proper for the jurors to view the property which is thesubject of litigation or the place in which any material fact occurred, it mayorder them to be conducted in a body under the charge of an officer to theplace which shall be shown to them by a person appointed by the court for thatpurpose. While the jurors are absent no person other than the person soappointed shall speak to them on any subject connected with the trial.

 

1-11-207. Decision or deliberation by jury; duty of officer in chargeof jury.

 

Whenthe case is submitted, the jury may decide in court or retire for deliberation.If the jurors retire, they shall be kept together in some convenient placeunder the charge of an officer until they agree upon a verdict or aredischarged by the court. The court may permit them to separate temporarily atnight or at their meals. The officer having them under his charge shall notallow any communication to be made to them nor make any himself except to askthem if they have agreed upon their verdict, unless by order of the court. Heshall not communicate to any person the state of their deliberations or theverdict agreed upon before their verdict is rendered.

 

1-11-208. Admonition to jurors when permitted to separate.

 

Ifthe jurors are permitted to separate during the trial or after the case issubmitted to them, they shall be admonished by the court that it is their dutynot to converse with nor allow themselves to be addressed by any person on anysubject of the trial, and that they are not to form or express an opinion untilthe cause is finally submitted to them.

 

1-11-209. Further information after jury's retirement.

 

Afterthe jurors have retired for deliberation, if there is a disagreement betweenthem as to any part of the testimony, or if they desire to be informed as toany part of the law arising in the case, they may request the officer toconduct them to the court where information upon the matter of law shall begiven. The court may give its recollection as to the testimony on the points indispute, in the presence of or after notice to the parties or their counsel.

 

1-11-210. Discharge of jury without verdict.

 

Thejury may be discharged by the court on account of the sickness of a juror orany accident or calamity requiring its discharge, or by consent of both partiesor after the jurors have been kept together until it appears there is noprobability of their agreeing.

 

1-11-211. Retrial after discharge of jury.

 

Whenthe jury is discharged after the cause is submitted or during the trial, thecause may be tried again immediately or at a future time as the court directs.

 

1-11-212. Rendition of verdict.

 

Whenthe jurors agree upon their verdict, it shall be reduced to writing and signedby the foreman. They shall then be conducted into court, their names called bythe clerk and the verdict rendered by the foreman. The clerk shall then readthe verdict to the jury and inquire whether it is their verdict.

 

1-11-213. Further deliberation; polling jury.

 

Ifa jury disagrees, or if when the jury is polled a juror answers in the negative,or if the verdict is defective in substance, the jury shall be sent out againfor further deliberation and either party may require the jury to be polled bythe clerk or court asking each juror if it is his verdict.

 

1-11-214. Discharge of jury; correcting defective verdict.

 

Ifno disagreement is expressed and neither party requires the jury to be polled,or on polling each juror answers in the affirmative, the verdict is completeand the jury shall be discharged. If the verdict is defective in form only, itmay be corrected by the court with the assent of the jurors before they aredischarged.

 

ARTICLE 3 - JURY FEES

 

1-11-301. Fees in district court generally.

 

Allpersons summoned as jurors in the district courts of this state shall receive thefees hereinafter provided and none other.

 

1-11-302. Mileage rate.

 

Foreach mile actually and necessarily traveled in going to and returning from theplace of trial they shall receive mileage at the rate set in W.S. 9-3-103 whenthe distance traveled exceeds five (5) miles.

 

1-11-303. Amount of fees.

 

Jurors shall receive thirty dollars($30.00) for each full or part day of actual attendance. A juror in attendancefor more than five (5) consecutive days, exclusive of Saturdays, Sundays andholidays, may, in the discretion of the court, be allowed an additional twentydollars ($20.00) per day for each day actually in attendance.

 

1-11-304. Certificate issued to jurors.

 

Theclerk of the court shall note the time of the discharge of each juror summonedand issue to the juror a certificate under seal of the court for the amount duehim for mileage and juror fees.

 

ARTICLE 4 - JURORS' EMPLOYMENT

 

1-11-401. Protection of jurors' employment.

 

(a) No employer shall discharge, threaten to discharge, intimidateor coerce any employee by reason of the employee's jury service, for theattendance or scheduled attendance in connection with jury service, in anycourt in the state of Wyoming.

 

(b) Any employer who violates the provisions of this section:

 

(i) May be enjoined from further violations of this section inorder to provide other appropriate relief, including but not limited toreinstatement; and

 

(ii) Is liable for exemplary damages to the employee in anamount set by the court, but not to exceed one thousand dollars ($1,000.00) foreach violation as to each employee; and

 

(iii) Is liable for the employee's reasonable costs andattorney's fees, as set by the court, in enforcing his rights hereunder.

 

(c) Any individual who is reinstated to a position ofemployment in accordance with this section shall be considered as having beenon furlough or leave of absence during his period of jury service, shall bereinstated to his position of employment without loss of seniority and isentitled to participate in insurance or other benefits offered by the employerpursuant to established rules and practices relating to employees on furloughor on leave of absence in effect with the employer at the time the individualentered upon jury service.

 

(d) No action by an employee aggrieved hereunder shall bebrought more than six (6) months after the alleged violation.

 

(e) The court may award a prevailing employer a reasonableattorney's fee as part of the cost if the court determines that any actionbrought by an employee is frivolous, vexatious or brought in bad faith.

 

State Codes and Statutes

Statutes > Wyoming > Title1 > Chapter11

CHAPTER 11 - TRIAL BY JURY

 

ARTICLE 1 - QUALIFICATIONS, SELECTION AND EMPANELING OF JURIES

 

1-11-101. Qualifications of juror.

 

(a) A person is competent to act as juror if he is:

 

(i) An adult citizen of the United States who has been aresident of the state and of the county ninety (90) days before being selectedand returned;

 

(ii) In possession of his natural faculties, of ordinaryintelligence and without mental or physical infirmity preventing satisfactoryjury service;

 

(iii) Possessed of sufficient knowledge of the English language.

