reglab/statecodes huggingface dataset:
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 36 - Arbitration › Section 1-36-114 - When Court to Vacate Award.

1-36-114. When court to vacate award.
(a) Upon application of a party the court shall vacate an award where:
(i) The award was procured by corruption, fraud or other undue means;
(ii) There was evident partiality by an arbitrator appointed as a neutral, corruption of any of the arbitrators or misconduct prejudicing the rights of any party;
(iii) The arbitrators exceeded their powers;
(iv) The arbitrators refused to postpone the hearing upon sufficient cause being shown, refused to hear evidence material to the controversy or otherwise conducted the hearing as to prejudice substantially the rights of a party; or
(v) There was no arbitration agreement, the issue was not adversely determined by a court as provided by law and the applicant did not participate in the arbitration hearing without raising the objection. The fact that the relief was such that it could not or would not be granted by a court of law or equity is not a ground for vacating or refusing to confirm the award.
(b) An application for vacating an award shall be made within ninety (90) days after delivery of a copy of the award to the applicant, or if predicated upon corruption, fraud or other undue means it shall be made within ninety (90) days after the grounds are known or should have been known.
(c) In vacating the award on grounds other than stated in paragraph (a)(v) of this section the court may order a rehearing before new arbitrators chosen as provided in the agreement or by the court in accordance with W.S. 1-36-105. If the award is vacated on grounds set forth in paragraph (a)(iii) or (iv) of this section the court may order a rehearing before the arbitrators who made the award or their successors appointed in accordance with W.S. 1-36-105. The time within which the agreement requires the award to be made is applicable to the rehearing and commences from the date of the order.
(d) If the application to vacate is denied and no motion to modify or correct the award is pending, the court shall confirm the award.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 36 - Arbitration › Section 1-36-115 - When Court to Modify or Correct Award.

1-36-115. When court to modify or correct award.
(a) Upon application made within ninety (90) days after delivery of a copy of the award to the applicant, the court shall modify or correct the award where:
(i) There was an evident miscalculation of figures or an evident mistake in the description of any person or property referred to in the award;
(ii) The arbitrators awarded upon a matter not submitted to them and the award may be corrected without affecting the merits of the decision upon the issues submitted; or
(iii) The award is imperfect in a matter of form, not affecting the merits of the controversy.
(b) If the application is granted, the court shall modify and correct the award as to intent and shall confirm the award as so modified and corrected. Otherwise the court shall confirm the award as made.
(c) An application to modify or correct an award may be joined in the alternative with an application to vacate the award.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 36 - Arbitration › Section 1-36-116 - Judgment Upon Granting Order Confirming, Modifying or Correcting Award; Costs and Disbursements.

1-36-116. Judgment upon granting order confirming, modifying or correcting award; costs and disbursements.
Upon the granting of an order confirming, modifying or correcting an award, the judgment shall conform and be enforced as any other judgment. Costs of the application, proceedings and disbursements may be awarded by the court.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 36 - Arbitration › Section 1-36-117 - Application to Court to Be by Motion; Notice and Hearing to Be in Manner Provided by Law.

1-36-117. Application to court to be by motion; notice and hearing to be in manner provided by law.
An application to the court for relief shall be by motion and shall be heard in the manner provided by law or rule of court. Notice of an initial application for an order shall be served in the manner provided by law for the service of a summons in an action unless otherwise specified by the parties.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 36 - Arbitration › Section 1-36-118 - Venue Upon Initial and Subsequent Applications.

1-36-118. Venue upon initial and subsequent applications.
An initial application shall be made to the court of the county in which the agreement provides the arbitration hearing shall be held. Otherwise the application shall be made in the county where the adverse party resides or has a place of business or, if he has no residence or place of business in this state, to the court of the county where the adverse party can be served. All subsequent applications shall be made to the court hearing the initial application unless the court otherwise directs.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 36 - Arbitration › Section 1-36-119 - Appeals.

1-36-119. Appeals.
(a) An appeal may be taken from:
(i) An order denying the application to compel arbitration;
(ii) An order granting an application to stay arbitration;
(iii) An order confirming or denying confirmation of an award;
(iv) An order modifying or correcting an award;
(v) An order vacating an award without directing a rehearing; or
(vi) A final judgment or decree entered by the court.
(b) The appeal shall be taken in the manner of a civil action.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 37 - Declaratory Judgments › Section 1-37-102 - Scope and General Consideration.

