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CHAPTER 21 - PROCEDURE AND ACTIONS

ARTICLE 1 - IN GENERAL

1-21-101. Docket to be kept; contents.

(a) Every judge shall keep a docket in which he shall enter:

(i) The title of all causes commenced before him;

(ii) The time when process was issued against the defendant, itsparticular nature and to what officer delivered;

(iii) The time when the parties appeared before him, eitherwithout or upon the return of process;

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

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

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

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

(viii) The judgment of the court;

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

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

(xi) Satisfaction of judgment and when made;

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

1-21-102. Proceedings when title or boundaries to land in question.

Ifit appears from the pleadings or the evidence of either party at the trial ofany case in circuit court that the title or boundaries to lands are inquestion, the judge shall immediately make an entry thereof in the docket,cease all further proceedings, and certify to the district court of the countya transcript of all entries made in the docket relating to the case in the samemanner and within the same time as upon appeal. The case shall then beconducted in the district court as though appealed to the district court fortrial de novo, except that no bond as on appeal or payment of costs in thecircuit court is required for the transfer to the district court.

1-21-103. Payment of costs for witness not examined.

Ifany witness is subpoenaed, attends and is not examined by either party, thecosts of the witness shall be paid by the party ordering the subpoena, unlessthe adverse party confesses the matter or otherwise renders unnecessary theexamination of the witness.

ARTICLE 2 - PROCEDURE FOR SMALL CLAIMS

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

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

1-21-202. Commencement of actions; fee; remedy cumulative; continuanceto obtain attorney; docketing.

(a) Actions may be commenced, heard and determined under W.S.1-21-201 through 1-21-205 if the state, any governmental entity, any naturalperson, corporation, partnership, association or other organization appearsbefore any circuit court and executes an affidavit reciting the full address ofthe defendant, the nature of the claim, the amount due and stating that demandhas been made and payment refused. The plaintiff shall deposit an appearancefee of four dollars ($4.00) which shall be retained by the court as costs andtaxed to the party against whom judgment is rendered. The remedy provided bythis article is cumulative and not exclusive.

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

1-21-203. Affidavit of claim; service of summons; venue jurisdiction.

(a) The claimant shall prepare the affidavit as set forth. Whenthe affidavit is executed by the claimant the court shall file the same andhave summons served on the defendant at any location in the county in themanner provided by law or, if the defendant resides in the county, service maybe made by the court by certified mail addressed to the defendant at hisaddress within the county with return receipt requested. Upon receipt by thecircuit judge of the return receipt signed by the defendant or his agent,service is complete.

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

1-21-204. Time for appearance.

Thedate of appearance of the defendant as provided in the summons shall be notmore than twelve (12) days nor less than three (3) days from the date ofservice of the summons. When the circuit judge has fixed the date for theappearance of the defendant he shall inform the plaintiff of the date and atthe same time order the plaintiff to appear with such books, papers and witnessesas necessary to prove his claim.

1-21-205. Pleading and hearing; execution.

Atany hearing the plaintiff and defendant and their witnesses may offer evidence.No formal pleading other than the claim and notice is necessary. The hearingand disposition of the hearing shall be informal. No prejudgment attachment orgarnishment shall issue, but execution, including post judgment garnishment inaid of execution, may issue as prescribed by law for circuit court.

ARTICLE 3 - ATTACHMENT AND GARNISHMENT

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

ARTICLE 4 - JUDGMENTS

1-21-401. Endorsement of payments and satisfaction and release;requirements.

Everyperson recovering a judgment in circuit court shall endorse on the originaljudgment docket all payments made on the judgment, and when the judgment issatisfied by settlement or other payment, endorse the satisfaction and releaseon the judgment docket in the circuit court in which the judgment was entered.Endorsement of partial payment or satisfaction of the whole shall be made bythe party recovering the judgment or his attorney in the case within fifteen(15) days after the payment has been made, and after each payment when morethan one (1) payment is made on any judgment. Each endorsement shall be datedand signed by the person executing the same.

1-21-402. Endorsement of payments and satisfaction and release;penalty.