 

(b) No citizen shall be excluded from service as a juror onaccount of race, color, religion, sex, age, national origin or economic status.

 

1-11-102. Convicted felon disqualified.

 

Aperson who has been convicted of any felony is disqualified to act as a jurorunless his conviction is reversed or annulled, he receives a pardon or hisrights are restored pursuant to W.S. 7-13-105(a).

 

1-11-103. Persons exempt as juror; duty to discharge.

 

(a) A person is exempt from liability to act as juror if thecourt finds that the provisions of W.S. 1-11-104 apply or for any othercompelling reasons or if a person is:

 

(i) A salaried and active member of an organized firedepartment or an active member of a police department of a city, town or lawenforcement agency of the county or state; or

 

(ii) An elected public official.

 

(b) The court shall discharge a person from serving as a trialjuror if it satisfactorily appears that the person is not competent or theperson is exempt and specifically claims the benefit of the exemption.

 

1-11-104. Causes for excusal.

 

Ajuror may not be excused for a trivial cause or for hardship or inconvenienceto his business, but only when material injury or destruction to his propertyor property entrusted to him is threatened, or when his health or the sicknessor death of a member of his family requires his absence. A person may beexcused at his request if he is over seventy-two (72) years of age. A personmay be excused from jury duty when the care of that person's young childrenrequires his absence. Any person who has served on a jury shall, upon request,be excused from further jury service in that court for the remainder of thatjury term and in the discretion of the court may be excused from jury servicefor the following jury term.

 

1-11-105. Exemption affidavit required; failure to file.

 

Ifa person exempt from jury duty is summoned as a juror, he may file hisaffidavit with the clerk of the court for which he is summoned stating hisoffice, occupation or employment. The affidavit must be delivered by the clerkto the judge of the court where the person is summoned, and if sufficient insubstance, must be received as evidence of his right to exemption and as anexcuse for nonattendance in person. The affidavit must then be filed by theclerk. Failure of any person who is exempt to file the affidavit is a waiver ofhis exemption, and he is required to appear upon the day for which the jury issummoned and serve as a juror the same as if he were not entitled to exemption.

 

1-11-106. Jury list; preparation of ballots for jury box; drawing jurypanel; certificate and summons.

 

(a) The list of persons qualified to serve as trial jurors,compiled pursuant to W.S. 1-11-129, is the base jury list for the districtcourt and the circuit court from April 1 of the year in which the list iscertified and delivered through March 31 of the following year. By order ofthe district judge or circuit judge, for their respective courts, the base jurylist may be expanded by including some other source or sources of names inaddition to voter lists. After the list is delivered and supplemented whenapplicable, suitable ballots shall be prepared and deposited in a box known asand plainly marked "jury box number one". Upon order of the court,the clerk of the district court, sheriff and county treasurer shall draw fromjury box number one a panel of trial jurors, which shall contain such number ofnames as specified by the court.

 

(b) The clerk shall prepare a certificate containing the namesconstituting the panel of trial jurors, and summon them to appear in court fora trial whenever ordered by the court.

 

1-11-107. Depositing new ballots in jury box.

 

Beforedepositing new ballots in any jury box the clerk shall destroy each old ballotremaining in the box and remove all contents therefrom.

 

1-11-108. Jury panel in circuit courts; functions, powers and dutiesof judges thereof.

 

(a) The names in jury box number one in the office of the clerkof the district court is the panel of trial jurors in all circuit courts.

 

(b) In conducting jury trials, judges of the circuit courtsshall exercise and perform the same functions, powers and duties as areprescribed for both the judge and the clerk of the district court in W.S.1-11-101 through 1-11-401, insofar as practicable.

 

(c) Repealed by Laws 1983, ch. 138, 3.

 

1-11-109. Procedure for drawing jury; contents of certificate;summons.

 

(a) The clerk shall shake the box containing the names of theregular jurors so as to mix the ballots therein as well as possible. He shallthen draw from the box as many ballots as are ordered by the court.

 

(b) The name on each ballot drawn shall be entered in theminutes of the court.

 

(c) If the name of any person is drawn who is not competent toserve as a trial juror, and the incompetence shall be made to appear to thesatisfaction of the court, the name of the person shall be stricken from thejury list, the ballot containing the name shall be destroyed, and such factshall be entered in the minutes of the court.

 

(d) When the necessary number of jurors has been drawn, theclerk shall make and certify a list of the names drawn. The certificate shallstate:

 

(i) The date of the court order for the drawing;

 

(ii) The date of the drawing;

 

(iii) The number of jurors drawn;

 

(iv) The names and addresses of the competent jurors; and

 

(v) The time and place where the jurors are required to appear.

 

(e) The jurors on the certified list shall be summoned toappear.

 

1-11-110. Repealed by Laws 1983, ch. 138, 3.

 

1-11-111. Repealed by Laws 1983, ch. 138, 3.

 

1-11-112. Jurors to appear at time specified.

 

Eachgrand juror and petit juror summoned shall appear before the court on the dayand at the hour specified in the summons, and depart only with permission ofthe court.

 

1-11-113. Completion of jury panel.

 

(a) The persons drawn from jury box number one and certified astrial jurors shall appear in answer to the summons and be examined as to their qualifications.If after all qualified trial jurors have been accepted it appears that thereare not enough in attendance, the court shall order the clerk to draw from jurybox number one the necessary number of names to complete the jury panel, andthe clerk shall continue to draw from that box until a sufficient number ofjurors are obtained. The persons so drawn shall be summoned to appear.

 

(b) Repealed by Laws 1983, ch. 138, 3.

 

1-11-114. Service of summons; proof of service.