1-37-102. Scope and general consideration.
Courts of record within their respective jurisdictions may declare rights, status and other legal relations whether or not further relief is or could be claimed. No proceeding is open to objection on the ground that a declaratory judgment or decree is prayed for. The declaration may be either affirmative or negative in form and effect, and such declarations shall have the effect of a final judgment.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 37 - Declaratory Judgments › Section 1-37-103 - Right of Interested Party to Have Determination Made.

1-37-103. Right of interested party to have determination made.
Any person interested under a deed, will, written contract or other writings constituting a contract, or whose rights, status or other legal relations are affected by the Wyoming constitution or by a statute, municipal ordinance, contract or franchise, may have any question of construction or validity arising under the instrument determined and obtain a declaration of rights, status or other legal relations.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 37 - Declaratory Judgments › Section 1-37-105 - Fiduciary's Rights to Be Construed.

1-37-105. Fiduciary's rights to be construed.
(a) Any person interested as or through an executor, administrator, trustee, guardian or other fiduciary, creditor, devisee, legatee, heir, next of kin, or beneficiary of a trust, in the administration of a trust, or of the estate of a decedent, a minor or person under legal disability, may have a declaration of rights or other legal relations in respect thereto:
(i) To ascertain any class of creditors, devisees, legatees, heirs, next of kin or others;
(ii) To direct the executors, administrators or trustees to do or abstain from doing any particular act in their fiduciary capacity; or
(iii) To determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 37 - Declaratory Judgments › Section 1-37-107 - Enumeration Not Exclusive.

1-37-107. Enumeration not exclusive.
The enumeration in W.S. 1-37-103 through 1-37-106 does not limit or restrict the exercise of the general powers conferred in W.S. 1-37-102 in any proceeding where declaratory relief is sought, in which a judgment or decree will terminate the controversy or remove an uncertainty.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 37 - Declaratory Judgments › Section 1-37-110 - Supplemental Relief.

1-37-110. Supplemental relief.
Further relief based on a declaratory judgment may be granted. Application therefor shall be by petition to a court having jurisdiction to grant the relief. If the application is sufficient the court, on reasonable notice, shall require any adverse party whose rights have been adjudicated by the declaratory judgment to show cause why further relief should not be granted.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 37 - Declaratory Judgments › Section 1-37-113 - Parties Generally; Proceedings Involving Validity of Ordinance or Franchise.

1-37-113. Parties generally; proceedings involving validity of ordinance or franchise.
When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding. In any proceeding which involves the validity of a municipal ordinance or franchise, the municipality shall be made a party and may be heard. If the statute, ordinance or franchise is alleged to be unconstitutional, the attorney general of the state shall be served with a copy of the proceeding and may be heard.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 37 - Declaratory Judgments › Section 1-37-114 - Construction of Chapter.

1-37-114. Construction of chapter.
The Uniform Declaratory Judgments Act is remedial. Its purpose is to settle and to afford relief from uncertainty and insecurity with respect to legal relations, and is to be liberally construed and administered.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 38 - Wrongful Death › Section 1-38-101 - Actions for Wrongful Death Which Survive; Proceedings Against Executor or Administrator of Person Liable.

1-38-101. Actions for wrongful death which survive; proceedings against executor or administrator of person liable.
Whenever the death of a person is caused by wrongful act, neglect or default such as would have entitled the party injured to maintain an action to recover damages if death had not ensued, the person who would have been liable if death had not ensued is liable in an action for damages, even though the death was caused under circumstances as amount in law to murder in the first or second degree or manslaughter. If the person liable dies, the action may be brought against the executor or administrator of his estate. If he left no estate within the state of Wyoming, the court may appoint an administrator upon application.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 38 - Wrongful Death › Section 1-38-102 - Action to Be Brought by Wrongful Death Representative; Recovery Exempt From Debts; Measure and Element of Damages; Limitation of Action.

1-38-102. Action to be brought by wrongful death representative; recovery exempt from debts; measure and element of damages; limitation of action.
(a) Every wrongful death action under W.S. 1-38-101 shall be brought by and in the name of the decedent's wrongful death representative for the exclusive benefit of beneficiaries who have sustained damage.
(b) If the decedent left a husband, wife, child, father or mother, no debt of the decedent may be satisfied out of the proceeds of any judgment obtained in any action for wrongful death or out of the proceeds of any settlement of a wrongful death claim.
(c) The court or jury, as the case may be, may award such damages, pecuniary and exemplary, as shall be deemed fair and just. Every person for whose benefit an action for wrongful death is brought may prove his respective damages, and the court or jury may award such person that amount of damages to which it considers such person entitled, including damages for loss of probable future companionship, society and comfort.
(d) An action for wrongful death shall be commenced within two (2) years after the death of the decedent.
(e) The court appointing the wrongful death representative may approve a settlement of a wrongful death action or a wrongful death claim and resolve disputes relating to the allocation of settlement proceeds.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 38 - Wrongful Death › Section 1-38-103 - Appointment of Wrongful Death Representative.