Everyperson who collects or is paid any money or other thing of value upon anyjudgment rendered in any circuit court who fails to comply with the provisionsof W.S. 1-21-401 is guilty of a misdemeanor and upon conviction shall bepunished by a fine for each offense of not less than twenty-five dollars($25.00) nor more than two hundred dollars ($200.00).

1-21-403. Appeal of forcible entry and detainer actions.

Inany forcible entry and detainer action appealed to the district court which isthereby determined against the defendant in possession, the court shall hearevidence concerning and render judgment for the rental value of the premises incontroversy for the whole period of the unlawful detainer.

ARTICLE 5 - EXECUTION AND STAY THEREOF

1-21-501. Issuance of execution.

Executionfor the enforcement of a judgment except during the time it may be stayed, maybe issued by the judge who renders the judgment, or by his successor in office,on the application of the party entitled thereto, any time within five (5)years of entry of the judgment, or the date of the last execution issuedthereon.

1-21-502. Form and contents of execution.

(a) The execution shall be directed to the sheriff of thecounty, subscribed by the judge by whom the judgment was rendered, or by hissuccessor in office, and dated the day of delivery to the officer forexecution. The execution shall refer to the judgment by stating the names ofthe parties, the name of the judge, the county where and the time when thejudgment was rendered and the true amount of the unsatisfied judgment. Theexecution shall direct the sheriff to:

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

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

1-21-503. Endorsement on execution.

Beforeany execution is delivered, the judge shall state in his docket and on the backof his execution the amount of the debt or damages and costs, and the officerreceiving the execution shall endorse on it the time of receiving theexecution.

1-21-504. Renewal of execution.

Ifany execution is not satisfied, it may be renewed at the request of theplaintiff by the judge or his successor, by an endorsement thereon and datedwhen made. If any part of the execution has been satisfied, the endorsement ofrenewal shall state the sum due and every such endorsement shall continue theexecution in full force for no longer than thirty (30) days. An entry ofrenewal shall be made in the docket.

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

1-21-506. Receipt of money.

Theofficer holding an execution shall receive all money tendered to him in paymentthereof and shall endorse the same on the execution. He shall give the payor areceipt stating the amount paid and the account for which it is received.

1-21-507. Rights of surety.

Whenany judgment is obtained against any surety the original judgment remains validfor the use of the surety, who thereafter may obtain execution on the judgmentagainst the goods and chattels of the defendant. The surety is entitled to atranscript of the judgment for his own use, which has the same force and effectas transcripts in other cases.

1-21-508. Execution against joint debtors.

Anexecution on a judgment against joint debtors, one (1) or more of whom was notserved with summons, shall contain a direction to collect the judgment from thejoint property of all the defendants, or the separate property of the debtorsserved with summons, specified by name.

1-21-509. Right to sue surety.

Inall cases of surety, the plaintiff may sue the surety upon his bond if theconditions of the bond are not performed.

1-21-510. Execution for costs.

Ajudge may issue execution to enforce a judgment for costs in the same manner asin other cases.

1-21-511. Right to stay of execution.

Exceptas otherwise provided, any person against whom judgment is rendered may havestay of execution by entering into a bond with the adverse party within ten(10) days after rendition of the judgment, with good and sufficient surety,resident property holders of the county, approved by the judge, conditioned onthe payment of the amount of the judgment, interest and costs that may accrue.The bond shall be entered on the docket and signed by the surety.

1-21-512. Time for which stay granted.

(a) Stay of execution shall be granted as follows:

(i) For thirty (30) days on any judgment not exceeding fiftydollars ($50.00), excluding costs;

(ii) For four (4) months on any judgment over fifty dollars($50.00) and not exceeding one hundred dollars ($100.00), excluding costs;

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

1-21-513. Cases in which stay not allowed.

(a) No stay of execution is allowed in the following cases:

(i) On a judgment rendered against a circuit court judge forrefusing to pay over money collected or received in his official capacity;

(ii) On a judgment rendered against a sheriff for failing tomake return, making a false return or refusing to pay over money collected inhis official capacity;

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

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

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

1-21-514. Recall of execution.

