Title - 1
TITLE 1 - CODE OF CIVIL PROCEDURECHAPTER 1 - GENERAL PROVISIONS AS TO CIVIL ACTIONS1-1-101.Provisions to be liberally construed.The Code of Civil Procedure and all proceedings under it shallbe liberally construed to promote its object and assist theparties in obtaining justice. The rule of common law thatstatutes in derogation thereof must be strictly construed has noapplication to the Code of Civil Procedure, but this shall notbe so construed as to require a liberal construction ofprovisions affecting personal liberty, relating to amercement orof a penal nature.1-1-102.Minors as parties to actions.Every person over fourteen (14) years of age and under the ageof majority, when subject to no disability other than being aminor, may sue or be sued. When plaintiff he shall sue by a nextfriend selected by him before suit is commenced. The next friendis liable for the cost chargeable to the plaintiff. When theminor is sued he shall appear by guardian nominated by him andappointed by the court before further proceedings are had in thecase, but judgment shall be against the minor defendant only. Ineither case, if plaintiff or defendant neglects or refuses tonominate a next friend or guardian, the court shall appoint anext friend or guardian, who shall file his consent in writing,with the court.1-1-103.Power of deputies.A duty enjoined by statute upon a ministerial officer or an actpermitted to be done by him may be performed by his lawfuldeputy.1-1-104.Sureties; justification.A court or an officer authorized by law to approve a surety mayrequire such person to testify orally or in writing touching hissufficiency, but this in itself shall not exonerate the officerin an action for taking insufficient surety.1-1-105.Sureties; qualifications.Sureties shall be residents of this state, worth in theaggregate double the sum to be secured, beyond the amount of
their debts, and have property liable to execution in this stateequal to the sum to be secured. Every person acting as suretyfor another shall file with the court his affidavit showing thathe meets the requirements set forth herein.1-1-106.Compensation of cross demands.When cross demands exist between persons under circumstancesthat if one brought an action against the other, a counterclaimor setoff could be set up, neither can be deprived of thebenefit thereof by assignment by the other, or by his death, butthe two (2) demands will be deemed compensated so far as theyequal each other.1-1-107.Furnishing of transcripts.Upon request and receipt of the lawful fees required, judges ofjudicial tribunals and the clerks of every court of record,shall furnish to any person an authenticated transcript ofproceedings containing the judgment or final order in theircourt.1-1-108.Voluntary partial payment of liability claims.No voluntary partial payment of a claim based on allegedliability for injury or property damage shall be construed as anadmission of fault or liability, or as a waiver or release ofclaim by the person receiving payment. Such payment is notadmissible as evidence in any action for the purpose ofdetermining the amount of any judgment, with respect to theparties to the occurrence from which the claim arose. Uponsettlement of the claim, the parties may make any agreement theydesire in respect to all voluntary partial payments. After entryof judgment, any such payment shall be treated as a credit anddeducted from the amount of the judgment. If after partialvoluntary payments are made it is determined by final judgmentof a court of competent jurisdiction that the payor is liablefor an amount less than the voluntary payments already made, thepayor has no right of action for the recovery of amounts bywhich the voluntary payments exceed the final judgment. Novoluntary partial payments shall be construed to reduce theamount of damages which may be pleaded and proved in a courtproceeding between the parties.1-1-109.(a)Comparative fault.As used in this section:
(i) "Actor" means a person or other entity, includingthe claimant, whose fault is determined to be a proximate causeof the death, injury or damage, whether or not the actor is aparty to the litigation;(ii) "Claimant" means a natural person, including thepersonal representative of a deceased person, or any legalentity, including corporations, limited liability companies,partnerships or unincorporated associations, and includes athird party plaintiff and a counterclaiming defendant;(iii) "Defendant" means a party to theagainst whom a claim for damages is asserted, andparty defendants. Where there is a counterclaim,against whom the counterclaim is asserted is alsolitigationincludes thirdthe claimanta defendant;(iv) "Fault" includes acts or omissions, determinedto be a proximate cause of death or injury to person orproperty, that are in any measure negligent, or that subject anactor to strict tort or strict products liability, and includesbreach of warranty, assumption of risk and misuse or alterationof a product;(v) "Injury to person or property," in addition tobodily injury, includes, without limitation, loss of enjoymentof life, emotional distress, pain and suffering, disfigurement,physical or mental disability, loss of earnings or income,damage to reputation, loss of consortium, loss of profits andall other such claims and causes of action arising out of thefault of an actor;(vi) "Wrongful death" means that cause of actionauthorized by Wyoming statute to recover money damages when thedeath of a person is caused by the fault of an actor such aswould have entitled the party injured to maintain an action torecover damages if death had not ensued.(b) Contributory fault shall not bar a recovery in anaction by any claimant or the claimant's legal representative torecover damages for wrongful death or injury to person orproperty, if the contributory fault of the claimant is not morethan fifty percent (50%) of the total fault of all actors. Anydamages allowed shall be diminished in proportion to the amountof fault attributed to the claimant.