 

(a) Service of a summons may be made by such means as the courtmay order. If service is accomplished through the sheriff's office, thesheriff's costs shall be paid by the county.

 

(b) If necessary the court may require proof of service.

 

1-11-115. Failure of juror to attend.

 

Anyjuror summoned who willfully and without reasonable excuse fails to attend maybe arrested and compelled to attend and is subject to contempt of court.

 

1-11-116. Empaneling of jury.

 

Atthe opening of court on the day that trial jurors are summoned to appear, theclerk shall call the names of those summoned. The court shall hear the jurorssummoned, and shall excuse those whom the court finds are exempt, disqualifiedor have material cause for being excused. The clerk shall write the names ofthe jurors present and not excused upon separate ballots, fold the ballots sothat the names are concealed, and deposit the ballots in a sealed box numberedtwo. The box shall remain sealed until ordered by the court to be opened.

 

1-11-117. Drawing trial jury.

 

Whenan issue of fact to be tried by a jury is brought to trial, the clerk under thedirection of the court shall openly draw out of box number two as many ballotsas necessary to form a jury. Before the first ballot is drawn, the box must bewell shaken so as to thoroughly mix the contents, and the clerk shall draw eachballot without seeing the name written on any of them.

 

1-11-118. Procedure upon exhaustion of ballots during empaneling.

 

Ifat any time during the empaneling of a jury all the ballots contained in boxnumber two are exhausted, the court shall enter an order directing that suchnumber of names as necessary be drawn from box number one. The court may excuseany jurors so drawn if it appears that, because of distance, the delay occasionedby summoning the juror and requiring his presence would unduly prolongempaneling the trial jury. The clerk shall forthwith summon the persons drawnto appear in court immediately. The names of those accepted by the court shallbe placed in box number two and shall be drawn therefrom to complete the jury.The process shall continue from time to time when necessary until a jury isobtained.

 

1-11-119. Number of jurors; fees and mileage.

 

Trialjuries in circuit courts shall be composed of six (6) persons. Trial juries incivil cases and all other proceedings in the district courts except criminalcases shall be composed of six (6) jurors unless one (1) of the parties to theaction files a written demand for twelve (12) jurors within the time a demandfor jury may be filed, in which event the number of jurors shall be twelve(12). Jurors in all courts shall be allowed the same fees and mileage as jurorsin district court.

 

1-11-120. Persons sworn to constitute jury; generally.

 

Thefirst six (6) persons, or twelve (12) if demanded, who appear as their namesare drawn and are approved as indifferent between the parties and notdischarged or excused shall be sworn and constitute the jury to try the issue.

 

1-11-121. Persons sworn to constitute jury; names placed in anotherbox.

 

Theballots containing the names of the jurors so sworn shall be deposited inanother box numbered three and there kept apart from the other ballots untilthat jury is discharged.

 

1-11-122. Discharge of jurors.

 

Afterthe jury is discharged the jurors, upon request, shall be excused from juryservice for the remainder of the calendar year.

 

1-11-123. Discharge of jurors; absent or excused jurors.

 

Theballot containing the name of a juror who is absent when his name is drawn, oris set aside, or excused from serving on that trial shall be returned to thebox containing the undrawn ballots as soon as the jury is sworn.

 

1-11-124. Procedure where additional jury needed.

 

Ifan issue is brought to trial while a jury is empaneled in another cause and notthen discharged, the court may order a jury for the trial of that issue to bedrawn out of box number two containing the ballots then undrawn and the secondjury may be completed as provided by law. In any other case the ballotscontaining the names of all trial jurors returned and attending the court shallbe placed together in the same box before a jury is drawn.

 

1-11-125. Procedure when sufficient number of jurors fail to attend.

 

Ifa sufficient number of jurors duly drawn and notified do not attend to form ajury the court shall direct the clerk to draw a sufficient number of ballotsfrom box number one to complete the jury and shall summon the persons drawn toattend immediately or at a time fixed by the court. If for any reason asufficient number of jurors to try the issue is not obtained from the personsnotified, the court may make successive orders until a sufficient number isobtained. The court may excuse any juror so drawn if it appears that, becauseof distance, the delay occasioned by summoning the juror and requiring hispresence would unduly prolong empaneling the trial jury. Each person sonotified, unless excused by the court, shall serve as a juror at the trial. Fora neglect or refusal to serve he may be fined in the same manner as a trialjuror regularly drawn and notified and he is subject to the same exceptions andchallenges as any other trial juror.

 

1-11-126. No objection that jury not original one returned.

 

Itis not a valid objection to a jury that it contains none of the jurorsoriginally returned to the court or is only partially composed of such jurorsor that the base jury list was not supplemented as permitted herein.

 

1-11-127. Furnishing of jury boxes.

 

Theboard of county commissioners of each county of this state shall furnish to theclerk of the district court in their county jury boxes suitable for thepurposes prescribed herein.

 

1-11-128. Preparation of jury lists in new counties.

 

In new counties organized under the laws of Wyoming whereno official register of voters for the new county exists, the board of countycommissioners of the new county may demand from the county clerk of any countyfrom which the new county was wholly or partially organized, a certified listof the names and addresses of the registered voters residing in that portion ofthe preexisting county which is included in the new county. The county clerkof the new county shall as soon as practicable compile and deliver to the clerkof court of the new county a list of qualified jurors.

 

1-11-129. Procedure for maintaining jury lists, ballots and juryboxes.

 

The procedures for compiling and maintaining of jury lists,jury ballots and jury boxes, and for drawing jurors, may be set by the court topermit the compilation and maintenance of jury lists and ballots and for thedrawing of jurors by any manual, mechanical, electronic or other meanscalculated to insure the integrity of the system and a random selectionprocess.

 

ARTICLE 2 - CONDUCT OF TRIAL; VERDICT

 

1-11-201. Oath of jurors; jury ordered into custody.