1-38-103. Appointment of wrongful death representative.
(a) The wrongful death representative may be appointed by the district court in the county in which:
(i) The decedent resided;
(ii) The decedent died;
(iii) The claim for relief or some part of the claim for relief arose; or
(iv) A defendant resides or may be summoned.
(b) The district court may appoint the wrongful death representative at any time after the decedent's death. The appointment shall be made in a separate action brought solely for appointing the wrongful death representative. In any action in which appointment of the wrongful death representative is sought, any person claiming to qualify under W.S. 1-38-104(a) may intervene as a matter of right. After an action to appoint the wrongful death representative is filed:
(i) No subsequent action for appointment may be maintained; and
(ii) If an action to appoint the wrongful death representative is properly filed, the limitation period under W.S. 1-38-102(d) and any other applicable limitation periods shall be tolled from the time the action is filed until thirty (30) days after an order appointing the wrongful death representative is entered.
(c) The appointment of the wrongful death representative is a procedural device intended to provide a representative to investigate and bring an action under W.S. 1-38-101. Irregularities in the manner or method of appointment are not jurisdictional.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 38 - Wrongful Death › Section 1-38-104 - Factors for Determining Wrongful Death Representative.

1-38-104. Factors for determining wrongful death representative.
(a) In appointing the wrongful death representative, the court shall determine the person who will best represent the interests of the potential beneficiaries of the action as a whole.
(b) In determining whether the best interests of potential beneficiaries as a whole will be served by appointment of the wrongful death representative, the court shall consider:
(i) The familial or other relationship of the person making application to the decedent;
(ii) The interests of the person making application in relation to the interests of other potential beneficiaries as a whole;
(iii) Actions taken to secure appointment as the wrongful death representative and to protect the interests of all potential beneficiaries;
(iv) Such other factors as the court deems relevant.
(c) No appeal shall be allowed from an order appointing the wrongful death representative. The court, however, may entertain a motion to reconsider an appointment of the wrongful death representative.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 38 - Wrongful Death › Section 1-38-105 - Notice.

1-38-105. Notice.
(a) Within thirty (30) days of the filing of an action to appoint the wrongful death representative, the plaintiff shall cause to be published once a week for three (3) consecutive weeks in a daily or weekly newspaper of general circulation in the county in which the decedent resided at the time of death, a notice that an action to appoint the wrongful death representative has been instituted and that any person claiming to qualify under W.S. 1-38-104(a) may intervene as a matter of right.
(b) Within sixty (60) days after appointment, the wrongful death representative shall file with the court a report listing all reasonably ascertainable beneficiaries. The report shall set forth all reasonable efforts made by the wrongful death representative to notify such beneficiaries of the wrongful death representative's appointment.
(c) Irregularities in the manner or method of giving notice under this section are not jurisdictional.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 39 - Governmental Claims › Section 1-39-102 - Purpose.

1-39-102. Purpose.
(a) The Wyoming legislature recognizes the inherently unfair and inequitable results which occur in the strict application of the doctrine of governmental immunity and is cognizant of the Wyoming Supreme Court decision of Oroz v. Board of County Commissioners 575 P. 2d 1155 (1978). It is further recognized that the state and its political subdivisions as trustees of public revenues are constituted to serve the inhabitants of the state of Wyoming and furnish certain services not available through private parties and, in the case of the state, state revenues may only be expended upon legislative appropriation. This act is adopted by the legislature to balance the respective equities between persons injured by governmental actions and the taxpayers of the state of Wyoming whose revenues are utilized by governmental entities on behalf of those taxpayers. This act is intended to retain any common law defenses which a defendant may have by virtue of decisions from this or other jurisdictions.
(b) In the case of the state, this act abolishes all judicially created categories such as "governmental" or "proprietary" functions and "discretionary" or "ministerial" acts previously used by the courts to determine immunity or liability. This act does not impose nor allow the imposition of strict liability for acts of governmental entities or public employees.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 39 - Governmental Claims › Section 1-39-103 - Definitions.