(c) Whether or not the claimant is free of fault, thecourt shall:(i)If a jury trial:(A) Direct the jury to determine the totalamount of damages sustained by the claimant without regard tothe percentage of fault attributed to the claimant, and thepercentage of fault attributable to each actor; and(B) Inform the jury of the consequences of itsdetermination of the percentage of fault.(ii) If a trial before the court without jury, makespecial findings of fact, determining the total amount ofdamages sustained by the claimant without regard to thepercentage of fault attributed to the claimant, and thepercentage of fault attributable to each actor.(d) The court shall reduce the amount of damagesdetermined under subsection (c) of this section in proportion tothe percentage of fault attributed to the claimant and enterjudgment against each defendant in the amount determined undersubsection (e) of this section.(e) Each defendant is liable only to the extent of thatdefendant's proportion of the total fault determined underparagraph (c)(i) or (ii) of this section.1-1-110.Repealed by Laws 1986, ch. 24, § 2.1-1-111.Repealed by Laws 1986, ch. 24, § 2.1-1-112.Repealed by Laws 1986, ch. 24, § 2.1-1-113.Repealed by Laws 1986, ch. 24, § 2.1-1-114.Pleading of damages.In all cases the court shall inform the jury of the consequencesof its verdict.1-1-115.Civil liability for unpaid checks.(a) Any person who issues a check which is not paidbecause the check has been dishonored for any reason has thirty(30) days following the date of a written demand mailed to the
drawer of the check by United States postal service certificateof mailing at the address shown on the check or his last knownaddress or personally served pursuant to the Wyoming Rules ofCivil Procedure, to pay to the holder of the check the amount ofthe check and a collection fee not to exceed thirty dollars( 30.00). The demand shall state that the drawer is required topay the value of the check and the collection fee demanded andshall state the collection fee provided for in this section.(b) Any person who fails to pay the amount of the checkand the collection fee as set forth in subsection (a) of thissection within thirty (30) days following the date of a writtendemand, mailed to or served on the drawer in accordance withsubsection (a) of this section, is liable to the holder of thecheck for three (3) times the amount of the check, but in nocase less than one hundred dollars ( 100.00), a collection feeof thirty dollars ( 30.00), and court costs.(c) In extraordinary cases, including cases in which thecourt determines that the party who wrote the check has raiseddilatory or bad faith defenses, the court may award theprevailing party reasonable attorney fees.(d) Nothing in this section shall prevent the criminalprosecution of the person who issues the check. However, anypayment made by the defendant to a victim pursuant to an orderfor restitution entered in a criminal case pursuant to W.S.7-9-101 through 7-9-112 or 6-3-704(b), shall be set off againstany judgment in favor of the victim in a civil action broughtunder this section arising out of the same facts or event.(e) A cause of action under this section may be brought insmall claims court, if the amount of the demand does not exceedthe jurisdiction of that court, or in any other appropriatecourt.(f) As used in this section, "check," "drawee," "drawer"and "issue" have the same meaning as defined in W.S. 6-3-701.1-1-116.Civil liability for theft of services.(a) Notwithstanding any criminal penalties which mayapply, an owner or operator of a franchised or otherwise dulylicensed provider of services may bring a civil action to enjoinor restrain any violation of W.S. 6-3-402 when the violationinvolves theft of services and may in the same action seekdamages from the person violating W.S. 6-3-402.