Ifthe execution issued before the bond for stay or for appeal is given, and suchbond is given afterward and within the time allowed, the judge shall recall theexecution.

1-21-515. Conditions under which execution issued notwithstandingstay.

Whenany person who is surety for stay of execution moves from the county beforeexpiration of the stay, the judge shall issue execution on demand against thegoods and chattels of the party against whom the original judgment wasrendered. When any surety for the stay of execution becomes apprehensive thatby delaying the execution until expiration of the stay he may be compelled topay the judgment, the surety may file an affidavit of the facts with the judgewho rendered judgment whereupon the judge shall issue execution against thejudgment debtor. The surety is not thereby discharged from liability, but maybe proceeded against after expiration of the stay.

1-21-516. Giving of further bond.

Ifwithin ten (10) days after levying the execution the judgment debtor entersinto a further bond for stay of execution during the unexpired term of thefirst stay, and pays costs of the execution issued against him, the judge shallaccept the further bond and recall the execution. The latest bond shall firstbe proceeded against until it appears by the return of the sheriff that there areno goods on which to levy, then proceedings shall be instituted on the firstbond given.

1-21-517. Discovery in aid of execution.

(a) At any time after entry of judgment, the judgment creditormay obtain discovery by interrogatories, depositions or otherwise, from anyperson, including the judgment debtor, in accordance with the Wyoming Rules ofCivil Procedure.

(b) A person served with notice of discovery under this sectionshall hold for the benefit of the judgment creditor from the time of service all property, money and credits in his hands belonging to the judgment debtoror due to him.

ARTICLE 6 - SALES ON EXECUTION

1-21-601. Notice of sale.

Theofficer having levied upon goods and chattels by virtue of an execution shallwithout delay give public notice by advertisement in a newspaper published orwidely circulated in the county where the property is to be sold. The noticeshall state the time and place of sale, describe the goods and chattels, andshall be published at least ten (10) days before the day of sale.

1-21-602. Manner of conducting sale; return.

Atthe time appointed, the officer shall expose the goods and chattels to publicsale and sell them to the highest bidder. If there are no bidders or only asingle bid is given, the sale shall be adjourned from time to time until a fairsale is had. The officer shall return the execution together with the money tothe judge at the time of making the return.

1-21-603. Officer not to purchase.

Noofficer shall directly or indirectly purchase any goods and chattels at anysale made by him upon execution. Every such sale shall be absolutely void.

ARTICLE 7 - TRIAL OF PROPERTY RIGHTS IN PROPERTY SEIZED ONEXECUTION OR ATTACHMENT

1-21-701. Notice and time of trial.

Whenan officer levies on property claimed by any person other than the partyagainst whom the execution issued, the claimant shall give three (3) daysnotice of objection in writing to the plaintiff or his agent. If the plaintiffor his agent cannot be found within the county, the notice shall be served byleaving a copy at his usual place of abode in the county, or if no place ofabode exists then by leaving notice at the court, stating the time and place oftrial to determine the right to the property. The trial shall be held before acircuit court in the county at least one (1) day prior to the time appointedfor sale of the property.

1-21-702. Judgment for claimant; restoration of property.

Ifon trial the court or jury is satisfied that the property or any part belongsto the claimant the court shall render judgment against the party in whosefavor the execution issued, including costs. The court shall give a writtenorder to the officer who levied on or is charged with selling the property,directing him to restore the property found to belong to the claimant.

1-21-703. Judgment against claimant.

Ifthe claimant fails to establish his right to the property or any part thereof,the judge shall render judgment against the claimant for costs accrued onaccount of the trial and issue execution therefor. The officer is not liable tothe claimant for the property so taken.

ARTICLE 8 - ARBITRATION

1-21-801. Procedure generally.

Anycivil cause pending before a judge may be submitted to the arbitration of three(3) men by agreement of the parties. Each party shall select one (1) arbitratorand the two (2) so selected shall choose the third. They shall be sworn by thejudge and proceed in a summary manner to hear the cause. Any of the arbitratorsmay administer oaths, issue subpoenas for witnesses and compel theirattendance, and punish for contempt. They shall make their awards in writing,any two (2) concurring being the award of all. The award shall be reported tothe judge who shall enter judgment accordingly. The judgment is final unless itis made to appear to the judge within ten (10) days after the entry of judgmentthat the award was obtained by fraud, corruption or any undue means, in whichcase the judge shall set aside the award and the case shall stand for trial asthough no award had been made.