1-39-103. Definitions.
(a) As used in this act:
(i) "Governmental entity" means the state, University of Wyoming or any local government;
(ii) "Local government" means cities and towns, counties, school districts, joint powers boards, airport boards, public corporations, community college districts, special districts and their governing bodies, all political subdivisions of the state, and their agencies, instrumentalities and institutions, and governmental entities of another state but only while physically present in the state of Wyoming and while in the course of operating a cooperative public transportation program as defined by W.S. 16-1-104(f);
(iii) "Peace officer" means as defined by W.S. 7-2-101, but does not include those officers defined by W.S. 7-2-101(a)(iv)(K) or those officers defined by W.S. 7-2-101(a)(iv)(M) unless otherwise provided in the applicable mutual aid agreement;
(iv) "Public employee":
(A) Means any officer, employee or servant of a governmental entity, including elected or appointed officials, peace officers and persons acting on behalf or in service of a governmental entity in any official capacity, whether with or without compensation;
(B) Does not include an independent contractor, except as provided in subparagraphs (C) and (F) of this paragraph, or a judicial officer exercising the authority vested in him;
(C) Includes contract physicians, physician assistants, nurses, optometrists and dentists in the course of providing contract services for state institutions or county jails;
(D) Includes individuals engaged in search and rescue operations under the coordination of a county sheriff pursuant to W.S. 18-3-609(a)(iii);
(E) Includes any volunteer physician providing medical services under W.S. 9-2-103(a)(i)(C);
(F) Includes contract attorneys in the course of providing contract services for the office of guardian ad litem as provided in W.S. 14-12-104;
(G) Includes any health care provider, as defined by W.S. 35-31-101(a)(iii), and any individual included in the definition of medical facility in W.S. 35-31-101(a)(v), under a contract with the state to deliver volunteer health care services to low income persons under W.S. 35-31-101 through 35-31-103 while providing the contracted services. Nothing in this subparagraph alters the requirement that any action for damages shall be brought against the state of Wyoming as provided by W.S. 35-31-102(g).
(v) "Scope of duties" means performing any duties which a governmental entity requests, requires or authorizes a public employee to perform regardless of the time and place of performance;
(vi) "State" or "state agency" means the state of Wyoming or any of its branches, agencies, departments, boards, instrumentalities or institutions;
(vii) Repealed by Laws 2017, ch. 41, 2.
(viii) "Governmental entity of another state" means any state and its political subdivisions, agencies, instrumentalities and institutions and any local government entity within another state;
(ix) "This act" means W.S. 1-39-101 through 1-39-120.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 39 - Governmental Claims › Section 1-39-104 - Granting Immunity From Tort Liability; Liability on Contracts; Exceptions.

1-39-104. Granting immunity from tort liability; liability on contracts; exceptions.
(a) A governmental entity and its public employees while acting within the scope of duties are granted immunity from liability for any tort except as provided by W.S. 1-39-105 through 1-39-112. Any immunity in actions based on a contract entered into by a governmental entity is waived except to the extent provided by the contract if the contract was within the powers granted to the entity and was properly executed and except as provided in W.S. 1-39-120(b). The claims procedures of W.S. 1-39-113 apply to contractual claims against governmental entities.
(b) When liability is alleged against any public employee, if the governmental entity determines he was acting within the scope of his duty, whether or not alleged to have been committed maliciously or fraudulently, the governmental entity shall provide a defense at its expense.
(c) A governmental entity shall assume and pay a judgment entered under this act against any of its public employees, provided:
(i) The act or omission upon which the claim is based has been determined by a court or jury to be within the public employee's scope of duties;
(ii) The payment for the judgment shall not exceed the limits provided by W.S. 1-39-118; and
(iii) All appropriate appeals from the judgment have been exhausted or the time has expired when appeals may be taken.
(d) A governmental entity shall assume and pay settlements of claims under this act against its public employees in accordance with W.S. 1-39-115, 1-41-106 or 1-42-204.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 39 - Governmental Claims › Section 1-39-105 - Liability; Operation of Motor Vehicles, Aircraft and Watercraft.

1-39-105. Liability; operation of motor vehicles, aircraft and watercraft.
A governmental entity is liable for damages resulting from bodily injury, wrongful death or property damage caused by the negligence of public employees while acting within the scope of their duties in the operation of any motor vehicle, aircraft or watercraft.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 39 - Governmental Claims › Section 1-39-106 - Liability; Buildings, Recreation Areas and Public Parks.

1-39-106. Liability; buildings, recreation areas and public parks.
A governmental entity is liable for damages resulting from bodily injury, wrongful death or property damage caused by the negligence of public employees while acting within the scope of their duties in the operation or maintenance of any building, recreation area or public park.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 39 - Governmental Claims › Section 1-39-107 - Liability; Airports.

