Title 05 · WY
5-13-115(d).
Citation: Wyo. Stat. § 5-13-115
Section: 5-13-115
5-13-115(d).
5-13-104. Supreme court to adopt rules; fees and court costs; rules of procedure to govern courts; place for holding court; inherent powers; appeals.
(a) The Wyoming supreme court is hereby vested with management and supervisory powers, including financial auditing authority, over the chancery court of the state of Wyoming. The Wyoming supreme court shall establish procedures and regulations for the effective and expeditious resolution of disputes between parties and the administration of the business of the chancery court, including the Wyoming Rules of Civil Procedure for the Chancery Courts and procedures for:
(i) The filing of an action with the chancery court;
(ii) The removal of an existing case from another court to the chancery court;
(iii) The removal, by the non-filing party, of a case filed with the chancery court to another court;
(iv) Trial without a jury;
(v) The ordering of mediation;
(vi) Referrals to a special master;
(vii) The streamlined and expeditious completion of discovery. (b) The Wyoming supreme court shall establish fees and charges for the chancery court, provided:
(i) The fees and charges are established to, as nearly as practicable, fund the operation of the chancery court; and
(ii) The original filing fee is set at not less than five hundred dollars ($500.00). The fee shall apply to original actions commenced, actions removed or transferred to the chancery court from another court and to actions that are reopened after a final decree previously has been entered.
(c) The Wyoming Rules of Civil Procedure for Chancery Courts and the Wyoming Rules of Evidence, as amended or supplemented from time to time, shall govern the chancery court.
(d) The judges of the chancery court may hold court for each other and shall do so when required by law. A judge of the chancery court may hold court in any county where venue is appropriate.
(e) When no special provision is otherwise made by law, the chancery court shall be vested with all inherent powers that are possessed by courts of record in this state.
(f) Opinions of the chancery court shall be published by the clerk of the chancery court in a searchable electronic database.
(g) An appeal from a judgment or other appealable order of the chancery court shall be to the Wyoming supreme court in accordance with the Wyoming Rules of Appellate Procedure.
(h) As used in subsection (a) of this section, "effective and expeditious resolution of disputes between parties" means the resolution of a majority of the actions filed in the chancery court within one hundred fifty (150) days of the issuance of the scheduling order in each action.
5-13-105. Name of court; presider.
The chancery court shall be called the "Chancery Court of the State of Wyoming" which shall be a court of record with a seal and the judge and clerk thereof have power to administer oaths and affirmations. The chancery court shall be presided over by a chancery court judge.
5-13-106. Term of chancery court judges.
The terms of chancery court judges shall be six (6) years. Each chancery court judge selected under the provisions of article 5, section 4 of the Wyoming Constitution shall serve for one (1) year after his appointment and until the first Monday in January following the next general election after the expiration of the year. At the general election, he shall stand for retention in office throughout the state as provided in article 5, section 4 of the Wyoming Constitution.
5-13-107. Judges to be nonpartisan; nomination and appointment.
Judges of the chancery court shall be nonpartisan, shall be nominated and appointed and retained as provided by article 5, section 4 of the Wyoming Constitution.
5-13-108. Qualifications for appointment.
(a) To be eligible for appointment to the office of judge of the chancery court, a person shall be:
(i) A qualified elector of the state;
(ii) Authorized to practice law in Wyoming; and
(iii) Experienced or knowledgeable in the subject matter jurisdiction of the chancery court.
5-13-109. Temporary assignment to fill vacancies; appointments to fill vacancies in office.
(a) Prior to the appointment of a chancery court judge under subsection (b) of this section or in the event a chancery court judge appointed under W.S. 5-13-107 dies, becomes unable or unwilling to perform the duties of his office, the supreme court may temporarily assign the duties of chancery court judge to be performed by a person who meets the qualifications set forth in W.S. 5-13-108. Any assignment shall be made to:
(i) A retired supreme court justice;
(ii) A retired district court judge; (iii) A member of a panel of up to five (5) active district court judges selected by the supreme court to serve as a chancery court judge on an ad hoc basis;
(iv) A special master; or
(v) A magistrate.
(b) Beginning January 1, 2025, the office of judge of the chancery court and any vacancies therein shall be filled as provided by W.S. 5-13-107.
5-13-110. Delivery of official records and papers to successor in office.
If the office of judge of the chancery court becomes vacant by reason of death, removal from office or otherwise, the senior chancery court judge, or if there is none, the clerk of the chancery court, shall take charge of the official records and papers of the judge and deliver them to the successor in office of that judge.
5-13-111. Jurisdiction of successor is same as that of predecessor in office.
A judge of the chancery court with whom the records of his predecessor have been deposited has the same jurisdiction over all actions and proceedings entered in the records as if they were originally commenced before him.
5-13-112. Salaries of judges; traveling expenses.
Chancery court judges shall receive the annual salary provided by W.S. 5-1-110(a)(iv). When a new salary is effective for any judge of the chancery court upon new appointment or the commencement of a new term, it shall be effective for all judges of the chancery court. In addition to salary, a judge of the chancery court shall be reimbursed for traveling expenses actually incurred when the business of the chancery court requires his attendance more than five (5) miles from the place where he regularly holds court.
5-13-113. Oath.
Before assuming the duties of his office, a judge of the chancery court shall take and subscribe before a supreme court justice the oath of office prescribed by the constitution of Wyoming.
5-13-114. Process extends throughout state.
The process of the chancery court shall extend throughout the state.
5-13-115. Purpose and jurisdiction.
(a) The chancery court shall be a court of limited jurisdiction established for the expeditious resolution of disputes involving commercial, business, trust and similar issues. The chancery court shall employ nonjury trials, alternative dispute resolution methods and limited motions practice and shall have broad authority to shape and expedite discovery as provided in the rules adopted by the supreme court to govern chancery courts.
(b) The chancery court shall have jurisdiction to hear and decide actions for equitable or declaratory relief and for actions where the prayer for money recovery is an amount exceeding fifty thousand dollars ($50,000.00), exclusive of claims for punitive or exemplary damages, prejudgment or post judgment interest, costs and attorney fees provided the cause of action arises from at least one (1) of the following:
(i) Breach of contract;
(ii) Breach of fiduciary duty;
(iii) Fraud;
(iv) Misrepresentation;
(v) A statutory or common law violation involving:
(A) The sale of assets or securities;
(B) A corporate restructuring;
(C) A partnership, shareholder, joint venture or other business agreement;
(D) Trade secrets; or (E) Employment agreements not including claims that principally involve alleged discriminatory practices.
(vi) Transactions governed by the Uniform Commercial Code;
(vii) Shareholder derivative actions. The monetary threshold set forth in this subsection shall not apply to actions brought under this paragraph;
(viii) Commercial class actions;
(ix) Business transactions involving or arising out of dealings with commercial banks and other financial institutions;
(x) A dispute concerning the internal affairs of business organizations;
(xi) A dispute concerning environmental insurance coverage;
(xii) A dispute concerning commercial insurance coverage;
(xiii) Dissolution of corporations, partnerships, limited liability companies, limited liability partnerships, joint ventures, banks and trust companies. The monetary threshold set forth in this subsection shall not apply to actions brought under this paragraph;
(xiv) Transactions governed by the Wyoming Uniform Trust Code;
(xv) Applications to stay or compel arbitration and affirm or disaffirm arbitration awards and related injunctive relief or appeals pursuant to W.S. 1-21-801 through 1-21-804 or