(b) In order to maintain an action for injunctive reliefunder this section, it is not necessary for the plaintiff toshow actual damages or the threat of actual damages.(c) As used in this section, "services" has the samemeaning as specified in W.S. 6-3-401(a)(v).1-1-117.Affidavits of noninvolvement.(a) In any action, whether in tort, contract or otherwise,in which the plaintiff seeks damages, a party may, in lieu ofanswering or otherwise pleading, file an affidavit certifyingthat he was not directly or indirectly involved in theoccurrence or occurrences alleged in the action. If anaffidavit is filed, the court shall order the dismissal of theclaim against the certifying party, except as provided for insubsection (b) of this section. The affidavit shall be filedwithin the time required for filing an answer, if no answer isfiled; and, in any event, at least twenty (20) days prior totrial. Any order of dismissal based on the affidavit shall notbe entered within ten (10) days after the affidavit is filed.(b) Any party may oppose the dismissal or move to vacatethe order of dismissal and reinstate the certifying party,provided he can show that the certifying party was directly orindirectly involved in the occurrence or occurrences alleged inthe action. After the filing of an affidavit under thissection, the party opposing the dismissal may have discoverywith respect to the involvement or noninvolvement of the partyfiling the affidavit, provided the discovery is completed withinsixty (60) days of the filing of the affidavit.1-1-118. Amateur rodeos; liability for injuries; consentto participate.(a) No public school or nonprofit organization sponsoringan amateur rodeo is liable for injuries suffered by a contestantas a result of his voluntary participation in a rodeo eventexcept for injuries caused by the willful, wanton or recklessact of the sponsoring organization or its employees.(b) A minor shall be deemed to be a voluntary participantfor purposes of this section if he has signed a written consentto participate in the rodeo event and the consent is also signedby one (1) of the minor's parents or by his legal guardian.
1-1-119.Release or covenant not to sue.When a release or a covenant not to sue or not to enforcejudgment is given in good faith to one (1) of two (2) or morepersons liable in tort for the same injury or the same wrongfuldeath, it does not discharge any of the other tortfeasors fromliability for the injury or wrongful death unless its terms soprovide.1-1-120. Persons rendering emergency assistance exemptfrom civil liability.(a) Any person licensed as a physician and surgeon underthe laws of the state of Wyoming, or any other person, who ingood faith renders emergency care or assistance withoutcompensation at the place of an emergency or accident, is notliable for any civil damages for acts or omissions in goodfaith.(b) Persons or organizations operating volunteerambulances or rescue vehicles supported by public or privatefunds, staffed by unpaid volunteers, and which make no charge,or charge an incidental service or user fee, for servicesrendered during medical emergencies, and the unpaid volunteerswho staff ambulances and rescue vehicles are not liable for anycivil damages for acts or omissions in good faith in furnishingemergency medical services. This immunity does not apply toacts or omissions constituting gross negligence or willful orwanton misconduct. For purposes of this section, "unpaidvolunteers" means persons who either receive incidentalremuneration on a per call basis or receive no more than onethousand dollars ( 1,000.00) annually for volunteer ambulanceand rescue activities. The immunity provided by this subsectionshall extend to a physician while serving in his capacity asmedical director of any ambulance service, to hospitals andhospital employees for activities directly related to providingclinical training as part of an emergency medical service classapproved by the department of health, and to students whileparticipating in emergency medical services training approved bythe department of health. If an unpaid volunteer's, medicaldirector's, hospital's or trainee's acts or omissions aresubject to the provisions of the Wyoming Governmental ClaimsAct, immunity under this section is waived to the extent of themaximum liability provided under W.S. 1-39-118.(c) Any person who provides assistance or advice withoutcompensation other than reimbursement of out-of-pocket expenses