1-39-107. Liability; airports.
(a) A governmental entity is liable for damages resulting from bodily injury, wrongful death or property damage caused by the negligence of public employees while acting within the scope of their duties in the operation of airports.
(b) The liability imposed pursuant to subsection (a) of this section does not include liability for damages due to the existence of any condition arising out of compliance with any federal or state law or regulation governing the use and operation of airports.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 39 - Governmental Claims › Section 1-39-108 - Liability; Public Utilities.

1-39-108. Liability; public utilities.
(a) A governmental entity is liable for damages resulting from bodily injury, wrongful death or property damage caused by the negligence of public employees while acting within the scope of their duties in the operation of public utilities and services including gas, electricity, water, solid or liquid waste collection or disposal, heating and ground transportation.
(b) The liability imposed pursuant to subsection (a) of this section does not include liability for damages resulting from bodily injury, wrongful death or property damage caused by a failure to provide an adequate supply of gas, water, electricity or services as described in subsection (a) of this section.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 39 - Governmental Claims › Section 1-39-109 - Liability; Medical Facilities.

1-39-109. Liability; medical facilities.
(a) Except as provided in subsection (b) of this section, a governmental entity is liable for damages resulting from bodily injury, wrongful death or property damage caused by the negligence of public employees while acting within the scope of their duties in the operation of any public hospital or in providing public outpatient health care.
(b) The state of Wyoming is solely liable for damages resulting from, and the sole responsible party for, bodily injury or wrongful death to a patient treated under the provisions of W.S. 35-31-101 through 35-31-103 caused by the negligence of a health care provider or a medical facility while performing health care services pursuant to a contract to deliver volunteer health services under W.S. 35-31-101 through 35-31-103.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 39 - Governmental Claims › Section 1-39-110 - Liability; Health Care Providers.

1-39-110. Liability; health care providers.
(a) A governmental entity is liable for damages resulting from bodily injury, wrongful death or property damage caused by the medical malpractice of health care providers who are employees of the governmental entity, including contract physicians, physician assistants, nurses, optometrists and dentists who are providing a service for state institutions or county jails, while acting within the scope of their duties.
(b) Notwithstanding W.S. 1-39-118(a), for claims under this section against a physician, physician assistant, nurse, optometrist or dentist who is employed by a governmental entity or who is deemed to be a public employee of the state by virtue of a contract pursuant to W.S. 35-31-101 through 35-31-103, based upon an act, error or omission occurring on or after May 1, 1988, the liability of a governmental entity shall not exceed the sum of one million dollars ($1,000,000.00) to any claimant for any number of claims arising out of a single transaction or occurrence nor exceed the sum of one million dollars ($1,000,000.00) for all claims of all claimants arising out of a single transaction or occurrence.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 39 - Governmental Claims › Section 1-39-113 - Claims Procedure.

1-39-113. Claims procedure.
(a) No action shall be brought under this act against a governmental entity unless the claim upon which the action is based is presented to the entity as an itemized statement in writing within two (2) years of the date of the alleged act, error or omission, except that a cause of action may be instituted not more than two (2) years after discovery of the alleged act, error or omission, if the claimant can establish that the alleged act, error or omission was:
(i) Not reasonably discoverable within a two (2) year period; or
(ii) The claimant failed to discover the alleged act, error or omission within the two (2) year period despite the exercise of due diligence.
(b) The claim shall state:
(i) The time, place and circumstances of the alleged loss or injury including the name of the public employee involved, if known;
(ii) The name, address and residence of the claimant and his representative or attorney, if any; and
(iii) The amount of compensation or other relief demanded.
(c) All claims against the state shall be presented to the general services division of the department of administration and information. Claims against any other governmental entity shall be filed at the business office of that entity. In the case of claims against local governments the claim submitted need not be acted upon by the entity prior to suit. For purposes of this section, "business office" means:
(i) The county clerk of a county, including its agencies, instrumentalities and institutions;
(ii) The city or town clerk of a city or town, including its agencies, instrumentalities and institutions;
(iii) The secretary of a joint powers board, airport board, public corporation, community college district board of trustees or special district;
(iv) The superintendent of a school district;
(v) The president of the University of Wyoming.
(d) In any action under this act, the complaint shall state:
(i) That the claim required under subsection (c) of this section was filed in accordance with this section;
(ii) The date the claim under subsection (c) of this section was filed;
(iii) That the claim was in compliance with the signature and certification requirements of article 16, section 7 of the Wyoming Constitution.
(e) In any claim filed with a governmental entity under this act, the claim shall be signed by the claimant under oath in substantially the following format:
I, ______________, have read and understand the provisions of the false swearing statute. I hereby certify under penalty of false swearing that the foregoing claim, including all of its attachments, if any, is true and accurate.
______________________ __________________
Signature of Claimant Date
______________________
Printed Name of Claimant
STATE OF WYOMING )
) ss.
COUNTY OF _____________ )
Subscribed and sworn to before me, a Notarial Officer, this ... day of ....., . ...
__________________________
Notarial Officer
My Commission Expires: (Seal).
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 39 - Governmental Claims › Section 1-39-114 - Statute of Limitations.