1-21-802. Appeal of setting aside award; grounds.

Anaggrieved party may appeal the decision of the judge to set aside the awardupon grounds of fraud, corruption or undue means as in other cases.

1-21-803. Appeal of setting aside award; proceedings in districtcourt.

Ifon appeal of any such award, the district court is satisfied the award wasobtained by fraud, corruption or other undue means, the court shall set asidethe award and proceed to hear and determine the cause on the merits.

1-21-804. Appeal of setting aside award; affirmance.

Ifthe court determines the award was not obtained by fraud, corruption or otherundue means, it shall render judgment thereon for costs of the suit and awardexecution as in other cases.

ARTICLE 9 - CONTEMPT

1-21-901. Grounds.

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

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

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

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

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

Noperson shall be punished for contempt before a circuit court judge until afteran opportunity to be heard and for that purpose the judge may issue his warrantof attachment to bring the offender before him.

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

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

1-21-905. Warrant of commitment.

Thewarrant of commitment for contempt must set forth the particular circumstancesof the offense or it is void.

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

Anywitness attending before a circuit court who refuses to be sworn in some formprescribed by law or to answer any pertinent or proper question, may by orderbe committed to the jail of the county.

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

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

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

Thecircuit court shall adjourn the case at the request of either party for areasonable time or until the witness testifies in the case.

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

Ifany person subpoenaed as a witness fails to attend, he is guilty of contemptand shall be fined all the costs for his apprehension unless he showsreasonable cause for his failure to attend, in which case the party requiringthe appearance shall pay the costs.

ARTICLE 10 - FORCIBLE ENTRY AND DETAINER

1-21-1001. Jurisdiction of circuit courts.

Anycircuit court within the judicial district may inquire against those who makeunlawful and forcible entry into lands and tenements and detain the same, oragainst those who, having a lawful and peaceable entry into lands or tenements,unlawfully or by force hold the same. If it is found that an unlawful andforcible entry was made and the lands or tenements are held by force, or thatafter a lawful entry the lands are held unlawfully, the judge shall requirerestitution to the complaining party.

1-21-1002. When proceedings allowed.

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

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

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

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

(iv) Any sale by executors, administrators, guardians or onpartition where any of the parties to the petition were in possession at thecommencement of the suit, after the sale has been examined by the proper courtand adjudged legal;

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

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

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

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

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

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

Thesummons shall state the cause of the complaint against the defendant, the timeand place of trial and shall be served and returned as in other cases. Suchservice shall be not less than three (3) nor more than twelve (12) days beforethe day of trial set by the judge.

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

Ifthe defendant does not appear in accordance with a properly served summons thecircuit court shall try the action as though he were present. Beforeproceeding, the plaintiff shall file a complaint in which he relies in order torecover the premises. The complaint must be sustained by proof or the actiondismissed.

1-21-1006. Proceedings when defendant appears.

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

1-21-1007. Bond on granting continuance.

Nocontinuance shall be granted the defendant for longer than two (2) days unless hegives a bond to the adverse party, with good and sufficient surety approved bythe circuit court, conditioned for the payment of the rent that may accrue andcosts if judgment is rendered against him.

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

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

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

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

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

1-21-1010. Judgment upon verdict.

Thecircuit court shall enter the verdict upon the docket and render judgmentthereon.

1-21-1011. Exceptions.

Exceptionsto the opinion of the circuit court on questions of law or evidence may betaken by either party, whether tried by a jury or the court.

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

Whena judgment of restitution is entered by a circuit court, the court shall, atthe request of the plaintiff, his agent or attorney, issue a writ of restitutionthereon.

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

Unlessthe defendant takes an appeal, the officer shall execute the writ ofrestitution within two (2) days after receiving it, Sundays excepted, byrestoring the plaintiff to possession of the premises. He shall levy andcollect the execution for rent and costs and make return as upon otherexecutions.

