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Wyoming Notice of Appeal

Wyoming has no intermediate court of appeals, so whether your notice goes to the district court or straight to the Wyoming Supreme Court depends on which trial court entered the judgment.

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Introduction

In Wyoming, a notice of appeal from a final civil judgment is due within 30 days from entry of the appealable order, not from when the judgment is served on or received by a party; the notice is filed with the clerk of the trial court and concurrently served on every other party under Wyo.R.Civ.P. Rule 5 (Wyo. R. App. P. 2.01(a)). Wyoming courts have held the clock runs from entry regardless of when a party actually receives the judgment (Dep't of Revenue & Taxation v. Irvine, 589 P.2d 1295 (Wyo. 1979)). A timely motion under Rule 50(b) (judgment as a matter of law), Rule 52(b) (amended or additional findings), or Rule 59 (a new trial, or to alter or amend the judgment), Wyo.R.Civ.P., stops the clock for every party; the full 30 days restarts from entry of the order ruling on the motion, or, if none is entered, from when the motion is deemed denied (Wyo. R. App. P. 2.02(a)-(c)). A motion to reconsider that does not meet a Rule 59 motion's substance does not toll the deadline (Sherman v. Rose, 943 P.2d 719 (Wyo. 1997)). The deadline is jurisdictional and generally cannot be extended (Yeager v. Forbes, 78 P.3d 241 (Wyo. 2003)), but Wyoming keeps one narrow safety valve most no-extension states lack: on a showing of excusable neglect, the trial court may extend the filing deadline if the application, including a proposed notice of appeal and the docketing fee or an in forma pauperis motion, is filed before 45 days have passed from entry of the order, and the application is deemed denied if the court does not grant it within 14 days of filing (Wyo. R. App. P. 2.01(a)(1)). Excusable neglect is read strictly and does not include ignorance of the rules (Crossan v. Irrigation Dev. Corp., 598 P.2d 812 (Wyo. 1979)). Wyoming has no intermediate court of appeals: a district-court civil judgment is appealed directly to the Wyoming Supreme Court, while a circuit-court civil judgment, including every small-claims case, is instead appealed to the district court of the same county, with any further Wyoming Supreme Court review available only through a discretionary writ of certiorari (Wyo. R. App. P. 1.02(a), 1.04(a)-(b); Wyo. Stat. Ann. 5-2-119). The notice must specify the appealing party, identify the judgment or order appealed from, name the court appealed to, and include the certificate Rule 2.05(a) requires about the transcript; Wyoming publishes no official civil notice-of-appeal form, so this document is drafted to satisfy Rule 2.07 directly. Filing generally requires a one hundred dollar docketing fee for an appeal from a circuit court (Wyo. Stat. Ann. 5-3-206(a)(x); confirm the current fee with the clerk); the fee for an appeal from a district court to the Wyoming Supreme Court is set by court order rather than fixed in the rule text, so confirm that amount with the clerk as well. Wyoming's civil in forma pauperis rule is narrower than most states': a court may waive the fee only if IFP status is permitted by a specific statute or constitutional right, not for financial need alone (Wyo. R. App. P. 2.09(b)). Filing the notice does not by itself stop collection of the judgment: Wyo.R.Civ.P. 62(a) gives only a 14-day automatic stay after entry, and a longer stay requires a court-approved supersedeas bond, capped by statute at two million dollars where all appellants are individuals or have fifty or fewer employees and twenty five million dollars in any other action, though a higher bond may be required if the appellee proves dissipation of assets (Wyo.R.Civ.P. 62(d); Wyo. Stat. Ann. 1-17-201(a)). A small-claims appeal uses this same 30-day notice and deadline, but the district court's review is confined to questions of law on the existing record; it is not a new trial. This page covers a civil appeal from a trial court judgment. Criminal, administrative-agency, federal-court, and interlocutory appeals follow separate rules and are not covered here. Attorney review is available before you file.

Key Things to Know

  1. 1

    The notice of appeal is due 30 days from entry of the appealable order, not from service on or receipt by a party (Wyo. R. App. P. 2.01(a)). A timely motion under Rule 50(b), Rule 52(b), or Rule 59, Wyo.R.Civ.P., stops the clock for every party, and the full 30 days restarts from entry of the order ruling on the motion, or from when the motion is deemed denied (Wyo. R. App. P. 2.02(a)-(c)); a motion to reconsider that does not meet Rule 59's substance does not toll it (Sherman v. Rose, 943 P.2d 719 (Wyo. 1997)).

  2. 2

    The deadline is jurisdictional and generally cannot be extended, but Wyoming allows one narrow exception: on a showing of excusable neglect, the trial court may extend the filing deadline if the application, including a proposed notice of appeal and the docketing fee or an in forma pauperis motion, is filed before 45 days have passed from entry, and it is deemed denied if the court does not grant it within 14 days (Wyo. R. App. P. 2.01(a)(1)). Ignorance of the rules is not excusable neglect (Crossan v. Irrigation Dev. Corp., 598 P.2d 812 (Wyo. 1979)). A cross-appeal may instead be filed within 15 days after the first notice of appeal, if later (Wyo. R. App. P. 2.01(a)(2)).