1-39-114. Statute of limitations.
Except as otherwise provided, actions against a governmental entity or a public employee acting within the scope of his duties for torts occurring after June 30, 1979 which are subject to this act shall be forever barred unless commenced within one (1) year after the date the claim is filed pursuant to W.S. 1-39-113. In the case of a minor seven (7) years of age or younger, actions against a governmental entity or public employee acting within the scope of his duties for torts occurring after June 30, 1979 which are subject to this act are forever barred unless commenced within two (2) years after occurrence or until his eighth birthday, whichever period is greater. In no case shall the statute of limitations provided in this section be longer than any other applicable statute of limitations. In the absence of applicable insurance coverage, if the claim was properly filed, the statute shall be tolled forty-five (45) days after a decision by the entity, if the decision was not made and mailed to the claimant within the statutory time limitation otherwise provided herein.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 39 - Governmental Claims › Section 1-39-115 - Settlement of Claims.

1-39-115. Settlement of claims.
(a) Upon receipt of a claim against the state which is covered by insurance, the general services division of the department of administration and information shall send the claim to the insurance company insuring the risk involved for investigation, adjustment, settlement and payment.
(b) A claim shall be settled only if the damage claimed was caused by such negligence on the part of the state or its public employees as might entitle the claimant to a judgment.
(c) Any person whose claim is rejected or who is unsatisfied with the settlement offered may commence an action in the appropriate court.
(d) Claims under this act which are not covered by insurance may be settled as provided by W.S. 1-41-106 or 1-42-204.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 39 - Governmental Claims › Section 1-39-116 - Exclusiveness of Remedy.

1-39-116. Exclusiveness of remedy.
(a) The remedy against a governmental entity as provided by this act is exclusive, and no other claim, civil action or proceeding for damages, by reason of the same transaction or occurrence which was the subject matter of the original claim, civil action or proceeding may be brought against the governmental entity. No rights of a governmental entity to contribution, indemnity or subrogation shall be impaired by this section. Nothing in this section prohibits any proceedings for mandamus, prohibition, habeas corpus, injunction or quo warranto.
(b) The judgment in an action or a settlement under this act constitutes a complete bar to any action by the claimant, by reason of the same transaction or occurrence which was the subject matter of the original suit or claim, against the governmental entity or the public employee whose negligence gave rise to the claim.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 39 - Governmental Claims › Section 1-39-117 - Jurisdiction; Appeals; Venue; Trial by Jury; Liability Insurance.

1-39-117. Jurisdiction; appeals; venue; trial by jury; liability insurance.
(a) Original and exclusive jurisdiction for any claim filed in state court under this act shall be in the district courts of Wyoming except that claims or counterclaims in an action based on a contract entered into by a governmental entity may be brought in the chancery court if the contract provides that the chancery court shall be the venue for disputes arising under the contract and the claim or counterclaim is otherwise within the jurisdiction of the chancery court. Appeals may be taken as provided by law.
(b) Venue for any claim against the state or its public employees pursuant to this act shall be in the county in which the public employee resides or the cause of action arose or in Laramie county. Venue for all other claims pursuant to this act shall be in the county in which the defendant resides or in which the principal office of the governmental entity is located.
(c) The right to a trial by jury is preserved.
(d) If a governmental entity has elected to purchase liability insurance under this act, the court, in a trial without a jury, may be advised of the insurance.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 39 - Governmental Claims › Section 1-39-120 - Exclusions From Waiver of Immunity.

1-39-120. Exclusions from waiver of immunity.
(a) The liability imposed by W.S. 1-39-106 through 1-39-112 does not include liability for damages caused by:
(i) A defect in the plan or design of any bridge, culvert, highway, roadway, street, alley, sidewalk or parking area;
(ii) The failure to construct or reconstruct any bridge, culvert, highway, roadway, street, alley, sidewalk or parking area; or
(iii) The maintenance, including maintenance to compensate for weather conditions, of any bridge, culvert, highway, roadway, street, alley, sidewalk or parking area.
(b) Notwithstanding the waiver of immunity for tort liability provided by W.S. 1-39-105 through 1-39-112 or the waiver of immunity in actions based on contract provided by W.S. 1-39-104, a governmental entity and its public employees while acting within the scope of duties are immune from a civil action in tort, contract or otherwise alleging, in whole or in part, the improper seizure of property pursuant to W.S. 35-7-1049.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 40 - Crime Victims Compensation › Article 1 - In General › Section 1-40-104 - Division Powers and Duties.