in mitigating or attempting to mitigate the effects of an actualor threatened discharge of hazardous materials, or inpreventing, cleaning up or disposing of or in attempting toprevent, clean up or dispose of any discharge of hazardousmaterials, is not liable for any civil damages for acts oromissions in good faith in providing the assistance or advice.This immunity does not apply to acts or omissions constitutinggross negligence or willful or wanton misconduct. As used inthis subsection:(i)"Discharge" includes leakage, seepage or otherrelease;(ii) "Hazardous materials" includes all materials andsubstances which are now or hereafter designated or defined ashazardous by any state or federal law or by the regulations ofany state or federal government agency.1-1-121.Recreation Safety Act; short title.This act shall be known and may be cited as the "RecreationSafety Act".1-1-122.(a)Definitions.As used in this act:(i) "Inherent risk" with regard to any sport orrecreational opportunity means those dangers or conditions whichare characteristic of, intrinsic to, or an integral part of anysport or recreational opportunity;(ii) "Provider" means any person or governmentalentity which for profit or otherwise, offers or conducts a sportor recreational opportunity or regulates an interscholasticsport or recreational opportunity. This act does not apply to acause of action based upon the design or manufacture of sport orrecreational equipment or products or safety equipment usedincidental to or required by the sport or recreationalopportunity;(iii) "Sport or recreational opportunity" meanscommonly understood sporting activities including baseball,softball, football, soccer, basketball, swimming, hockey,wrestling, cheerleading, rodeo, dude ranching, nordic or alpineskiing and other alpine sports, snowboarding, mountain climbing,outdoor education programs, river floating, hunting, fishing,
backcountry trips, horseback riding and any other equineactivity, snowmobiling and similar recreational opportunitiesand includes the use of private lands for vehicle parking andland access related to the sport or recreational opportunity."Sport or recreational opportunity" does not include skiing in aski area as defined by the Ski Safety Act;(iv)"Equine activity" means:(A) Equine shows, fairs, competitions,performances or parades that involve any or all breeds ofequines;(B)Any of the equine disciplines;(C)Equine training or teaching activities, or(D)Boarding equines;both;(E) Riding, inspecting or evaluating an equinebelonging to another, whether or not the owner has received somemonetary consideration or other thing of value for the use ofthe equine or is permitting a prospective purchaser of theequine to ride, inspect or evaluate the equine;(F) Rides, trips, hunts or other equineactivities of any type however informal or impromptu;(G) Day use rental riding, riding associatedwith a dude ranch or riding associated with outfitted packtrips; and(H)Placing or replacing horseshoes on anequine.(v)(vi)1-1-123.Repealed By Laws 1996, ch. 78, § 2."This act" means W.S. 1-1-121 through 1-1-123.Assumption of risk.(a) Any person who takes part in any sport or recreationalopportunity assumes the inherent risks in that sport orrecreational opportunity, whether those risks are known orunknown, and is legally responsible for any and all damage,injury or death to himself or other persons or property that
results from the inherent risks in that sport or recreationalopportunity.(b) A provider of any sport or recreational opportunity isnot required to eliminate, alter or control the inherent riskswithin the particular sport or recreational opportunity.(c) Actions based upon negligence of the provider whereinthe damage, injury or death is not the result of an inherentrisk of the sport or recreational opportunity shall be preservedpursuant to W.S. 1-1-109.(d) The assumption of risk provisions in subsections (a)through (c) of this section apply irrespective of the age of theperson assuming the risk.(e) This act shall not apply to skiing in a ski area asdefined by the Ski Safety Act.1-1-123.1.Ski Safety Act; short title.This act shall be known and may be cited as the "Ski SafetyAct."1-1-123.2.(a)Definitions.As used in this act:(i) "Freestyle terrain" includes terrain parks andterrain features such as jumps, rails, half pipes and otherconstructed and natural features found in terrain parks;(ii) "Inherent risk" with regard to skiing in a skiarea means those dangers or conditions which are part of thesport of skiing, including:(A)Changing weather conditions;(B) Falling or surface snow conditions, whethernatural or man-made, as they exist or change;(C) Surface or subsurface conditions includingbare spots, forest growth, rocks, stumps, streambeds, cliffs,extreme terrain, trees or other natural objects;
(D) Collisions or impacts with natural objectssuch as the objects specified in subparagraph (C) of thisparagraph including encounters with wildlife;(E) Impact with ski lift towers, signs, posts,fences or enclosures, hydrants, water pipes or other man-madestructures and their components subject to W.S. 1-1-123.3(k);(F) Variations in steepness or terrain, whethernatural or as a result of ski trail or feature design, orsnowmaking or grooming operations such as roads, freestyleterrain, jumps and catwalks or other terrain modifications; and(G)Collisions with other skiers.