 

Assoon as the jury is selected an oath shall be administered to the jurors thatthey will truly try the matter in issue between ...., the plaintiff, and ....,the defendant, and render a true verdict according to the evidence. After theoath has been administered and the jury fully empaneled, the court shall orderthe jury into the custody of the officer selected by the court. The jurorsshall not separate from the custody of the officer until they have been dulydischarged, unless by the consent of the parties to the action. The officershall provide for suitable quarters and food for the jury pending the trial.

 

1-11-202. Peremptory challenges allowed.

 

Inthe trial of civil cases in the district courts of this state, each side isallowed three (3) peremptory challenges.

 

1-11-203. Challenges for cause; grounds.

 

(a) Challenges for cause may be taken on one (1) or more of thefollowing grounds:

 

(i) A lack of any of the qualifications prescribed by statutewhich render a person competent as a juror;

 

(ii) Relationship by consanguinity or affinity within the thirddegree to either party;

 

(iii) Standing in the relation of debtor or creditor, guardian orward, master or servant, or principal or agent to either party, or being apartner united in business with either party, or being security on any bond orobligation for either party;

 

(iv) Having served as a juror or a witness in a previous trialbetween the same parties for the same cause of action, or being then a witnesstherein;

 

(v) Interest on the part of the juror in the event or questioninvolved in the action, but not an interest of the juror as a member or citizenof a municipal corporation;

 

(vi) Having formed or expressed an unqualified opinion or beliefas to the merits or the main question of the action. The reading of newspaperaccounts of the subject matter before the court shall not disqualify the juroreither for bias or opinion;

 

(vii) The existence of a state of mind in the juror evincingenmity or bias for either party.

 

1-11-204. Challenges for cause; trial.

 

Allchallenges for cause shall be tried by the court, and the juror challenged, andany other persons may be examined as witnesses upon the trial of the challenge.

 

1-11-205. Order of trial.

 

(a) When the jury has been sworn, the trial shall proceed inthe following order, unless the court for good cause otherwise directs:

 

(i) The party who has the burden of the issues may brieflystate his case and the evidence by which he expects to sustain it;

 

(ii) The adverse party may then briefly state his defense andthe evidence he expects to offer in support of it;

 

(iii) The party who has the burden of the issues shall firstproduce his evidence, the adverse party will then produce his evidence;

 

(iv) The parties will then be confined to rebutting evidenceunless the court permits them to offer evidence in their original case;

 

(v) When the evidence is concluded, and either party desiresspecial instructions to be given to the jury, the instructions shall be reducedto writing, numbered and signed by the party or his attorney asking the same,and delivered to the court;

 

(vi) Before argument of the cause is begun, the court shall givesuch instructions of the law to the jury as may be necessary. The instructionsshall be in writing, numbered and signed by the judge;

 

(vii) Where either party asks special instructions to be given tothe jury, the court shall either give such instructions as requested, give theinstructions with modifications, or refuse to give them. The court shall markeach instruction offered so that it shall appear which instructions were givenin whole or in part, and which were refused, so that either party may except tothe instructions as given, refused or modified. All instructions given by thecourt together with those refused shall be filed as a part of the record.

 

1-11-206. View of property or place by jury.

 

Whenthe court considers it proper for the jurors to view the property which is thesubject of litigation or the place in which any material fact occurred, it mayorder them to be conducted in a body under the charge of an officer to theplace which shall be shown to them by a person appointed by the court for thatpurpose. While the jurors are absent no person other than the person soappointed shall speak to them on any subject connected with the trial.

 

1-11-207. Decision or deliberation by jury; duty of officer in chargeof jury.

 

Whenthe case is submitted, the jury may decide in court or retire for deliberation.If the jurors retire, they shall be kept together in some convenient placeunder the charge of an officer until they agree upon a verdict or aredischarged by the court. The court may permit them to separate temporarily atnight or at their meals. The officer having them under his charge shall notallow any communication to be made to them nor make any himself except to askthem if they have agreed upon their verdict, unless by order of the court. Heshall not communicate to any person the state of their deliberations or theverdict agreed upon before their verdict is rendered.

 

1-11-208. Admonition to jurors when permitted to separate.

 

Ifthe jurors are permitted to separate during the trial or after the case issubmitted to them, they shall be admonished by the court that it is their dutynot to converse with nor allow themselves to be addressed by any person on anysubject of the trial, and that they are not to form or express an opinion untilthe cause is finally submitted to them.

 

1-11-209. Further information after jury's retirement.

 

Afterthe jurors have retired for deliberation, if there is a disagreement betweenthem as to any part of the testimony, or if they desire to be informed as toany part of the law arising in the case, they may request the officer toconduct them to the court where information upon the matter of law shall begiven. The court may give its recollection as to the testimony on the points indispute, in the presence of or after notice to the parties or their counsel.

 

1-11-210. Discharge of jury without verdict.

 

Thejury may be discharged by the court on account of the sickness of a juror orany accident or calamity requiring its discharge, or by consent of both partiesor after the jurors have been kept together until it appears there is noprobability of their agreeing.

 

1-11-211. Retrial after discharge of jury.

 

Whenthe jury is discharged after the cause is submitted or during the trial, thecause may be tried again immediately or at a future time as the court directs.

 

1-11-212. Rendition of verdict.

 

Whenthe jurors agree upon their verdict, it shall be reduced to writing and signedby the foreman. They shall then be conducted into court, their names called bythe clerk and the verdict rendered by the foreman. The clerk shall then readthe verdict to the jury and inquire whether it is their verdict.

 

1-11-213. Further deliberation; polling jury.

 

Ifa jury disagrees, or if when the jury is polled a juror answers in the negative,or if the verdict is defective in substance, the jury shall be sent out againfor further deliberation and either party may require the jury to be polled bythe clerk or court asking each juror if it is his verdict.