  3. 3

    File the notice with the clerk of the trial court that entered the judgment and concurrently serve it on every other party under Wyo.R.Civ.P. Rule 5 (Wyo. R. App. P. 2.01(a)). Wyoming has no intermediate court of appeals: a district-court judgment goes directly to the Wyoming Supreme Court, while a circuit-court judgment, including small claims, goes to the district court of the same county, with any further Supreme Court review only by discretionary writ of certiorari (Wyo. R. App. P. 1.02(a), 1.04(a)-(b); Wyo. Stat. Ann. 5-2-119).

  4. 4

    The notice must specify the appealing party, identify the judgment or order appealed from, name the court appealed to, and include a Rule 2.05(a) certificate about the transcript, IFP status, or an alternative statement of the evidence (Wyo. R. App. P. 2.07(a), 2.05(a)). In a civil case, an appendix must also list, without attaching, the claim-asserting pleadings, the orders and judgments disposing of claims, and the judgment or final order appealed from (Wyo. R. App. P. 2.07(b)).

  5. 5

    Wyoming publishes no official civil notice-of-appeal form. The self-help forms page offers only criminal notice-of-appeal packets; a civil litigant drafts a notice that satisfies Rule 2.07 directly.

  6. 6

    An appeal from a circuit court generally requires a one hundred dollar docketing fee (Wyo. Stat. Ann. 5-3-206(a)(x); confirm the current fee with the clerk). The fee for an appeal from a district court to the Wyoming Supreme Court is set by court order rather than fixed in rule text, so confirm that amount with the clerk too. Civil in forma pauperis status is available only where a specific statute or constitutional right permits it, not for financial need alone (Wyo. R. App. P. 2.09(b)); if IFP is denied, the appellant has 30 days from denial to pay the fee (Wyo. R. App. P. 2.09(c)).

  7. 7

    Filing the notice does not by itself stop collection of the judgment. Wyo.R.Civ.P. 62(a) gives only a 14-day automatic stay after entry; a longer stay requires a court-approved supersedeas bond, capped by statute at two million dollars where all appellants are individuals or have fifty or fewer employees and twenty five million dollars in any other action, though a higher bond may be required if the appellee proves dissipation of assets (Wyo.R.Civ.P. 62(d); Wyo. Stat. Ann. 1-17-201(a)). A small-claims appeal uses this same 30-day notice and deadline, but the district court reviews only questions of law on the existing record; it is not a new trial (Rules and Forms Governing Small Claims Cases, Rule 7).

Key decisions before you file

Before you file a Notice of Appeal in Wyoming, a few decisions shape the document: which option to choose and what each one means. The Notice of Appeal guide walks through them.

Open the Notice of Appeal guide

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Wyoming Requirements for Notice of Appeal

  • 30-Day Deadline Runs From Entry, Not Service

    The notice of appeal must be filed within 30 days from entry of the appealable order, not from when the judgment is served on or received by a party (Wyo. R. App. P. 2.01(a)).

  • Tolling Motions Restart the Full 30 Days

    A timely motion under Rule 50(b), Rule 52(b), or Rule 59, Wyo.R.Civ.P., stops the clock for every party, and the full 30 days restarts from entry of the order ruling on the motion, or from when the motion is deemed denied (Wyo. R. App. P. 2.02(a)-(c)).

  • Narrow 45-Day Excusable-Neglect Extension

    On a showing of excusable neglect, the trial court may extend the filing deadline if the application, including a proposed notice of appeal and the docketing fee or an in forma pauperis motion, is filed before 45 days have passed from entry, and it is deemed denied if the court does not grant it within 14 days (Wyo. R. App. P. 2.01(a)(1)).

  • No Intermediate Court of Appeals

    A district-court civil judgment is appealed directly to the Wyoming Supreme Court, while a circuit-court civil judgment, including small claims, is appealed instead to the district court of the same county, with further Supreme Court review available only by discretionary writ of certiorari (Wyo. R. App. P. 1.02(a), 1.04(a)-(b); Wyo. Stat. Ann. 5-2-119).

  • Filed With the Trial Court and Concurrently Served

    The notice is filed with the clerk of the trial court that entered the judgment and must be concurrently served on every other party under Wyo.R.Civ.P. Rule 5 (Wyo. R. App. P. 2.01(a)).

  • Rule 2.05(a) Transcript Certificate Required

    The notice must include a certificate stating whether appellant has arranged payment for the transcript, filed an in forma pauperis motion, or will instead rely on a Rule 3.03 statement of evidence or a Rule 3.08 agreed statement (Wyo. R. App. P. 2.05(a)).

  • No Official Civil Notice-of-Appeal Form

    Wyoming's self-help forms page offers only criminal notice-of-appeal packets; a civil litigant drafts a notice that satisfies Wyo. R. App. P. 2.07 directly.

  • Civil In Forma Pauperis Status Is Restricted

    A court may waive the docketing fee only where in forma pauperis status is permitted by a specific statute or constitutional right, not for financial need alone; if IFP is denied, the appellant has 30 days from denial to pay the fee (Wyo. R. App. P. 2.09(b)-(c)).

  • No Stay Without a Supersedeas Bond

    Wyo.R.Civ.P. 62(a) gives only a 14-day automatic stay after entry; a longer stay requires a court-approved supersedeas bond, capped by statute at two million dollars where all appellants are individuals or have fifty or fewer employees and twenty five million dollars in any other action, though a higher bond may be required if the appellee proves dissipation of assets (Wyo.R.Civ.P. 62(d); Wyo. Stat. Ann. 1-17-201(a)).

Frequently Asked Questions