(iii) "Ski area" means the ski trails and otherplaces within the boundary of a ski area under the control of aski area operator and administered as a single enterprise withinthe state;(iv) "Ski area operator" means a person having theresponsibility for the operations of a ski area and the owners,partners and members, managers, employees, agents, volunteers,board members, representatives, affiliates and assigns of theperson. "Ski area operator" includes an agency of the state ora political subdivision thereof;(v) "Ski area vehicle" means a vehicle used in theoperation and maintenance of a ski area which is owned by orunder the direction and control of the ski area operator such asa snowmobile, all-terrain vehicle, snow grooming vehicle, sledand other similar vehicle;(vi) "Ski lift" means a chairlift, gondola, tramway,cable car or other aerial lift and any rope tow, conveyor,t-bar, j-bar, handle tow or other surface lift used by a skiarea operator to transport skiers;(vii) "Ski trail" means a trail, slope, run,freestyle terrain, competition terrain, tree skiing area, tubingpark area or other area at or near a ski area designated by theski area operator to be used by skiers for the purpose ofskiing;(viii) "Skier" means a person who is using a ski areafor the purpose of skiing;
(ix) "Skiing" includes sliding downhill or jumping onsnow or ice on skis or a toboggan, sled, tube, snowbike,snowboard or other device;(x)1-1-123.5."This act" means W.S. 1-1-123.1 through1-1-123.3. Duties of ski area operators; signs for trails;notices to skiers; duties of skiers.(a) A ski area operator shall post and maintain a signvisible to skiers at or near the beginning of a trail thatdepicts and explains the degree of difficulty of the trailrelative to each individual ski area.(b) A ski area operator shall post and maintain a sign ator near the loading area of a ski lift that states the relativedegree of difficulty of the trails serviced by the lift.(c) A ski area operator shall print a warning notice onall ski lift tickets and season passes and shall post andmaintain a warning sign at or near the ski area's ticket salesbuilding that is no smaller than six (6) square feet in size andstates the following:WARNING. Under Wyoming law, a skier assumes the inherent risksof skiing and is legally responsible for damage, injury or deathto person or property that results from the inherent risks ofskiing.(d) A ski area operator shall post and maintain a warningsign at the ski area's ticket sales building that is no smallerthan six (6) square feet in size and that notifies the skier ofthe duties imposed on the skier by this act and the limitationson liability provided in this act.(e)A ski area operator shall:(i)boundaries;Mark or identify on trail maps the ski area(ii) Post a sign notifying the public if a trail orportion thereof is closed at the identified entrance of thetrail or portion thereof. A trail without an identifiedentrance may be closed with ropes or fences.
(f) A ski area operator shall have no duty arising out ofthe operator's status as a ski area operator to a skier skiingbeyond a ski area boundary marked or identified as required bysubsection (e) of this section or skiing in an area posted asclosed or otherwise fenced or roped off in accordance withsubsection (e) of this section.(g) A ski area operator shall post signs in the ski areaor on trail maps warning skiers of encounters with ski areavehicles.(h) A ski area operator shall equip ski area vehicles witha light and a fluorescent flag mounted at least five (5) feetabove the bottom of the vehicle's tracks visible at any time thevehicle is moving on or in the vicinity of a ski trail.(j) A ski area operator shall annually inspect, operateand maintain ski lifts in accordance with the most currentversion of the American National Standards Institute B-77.1aerial tramway standards. Notwithstanding any other provisionof law, a ski lift shall not be deemed a common carrier.(k) A ski area operator shall mark hydrants, water pipesand all other man-made structures on slopes and trails which arenot visible to skiers under conditions of ordinary visibilityfrom a distance of one hundred (100) feet and shall cover thestructures with a shock-absorbent material typically used by skiarea operators for the purpose. Any type of marker shall besufficient under this subsection including but not limited towooden poles, flags or signs if the marker is visible from adistance of one hundred (100) feet and if the marker itself doesnot constitute a serious hazard to skiers. As used in thissubsection "man-made structures" shall not include variations insteepness or terrain, whether natural or as a result of slopedesign, snowmaking or grooming operations, including but notlimited to roads, catwalks and other terrain modifications.(m) A skier shall have the responsibility to observe allposted information and other signs and warnings posted inaccordance with this act and shall be presumed to have seen andunderstood all signs, warnings and other information posted inaccordance with this act.1-1-123.4.Assumption of risks; limitations on actions.(a) A skier expressly accepts and assumes the inherentrisks of skiing and is legally responsible for damage, injury or