 

1-11-214. Discharge of jury; correcting defective verdict.

 

Ifno disagreement is expressed and neither party requires the jury to be polled,or on polling each juror answers in the affirmative, the verdict is completeand the jury shall be discharged. If the verdict is defective in form only, itmay be corrected by the court with the assent of the jurors before they aredischarged.

 

ARTICLE 3 - JURY FEES

 

1-11-301. Fees in district court generally.

 

Allpersons summoned as jurors in the district courts of this state shall receive thefees hereinafter provided and none other.

 

1-11-302. Mileage rate.

 

Foreach mile actually and necessarily traveled in going to and returning from theplace of trial they shall receive mileage at the rate set in W.S. 9-3-103 whenthe distance traveled exceeds five (5) miles.

 

1-11-303. Amount of fees.

 

Jurors shall receive thirty dollars($30.00) for each full or part day of actual attendance. A juror in attendancefor more than five (5) consecutive days, exclusive of Saturdays, Sundays andholidays, may, in the discretion of the court, be allowed an additional twentydollars ($20.00) per day for each day actually in attendance.

 

1-11-304. Certificate issued to jurors.

 

Theclerk of the court shall note the time of the discharge of each juror summonedand issue to the juror a certificate under seal of the court for the amount duehim for mileage and juror fees.

 

ARTICLE 4 - JURORS' EMPLOYMENT

 

1-11-401. Protection of jurors' employment.

 

(a) No employer shall discharge, threaten to discharge, intimidateor coerce any employee by reason of the employee's jury service, for theattendance or scheduled attendance in connection with jury service, in anycourt in the state of Wyoming.

 

(b) Any employer who violates the provisions of this section:

 

(i) May be enjoined from further violations of this section inorder to provide other appropriate relief, including but not limited toreinstatement; and

 

(ii) Is liable for exemplary damages to the employee in anamount set by the court, but not to exceed one thousand dollars ($1,000.00) foreach violation as to each employee; and

 

(iii) Is liable for the employee's reasonable costs andattorney's fees, as set by the court, in enforcing his rights hereunder.

 

(c) Any individual who is reinstated to a position ofemployment in accordance with this section shall be considered as having beenon furlough or leave of absence during his period of jury service, shall bereinstated to his position of employment without loss of seniority and isentitled to participate in insurance or other benefits offered by the employerpursuant to established rules and practices relating to employees on furloughor on leave of absence in effect with the employer at the time the individualentered upon jury service.

 

(d) No action by an employee aggrieved hereunder shall bebrought more than six (6) months after the alleged violation.

 

(e) The court may award a prevailing employer a reasonableattorney's fee as part of the cost if the court determines that any actionbrought by an employee is frivolous, vexatious or brought in bad faith.

 


State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title1 > Chapter11

CHAPTER 11 - TRIAL BY JURY

 

ARTICLE 1 - QUALIFICATIONS, SELECTION AND EMPANELING OF JURIES

 

1-11-101. Qualifications of juror.

 

(a) A person is competent to act as juror if he is:

 

(i) An adult citizen of the United States who has been aresident of the state and of the county ninety (90) days before being selectedand returned;

 

(ii) In possession of his natural faculties, of ordinaryintelligence and without mental or physical infirmity preventing satisfactoryjury service;

 

(iii) Possessed of sufficient knowledge of the English language.

 

(b) No citizen shall be excluded from service as a juror onaccount of race, color, religion, sex, age, national origin or economic status.

 

1-11-102. Convicted felon disqualified.

 

Aperson who has been convicted of any felony is disqualified to act as a jurorunless his conviction is reversed or annulled, he receives a pardon or hisrights are restored pursuant to W.S. 7-13-105(a).

 

1-11-103. Persons exempt as juror; duty to discharge.

 

(a) A person is exempt from liability to act as juror if thecourt finds that the provisions of W.S. 1-11-104 apply or for any othercompelling reasons or if a person is:

 

(i) A salaried and active member of an organized firedepartment or an active member of a police department of a city, town or lawenforcement agency of the county or state; or

 

(ii) An elected public official.

 

(b) The court shall discharge a person from serving as a trialjuror if it satisfactorily appears that the person is not competent or theperson is exempt and specifically claims the benefit of the exemption.

 

1-11-104. Causes for excusal.

 

Ajuror may not be excused for a trivial cause or for hardship or inconvenienceto his business, but only when material injury or destruction to his propertyor property entrusted to him is threatened, or when his health or the sicknessor death of a member of his family requires his absence. A person may beexcused at his request if he is over seventy-two (72) years of age. A personmay be excused from jury duty when the care of that person's young childrenrequires his absence. Any person who has served on a jury shall, upon request,be excused from further jury service in that court for the remainder of thatjury term and in the discretion of the court may be excused from jury servicefor the following jury term.

 

1-11-105. Exemption affidavit required; failure to file.

 

Ifa person exempt from jury duty is summoned as a juror, he may file hisaffidavit with the clerk of the court for which he is summoned stating hisoffice, occupation or employment. The affidavit must be delivered by the clerkto the judge of the court where the person is summoned, and if sufficient insubstance, must be received as evidence of his right to exemption and as anexcuse for nonattendance in person. The affidavit must then be filed by theclerk. Failure of any person who is exempt to file the affidavit is a waiver ofhis exemption, and he is required to appear upon the day for which the jury issummoned and serve as a juror the same as if he were not entitled to exemption.

 

1-11-106. Jury list; preparation of ballots for jury box; drawing jurypanel; certificate and summons.

 

(a) The list of persons qualified to serve as trial jurors,compiled pursuant to W.S. 1-11-129, is the base jury list for the districtcourt and the circuit court from April 1 of the year in which the list iscertified and delivered through March 31 of the following year. By order ofthe district judge or circuit judge, for their respective courts, the base jurylist may be expanded by including some other source or sources of names inaddition to voter lists. After the list is delivered and supplemented whenapplicable, suitable ballots shall be prepared and deposited in a box known asand plainly marked "jury box number one". Upon order of the court,the clerk of the district court, sheriff and county treasurer shall draw fromjury box number one a panel of trial jurors, which shall contain such number ofnames as specified by the court.