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

(a) If the officer receives notice from the circuit court thatthe proceedings have been stayed on appeal, he shall immediately delay allfurther proceedings upon execution and writ of restitution. If the premiseshave been restored to the plaintiff he shall immediately place the defendant inpossession thereof and return the writ and execution with his proceedings andcosts taxed thereon.

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

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

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

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

1-21-1016. Ejectment not barred.

Thependency of an action for forcible entry or detainer does not bar an action ofejectment.

ARTICLE 11 - REPLEVIN

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

ARTICLE 12 - RESIDENTIAL RENTAL PROPERTY

1-21-1201. Definitions.

(a) As used in this article:

(i) "Owner" means the owner, lessor or sublessor of aresidential rental unit and for purposes of notice and other communicationrequired or allowed under this article, "owner" includes a managingagent, leasing agent or resident manager unless the agent or manager specifiesotherwise in writing in the rental agreement;

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

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

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

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

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

(a) Each owner and his agent renting or leasing a residentialrental unit shall maintain that unit in a safe and sanitary condition fit forhuman habitation. Each residential rental unit shall have operationalelectrical, heating and plumbing, with hot and cold running water unlessotherwise agreed upon in writing by both parties. Provided, however, thissection shall not prevent the rental of seasonal rental units such as summercabins which are not intended to have such amenities.

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

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

(d) Any duty or obligation in this article may be assigned to adifferent party or modified by explicit written agreement signed by theparties.

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

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

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

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

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

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

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

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

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

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

1-21-1204. Renter's duties.

(a) Each renter shall:

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

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

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

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

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

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

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

(viii) Remove all property and garbage either owned or placedwithin the residential rental unit by the renter or his guests prior totermination of the rental agreement and clean the rental unit to the conditionat the beginning of the rental agreement.

1-21-1205. Prohibited acts by renter.

(a) No renter shall:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Anyrental agreement shall state whether any portion of a deposit is nonrefundableand written notice of this fact shall also be provided to the renter at thetime the deposit is taken by the owner or his designated agent.

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

(a) Upon termination of the rental agreement, property or moneyheld as a deposit may be applied by the owner or his agent to the payment ofaccrued rent, damages to the residential rental unit beyond reasonable wear andtear, the cost to clean the unit to the condition at the beginning of therental agreement and to other costs provided by any contract. The balance ofany deposit and prepaid rent and a written itemization of any deductions fromthe deposit together with reasons therefor, shall be delivered or mailedwithout interest to the renter within thirty (30) days after termination of therental agreement or within fifteen (15) days after receipt of the renter's newmailing address, whichever is later. If there is damage to the residentialrental unit, this period shall be extended by thirty (30) days. The rentershall within thirty (30) days of termination of the rental agreement, notifythe owner or designated agent of the location where payment and notice may bemade or mailed.

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

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

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

The holder of the interest of the owner ordesignated agent in the residential rental unit at the time of termination ofthe rental agreement shall be bound by the provisions of W.S. 1-21-1207 and1-21-1208.

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

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

(i) The owner shall provide written notice to the renter in accordancewith this paragraph, describing the property claimed to be abandoned andstating that the property shall be disposed of after seven (7) days from thedate of service of the notice if the renter or his agent does not, within theseven (7) day period, take possession of the property or notify the owner inwriting of the renter's intent to take possession of the property. The noticeprovided by the owner under this paragraph shall be deemed served:

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

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

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

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

(iii) If the renter responds in writing to the owner on or beforeseven (7) days after service of notice under paragraph (i) of this subsectionthat he intends to take possession of the property, the property shall be heldfor an additional period of seven (7) days after the written response isreceived. If the renter fails to take possession of the property within theadditional fifteen (15) day period, the property shall be conclusively deemedabandoned and the owner may retain or dispose of the property.

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

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

(a) If the renter does not vacate the premises as required by acourt order issued pursuant to W.S. 1-21-1001 et seq., the sheriff may removethe renter's possessions and prevent the renter from reentering the premiseswithout further action by the court.

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