1-40-104. Division powers and duties.
(a) The division shall:
(i) Hear and determine all matters relating to claims for compensation;
(ii) Publish annually a report showing its fiscal transactions for the preceding year, the amount of its accumulated cash and securities and a balance sheet showing its financial condition by means of an actuarial evaluation of commission assets and liabilities;
(iii) Keep a true and accurate record of all its proceedings, which record is open to public inspection at all reasonable hours;
(iv) Promulgate reasonable rules and regulations necessary to carry out the purpose of this act pursuant to the Wyoming Administrative Procedure Act;
(v) Perform any other functions necessary to carry out the purpose of this act;
(vi) Hearings and final decisions on victim's compensations awards conducted by the division shall be exempt from the Wyoming Administrative Procedure Act, including the provisions for judicial review under W.S. 16-3-114 and 16-3-115.
(b) In addition to any other powers specified by law, the division is empowered to:
(i) Request access to any reports of investigations, medical records or other data necessary to assist the division in making a determination of eligibility for compensation under this act. Upon authorization of the attorney general, law enforcement officials, state agencies and local government units shall provide assistance or information requested by the division;
(ii) Publicize the availability of compensation and information regarding the filing of claims;
(iii) Investigate claims;
(iv) Repealed By Laws 1998, ch. 81, 3.
(v) Subpoena witnesses, compel their attendance, require the production of records and other evidence, administer oaths or affirmations, conduct hearings and receive relevant evidence;
(vi) Apply for and accept and administer monies from the federal government, its agencies and all other sources, public and private, for carrying out any of its functions;
(vii) Collect, develop, analyze and maintain statistical information, records and reports as the division determines relevant or necessary to carry out its powers and duties pursuant to this act;
(viii) After exhausting all alternatives available in paragraphs (i), (iii), (v) and (vi) of this subsection, direct and pay for medical examinations of victims as the division determines necessary to verify claims of economic loss due to injury;
(ix) Collect all monies authorized by this act to be collected by the division; and
(x) Pay all compensation or other benefits that are determined to be due under this act and under division rules and regulations.
(c) Repealed By Laws 1998, ch. 81, 3.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 40 - Crime Victims Compensation › Article 1 - In General › Section 1-40-106 - Eligibility for Compensation.

1-40-106. Eligibility for compensation.
(a) The victim or his dependent is entitled to compensation under this act if:
(i) The victim suffered personal injury as a result of a criminal act;
(ii) Repealed by Laws 1989, ch. 233, 2.
(iii) The injury to or death of the victim was not attributable to his own wrongful act;
(iv) The appropriate law enforcement authorities were notified of the criminal act allegedly causing the injury to or death of the victim as soon as practical under the circumstance after perpetration of the offense and the claimant cooperates with appropriate law enforcement authorities with respect to the crime for which compensation is sought;
(v) The application for compensation is filed with the division within one (1) year after the date of the injury to or death of the victim, or within any extension of time the division allows for good cause shown; and
(vi) The owner of real estate has paid all claims for reimbursement pursuant to W.S. 35-9-158(a)(ii).
(b) No victim or dependent shall be denied compensation solely because:
(i) He is a relative of the offender or was living with the offender as a family or household member at the time of the injury or death. However, the division may award compensation to a victim or dependent who is a relative, family or household member of the offender only if the division can reasonably determine the offender will receive no economic benefit or unjust enrichment from the compensation;
(ii) He is not a resident of the state.
(c) Any person who perpetrates any criminal act on the person of another or who is convicted of a felony after applying to the division for compensation is not eligible or entitled to receive compensation under this act.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 40 - Crime Victims Compensation › Article 1 - In General › Section 1-40-107 - Application for Compensation; Required Information.