 

(b) The clerk shall prepare a certificate containing the namesconstituting the panel of trial jurors, and summon them to appear in court fora trial whenever ordered by the court.

 

1-11-107. Depositing new ballots in jury box.

 

Beforedepositing new ballots in any jury box the clerk shall destroy each old ballotremaining in the box and remove all contents therefrom.

 

1-11-108. Jury panel in circuit courts; functions, powers and dutiesof judges thereof.

 

(a) The names in jury box number one in the office of the clerkof the district court is the panel of trial jurors in all circuit courts.

 

(b) In conducting jury trials, judges of the circuit courtsshall exercise and perform the same functions, powers and duties as areprescribed for both the judge and the clerk of the district court in W.S.1-11-101 through 1-11-401, insofar as practicable.

 

(c) Repealed by Laws 1983, ch. 138, 3.

 

1-11-109. Procedure for drawing jury; contents of certificate;summons.

 

(a) The clerk shall shake the box containing the names of theregular jurors so as to mix the ballots therein as well as possible. He shallthen draw from the box as many ballots as are ordered by the court.

 

(b) The name on each ballot drawn shall be entered in theminutes of the court.

 

(c) If the name of any person is drawn who is not competent toserve as a trial juror, and the incompetence shall be made to appear to thesatisfaction of the court, the name of the person shall be stricken from thejury list, the ballot containing the name shall be destroyed, and such factshall be entered in the minutes of the court.

 

(d) When the necessary number of jurors has been drawn, theclerk shall make and certify a list of the names drawn. The certificate shallstate:

 

(i) The date of the court order for the drawing;

 

(ii) The date of the drawing;

 

(iii) The number of jurors drawn;

 

(iv) The names and addresses of the competent jurors; and

 

(v) The time and place where the jurors are required to appear.

 

(e) The jurors on the certified list shall be summoned toappear.

 

1-11-110. Repealed by Laws 1983, ch. 138, 3.

 

1-11-111. Repealed by Laws 1983, ch. 138, 3.

 

1-11-112. Jurors to appear at time specified.

 

Eachgrand juror and petit juror summoned shall appear before the court on the dayand at the hour specified in the summons, and depart only with permission ofthe court.

 

1-11-113. Completion of jury panel.

 

(a) The persons drawn from jury box number one and certified astrial jurors shall appear in answer to the summons and be examined as to their qualifications.If after all qualified trial jurors have been accepted it appears that thereare not enough in attendance, the court shall order the clerk to draw from jurybox number one the necessary number of names to complete the jury panel, andthe clerk shall continue to draw from that box until a sufficient number ofjurors are obtained. The persons so drawn shall be summoned to appear.

 

(b) Repealed by Laws 1983, ch. 138, 3.

 

1-11-114. Service of summons; proof of service.

 

(a) Service of a summons may be made by such means as the courtmay order. If service is accomplished through the sheriff's office, thesheriff's costs shall be paid by the county.

 

(b) If necessary the court may require proof of service.

 

1-11-115. Failure of juror to attend.

 

Anyjuror summoned who willfully and without reasonable excuse fails to attend maybe arrested and compelled to attend and is subject to contempt of court.

 

1-11-116. Empaneling of jury.

 

Atthe opening of court on the day that trial jurors are summoned to appear, theclerk shall call the names of those summoned. The court shall hear the jurorssummoned, and shall excuse those whom the court finds are exempt, disqualifiedor have material cause for being excused. The clerk shall write the names ofthe jurors present and not excused upon separate ballots, fold the ballots sothat the names are concealed, and deposit the ballots in a sealed box numberedtwo. The box shall remain sealed until ordered by the court to be opened.

 

1-11-117. Drawing trial jury.

 

Whenan issue of fact to be tried by a jury is brought to trial, the clerk under thedirection of the court shall openly draw out of box number two as many ballotsas necessary to form a jury. Before the first ballot is drawn, the box must bewell shaken so as to thoroughly mix the contents, and the clerk shall draw eachballot without seeing the name written on any of them.

 

1-11-118. Procedure upon exhaustion of ballots during empaneling.

 

Ifat any time during the empaneling of a jury all the ballots contained in boxnumber two are exhausted, the court shall enter an order directing that suchnumber of names as necessary be drawn from box number one. The court may excuseany jurors so drawn if it appears that, because of distance, the delay occasionedby summoning the juror and requiring his presence would unduly prolongempaneling the trial jury. The clerk shall forthwith summon the persons drawnto appear in court immediately. The names of those accepted by the court shallbe placed in box number two and shall be drawn therefrom to complete the jury.The process shall continue from time to time when necessary until a jury isobtained.

 

1-11-119. Number of jurors; fees and mileage.

 

Trialjuries in circuit courts shall be composed of six (6) persons. Trial juries incivil cases and all other proceedings in the district courts except criminalcases shall be composed of six (6) jurors unless one (1) of the parties to theaction files a written demand for twelve (12) jurors within the time a demandfor jury may be filed, in which event the number of jurors shall be twelve(12). Jurors in all courts shall be allowed the same fees and mileage as jurorsin district court.

 

1-11-120. Persons sworn to constitute jury; generally.

 

Thefirst six (6) persons, or twelve (12) if demanded, who appear as their namesare drawn and are approved as indifferent between the parties and notdischarged or excused shall be sworn and constitute the jury to try the issue.

 

1-11-121. Persons sworn to constitute jury; names placed in anotherbox.

 

Theballots containing the names of the jurors so sworn shall be deposited inanother box numbered three and there kept apart from the other ballots untilthat jury is discharged.