death to himself or other persons or property that results fromthe inherent risks in skiing.(b) A skier may not make any claim against or recover fromany ski area operator for injury resulting from any inherentrisk of skiing.(c) A skier is not precluded under this act from suinganother skier for any damage, injury or death to person orproperty that results from the other skiers' acts or omissions.Notwithstanding any other provision of law, the risk ofcollision with other skiers is not an inherent risk nor a riskassumed by a skier in an action by a skier against anotherskier.1-1-123.5.Negligence; civil actions.(a) A violation by any person or ski area operator of anyprovision of this act shall, to the extent the violation causesdamage, injury or death to person or property, constituteevidence of negligence on the part of the person or ski areaoperator violating this act.(b) Actions based upon negligence of a person or ski areaoperator wherein the damage, injury or death is not the resultof an inherent risk of skiing shall be preserved pursuant toW.S. 1-1-109.1-1-124.Pretrial screening.(a) The supreme court may promulgate rules to provide ascreening procedure to expedite the prelitigation resolution ofclaims arising from any alleged act, error or omission in therendering of licensed or certified professional or health careservices.(b) The screening procedure authorized by this sectionshall be designed to reduce the burden of malpractice cases onthe state judicial system and to encourage the prompt resolutionof nonmeritorious claims. The expedited procedure may includethe creation of professional review panels to review claims andto determine:(i) Whether there is substantial evidence that theacts complained of occurred, constituted malpractice andresulted in injury to the claimant; and
(ii)A recommended award if requested by the parties.(c) The supreme court shall annually report to the jointjudiciary interim committee the costs of operating the expeditedscreening procedure and shall submit a recommendation for theproration and assessment of costs among the professions subjectto the pretrial screening procedure.1-1-125. Immunity for volunteers; volunteer firefighters;search and rescue.(a)As used in this section:(i) "Compensation" does not include actual andnecessary expenses that are incurred by a volunteer inconnection with the services that the volunteer performs for anonprofit organization and that are reimbursed to the volunteeror otherwise paid nor does it include any incidental personalprivileges received by volunteers for their services;(ii) "Nonprofit organization" means those nonprofitorganizations exempt from federal income tax pursuant to section501(c) of the Internal Revenue Code;(iii)"Volunteer" means:(A) An officer, director, trustee or otherperson who performs services for a nonprofit organization butdoes not receive compensation, either directly or indirectly,for those services;(B) A volunteer firefighter who performsservices for a volunteer fire department under W.S.35-9-616(a)(ix) whether or not the firefighter receivescompensation or a pension;(C) An individual engaged in search and rescueoperations under a county sheriff's coordination pursuant toW.S. 18-3-609(a)(iii) or supervision pursuant to W.S. 19-16-101whether or not the individual receives compensation.(b) Except as provided in subsection (c) of this section,a volunteer who provides services or performs duties on behalfof a nonprofit organization, a volunteer fire department or asheriff as part of a search and rescue operation is personallyimmune from civil liability for any act or omission resulting indamage or injury if at the time of the act or omission:
(i) The person was acting within the scope of hisduties as a volunteer for the nonprofit organization, volunteerfire department or a sheriff as part of a search and rescueoperation; and(ii) The act or omission did not constitute willfulor wanton misconduct or gross negligence.(c) This section does not grant immunity to any personcausing damage as a result of the negligent operation of a motorvehicle.(d) In any suit against a nonprofit organization, avolunteer fire department or a sheriff as part of a search andrescue operation for civil damages based upon the negligent actor omission of a volunteer, proof of the act or omission shallbe sufficient to establish the responsibility of theorganization, department or sheriff under the doctrine ofrespondeat superior, notwithstanding the immunity granted to thevolunteer with respect to any act or omission included undersubsection (b) of this section.1-1-126.Civil liability for stalking.(a) A person who is the victim of stalking as defined byW.S. 6-2-506 may maintain a civil action against an individualwho engages in a course of conduct that is prohibited under W.S.6-2-506 for damages incurred by the victim as a result of thatconduct. T
1-1-101. Provisions to be liberally construed. The Code of Civil Procedure and all proceedings under it shall be liberally construed to promote its object and assist the parties in obtaining justice. The rule of common law that statutes in derogation thereof must be strictly construed has no
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