1-40-107. Application for compensation; required information.
(a) The application for compensation shall be on a form furnished by the division, setting forth:
(i) The victim's name and address;
(ii) If the victim is deceased, the claimant's name and address and his relationship to the victim, the names and addresses of the victim's dependents and the extent to which each is dependent;
(iii) The date and nature of the criminal act on which claim for compensation is based;
(iv) The date and place where and the law enforcement officials to whom notification of the criminal act was given;
(v) The nature and extent of the injuries the victim sustained and the names and addresses of those giving medical and hospitalization treatment to the victim;
(vi) The economic loss to the applicant and to all other persons as specified under paragraph (a)(ii) of this section resulting from the injury or death;
(vii) The amount and source of benefits, payments or awards, if any, payable to the applicant and dependents;
(viii) Releases authorizing the surrender to the division of all reports, medical records and other information relating to the claim and crime; and
(ix) Any other information the division reasonably requires.
(b) The division may require that materials substantiating the facts stated in the application be submitted with the application. If the division finds that an application does not contain the required information or that the facts stated therein have not been substantiated, it shall notify the applicant in writing of the specific additional items or information or materials required and that the applicant has thirty (30) days from the date of the notice in which to furnish those items to the division. The division shall reject the application of an applicant who although notified fails to file the requested information or substantiating materials within the time specified unless he requests, and the division grants, an extension of time in which to furnish that information.
(c) An applicant may file an amended application or additional substantiating materials to correct inadvertent errors or omissions at any time before the division disposes of the original application. In either case, the filing of additional information or of an amended application shall be considered to have been filed at the same time as the original application.
(d) Information contained in the claim files and records of victims, which are subject to any privilege of confidentiality under Wyoming law, shall remain confidential and shall not be open to public inspection. The information shall be immune from legal process and shall not, without the consent of the person furnishing the information, be admitted as evidence or used for any purpose in any action, suit or other judicial, legislative or administrative proceeding.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 40 - Crime Victims Compensation › Article 1 - In General › Section 1-40-108 - Hearing; Findings; Order.

1-40-108. Hearing; findings; order.
(a) Hearings shall be held on the application and are open to the public unless the division determines that a closed hearing is necessary because:
(i) The alleged assailant or offender has not been brought to trial and a public hearing would adversely affect either his apprehension or his trial;
(ii) The victim or alleged assailant is a minor;
(iii) An open hearing would cause trauma for the victim;
(iv) A public hearing would frustrate rather than further the interest of justice.
(b) A record shall be kept of the proceedings of hearings held before the division and shall include the division's findings of fact and conclusions of the amount of compensation, if any, to which the applicant and persons dependent on a deceased victim are entitled. No part of the record of any hearing before the division may be used for any purpose in a criminal proceeding except in the prosecution of a person alleged to have perjured himself in his testimony before the division.
(c) At the conclusion of the hearing, the division shall enter an order stating:
(i) Its findings of fact;
(ii) Its decision as to whether or not compensation is due under this act and the amount of compensation due, if any;
(iii) Whether disbursement of the compensation awarded is to be made in a lump sum or in periodic payments; and
(iv) The person or persons to whom the compensation should be paid.
(d) If the division finds, in the case of an application made by a person dependent for his support on a deceased victim, that persons other than the applicant were also dependent on that victim for their support, it shall also:
(i) Name those persons in its order;
(ii) State the percentage share of the total compensation award and the dollar amount to which each is entitled; and
(iii) Order that those amounts be paid to those persons directly or, in the case of a minor or incompetent, to his guardian or conservator, as the case may be.
(e) Notwithstanding subsection (a) of this section, the division may promulgate rules providing for an expedited claims process for applications in which eligibility is clear and all information has been verified.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 40 - Crime Victims Compensation › Article 1 - In General › Section 1-40-109 - Standards for Compensation.

1-40-109. Standards for compensation.
(a) For the purpose of determining the amount of compensation payable pursuant to this act, the division, insofar as practicable, shall formulate standards for uniform application of this act and shall take into consideration rates and amounts of compensation payable for injuries and death under other laws of this state and of the United States and the availability of funds under this act.
(b) Loss of earnings and loss of future earnings shall be determined on the basis of the victim's average monthly earnings for the six (6) months immediately preceding the date of the injury, or the current federal minimum wage, whichever is less.
(c) Loss of support shall be determined on the basis of the victim's or defendant's average monthly earnings for the six (6) months immediately preceding the date of the injury, or the current federal minimum wage, whichever is less.
(d) Except as provided in subsection (e) of this section, the maximum individual award of compensation paid to any victim or dependent shall not exceed fifteen thousand dollars ($15,000.00). Compensation shall only be awarded for economic losses occurring within a twenty-four (24) month period from the date of the injury or discovery of the crime. However, the division may extend the twenty-four (24) month period to allow compensation for mental health counseling and care occurring within an additional twelve (12) month period for a total of thirty-six (36) months.
(e) In addition to the maximum award authorized in subsection (d) of this section, in the case of catastrophic injury the division may award an additional amount not to exceed ten thousand dollars ($10,000.00) to the victim to cover future lost wages, special medical needs and any other special assistance needed as a result of the injury. The additional award may be made only for economic losses occurring within twenty-four (24) months after the date of the injury or discovery of the crime.