 

1-11-122. Discharge of jurors.

 

Afterthe jury is discharged the jurors, upon request, shall be excused from juryservice for the remainder of the calendar year.

 

1-11-123. Discharge of jurors; absent or excused jurors.

 

Theballot containing the name of a juror who is absent when his name is drawn, oris set aside, or excused from serving on that trial shall be returned to thebox containing the undrawn ballots as soon as the jury is sworn.

 

1-11-124. Procedure where additional jury needed.

 

Ifan issue is brought to trial while a jury is empaneled in another cause and notthen discharged, the court may order a jury for the trial of that issue to bedrawn out of box number two containing the ballots then undrawn and the secondjury may be completed as provided by law. In any other case the ballotscontaining the names of all trial jurors returned and attending the court shallbe placed together in the same box before a jury is drawn.

 

1-11-125. Procedure when sufficient number of jurors fail to attend.

 

Ifa sufficient number of jurors duly drawn and notified do not attend to form ajury the court shall direct the clerk to draw a sufficient number of ballotsfrom box number one to complete the jury and shall summon the persons drawn toattend immediately or at a time fixed by the court. If for any reason asufficient number of jurors to try the issue is not obtained from the personsnotified, the court may make successive orders until a sufficient number isobtained. The court may excuse any juror so drawn if it appears that, becauseof distance, the delay occasioned by summoning the juror and requiring hispresence would unduly prolong empaneling the trial jury. Each person sonotified, unless excused by the court, shall serve as a juror at the trial. Fora neglect or refusal to serve he may be fined in the same manner as a trialjuror regularly drawn and notified and he is subject to the same exceptions andchallenges as any other trial juror.

 

1-11-126. No objection that jury not original one returned.

 

Itis not a valid objection to a jury that it contains none of the jurorsoriginally returned to the court or is only partially composed of such jurorsor that the base jury list was not supplemented as permitted herein.

 

1-11-127. Furnishing of jury boxes.

 

Theboard of county commissioners of each county of this state shall furnish to theclerk of the district court in their county jury boxes suitable for thepurposes prescribed herein.

 

1-11-128. Preparation of jury lists in new counties.

 

In new counties organized under the laws of Wyoming whereno official register of voters for the new county exists, the board of countycommissioners of the new county may demand from the county clerk of any countyfrom which the new county was wholly or partially organized, a certified listof the names and addresses of the registered voters residing in that portion ofthe preexisting county which is included in the new county. The county clerkof the new county shall as soon as practicable compile and deliver to the clerkof court of the new county a list of qualified jurors.

 

1-11-129. Procedure for maintaining jury lists, ballots and juryboxes.

 

The procedures for compiling and maintaining of jury lists,jury ballots and jury boxes, and for drawing jurors, may be set by the court topermit the compilation and maintenance of jury lists and ballots and for thedrawing of jurors by any manual, mechanical, electronic or other meanscalculated to insure the integrity of the system and a random selectionprocess.

 

ARTICLE 2 - CONDUCT OF TRIAL; VERDICT

 

1-11-201. Oath of jurors; jury ordered into custody.

 

Assoon as the jury is selected an oath shall be administered to the jurors thatthey will truly try the matter in issue between ...., the plaintiff, and ....,the defendant, and render a true verdict according to the evidence. After theoath has been administered and the jury fully empaneled, the court shall orderthe jury into the custody of the officer selected by the court. The jurorsshall not separate from the custody of the officer until they have been dulydischarged, unless by the consent of the parties to the action. The officershall provide for suitable quarters and food for the jury pending the trial.

 

1-11-202. Peremptory challenges allowed.

 

Inthe trial of civil cases in the district courts of this state, each side isallowed three (3) peremptory challenges.

 

1-11-203. Challenges for cause; grounds.

 

(a) Challenges for cause may be taken on one (1) or more of thefollowing grounds:

 

(i) A lack of any of the qualifications prescribed by statutewhich render a person competent as a juror;

 

(ii) Relationship by consanguinity or affinity within the thirddegree to either party;

 

(iii) Standing in the relation of debtor or creditor, guardian orward, master or servant, or principal or agent to either party, or being apartner united in business with either party, or being security on any bond orobligation for either party;

 

(iv) Having served as a juror or a witness in a previous trialbetween the same parties for the same cause of action, or being then a witnesstherein;

 

(v) Interest on the part of the juror in the event or questioninvolved in the action, but not an interest of the juror as a member or citizenof a municipal corporation;

 

(vi) Having formed or expressed an unqualified opinion or beliefas to the merits or the main question of the action. The reading of newspaperaccounts of the subject matter before the court shall not disqualify the juroreither for bias or opinion;

 

(vii) The existence of a state of mind in the juror evincingenmity or bias for either party.

 

1-11-204. Challenges for cause; trial.

 

Allchallenges for cause shall be tried by the court, and the juror challenged, andany other persons may be examined as witnesses upon the trial of the challenge.

 

1-11-205. Order of trial.

 

(a) When the jury has been sworn, the trial shall proceed inthe following order, unless the court for good cause otherwise directs:

 

(i) The party who has the burden of the issues may brieflystate his case and the evidence by which he expects to sustain it;

 

(ii) The adverse party may then briefly state his defense andthe evidence he expects to offer in support of it;

 

(iii) The party who has the burden of the issues shall firstproduce his evidence, the adverse party will then produce his evidence;

 

(iv) The parties will then be confined to rebutting evidenceunless the court permits them to offer evidence in their original case;

 

(v) When the evidence is concluded, and either party desiresspecial instructions to be given to the jury, the instructions shall be reducedto writing, numbered and signed by the party or his attorney asking the same,and delivered to the court;

 

(vi) Before argument of the cause is begun, the court shall givesuch instructions of the law to the jury as may be necessary. The instructionsshall be in writing, numbered and signed by the judge;

 

(vii) Where either party asks special instructions to be given tothe jury, the court shall either give such instructions as requested, give theinstructions with modifications, or refuse to give them. The court shall markeach instruction offered so that it shall appear which instructions were givenin whole or in part, and which were refused, so that either party may except tothe instructions as given, refused or modified. All instructions given by thecourt together with those refused shall be filed as a part of the record.

 

1-11-206. View of property or place by jury.

 

Whenthe court considers it proper for the jurors to view the property which is thesubject of litigation or the place in which any material fact occurred, it mayorder them to be conducted in a body under the charge of an officer to theplace which shall be shown to them by a person appointed by the court for thatpurpose. While the jurors are absent no person other than the person soappointed shall speak to them on any subject connected with the trial.

 

1-11-207. Decision or deliberation by jury; duty of officer in chargeof jury.

 

Whenthe case is submitted, the jury may decide in court or retire for deliberation.If the jurors retire, they shall be kept together in some convenient placeunder the charge of an officer until they agree upon a verdict or aredischarged by the court. The court may permit them to separate temporarily atnight or at their meals. The officer having them under his charge shall notallow any communication to be made to them nor make any himself except to askthem if they have agreed upon their verdict, unless by order of the court. Heshall not communicate to any person the state of their deliberations or theverdict agreed upon before their verdict is rendered.

 

1-11-208. Admonition to jurors when permitted to separate.

 

Ifthe jurors are permitted to separate during the trial or after the case issubmitted to them, they shall be admonished by the court that it is their dutynot to converse with nor allow themselves to be addressed by any person on anysubject of the trial, and that they are not to form or express an opinion untilthe cause is finally submitted to them.

 

1-11-209. Further information after jury's retirement.

 

Afterthe jurors have retired for deliberation, if there is a disagreement betweenthem as to any part of the testimony, or if they desire to be informed as toany part of the law arising in the case, they may request the officer toconduct them to the court where information upon the matter of law shall begiven. The court may give its recollection as to the testimony on the points indispute, in the presence of or after notice to the parties or their counsel.

 

1-11-210. Discharge of jury without verdict.

 

Thejury may be discharged by the court on account of the sickness of a juror orany accident or calamity requiring its discharge, or by consent of both partiesor after the jurors have been kept together until it appears there is noprobability of their agreeing.

 

1-11-211. Retrial after discharge of jury.

 

Whenthe jury is discharged after the cause is submitted or during the trial, thecause may be tried again immediately or at a future time as the court directs.

 

1-11-212. Rendition of verdict.

 

Whenthe jurors agree upon their verdict, it shall be reduced to writing and signedby the foreman. They shall then be conducted into court, their names called bythe clerk and the verdict rendered by the foreman. The clerk shall then readthe verdict to the jury and inquire whether it is their verdict.

 

1-11-213. Further deliberation; polling jury.

 

Ifa jury disagrees, or if when the jury is polled a juror answers in the negative,or if the verdict is defective in substance, the jury shall be sent out againfor further deliberation and either party may require the jury to be polled bythe clerk or court asking each juror if it is his verdict.

 

1-11-214. Discharge of jury; correcting defective verdict.

 

Ifno disagreement is expressed and neither party requires the jury to be polled,or on polling each juror answers in the affirmative, the verdict is completeand the jury shall be discharged. If the verdict is defective in form only, itmay be corrected by the court with the assent of the jurors before they aredischarged.

 

ARTICLE 3 - JURY FEES

 

1-11-301. Fees in district court generally.

 

Allpersons summoned as jurors in the district courts of this state shall receive thefees hereinafter provided and none other.

 

1-11-302. Mileage rate.

 

Foreach mile actually and necessarily traveled in going to and returning from theplace of trial they shall receive mileage at the rate set in W.S. 9-3-103 whenthe distance traveled exceeds five (5) miles.

 

1-11-303. Amount of fees.

 

Jurors shall receive thirty dollars($30.00) for each full or part day of actual attendance. A juror in attendancefor more than five (5) consecutive days, exclusive of Saturdays, Sundays andholidays, may, in the discretion of the court, be allowed an additional twentydollars ($20.00) per day for each day actually in attendance.

 

1-11-304. Certificate issued to jurors.

 

Theclerk of the court shall note the time of the discharge of each juror summonedand issue to the juror a certificate under seal of the court for the amount duehim for mileage and juror fees.

 

ARTICLE 4 - JURORS' EMPLOYMENT

 

1-11-401. Protection of jurors' employment.

 

(a) No employer shall discharge, threaten to discharge, intimidateor coerce any employee by reason of the employee's jury service, for theattendance or scheduled attendance in connection with jury service, in anycourt in the state of Wyoming.

 

(b) Any employer who violates the provisions of this section:

 

(i) May be enjoined from further violations of this section inorder to provide other appropriate relief, including but not limited toreinstatement; and

 

(ii) Is liable for exemplary damages to the employee in anamount set by the court, but not to exceed one thousand dollars ($1,000.00) foreach violation as to each employee; and

 

(iii) Is liable for the employee's reasonable costs andattorney's fees, as set by the court, in enforcing his rights hereunder.

 

(c) Any individual who is reinstated to a position ofemployment in accordance with this section shall be considered as having beenon furlough or leave of absence during his period of jury service, shall bereinstated to his position of employment without loss of seniority and isentitled to participate in insurance or other benefits offered by the employerpursuant to established rules and practices relating to employees on furloughor on leave of absence in effect with the employer at the time the individualentered upon jury service.

 

(d) No action by an employee aggrieved hereunder shall bebrought more than six (6) months after the alleged violation.

 

(e) The court may award a prevailing employer a reasonableattorney's fee as part of the cost if the court determines that any actionbrought by an employee is frivolous, vexatious or brought in bad faith.

 

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