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W.R.A.P. 10.05

Costs and Penalties on Affirmance

activein force · 2017-11-01 – presentact-effective-date

(a) When the judgment or appealable order is affirmed in a civil case,

appellee shall recover costs. The appellee may also recover costs when appeal

is dismissed in the court opinion after full briefing. The costs are awarded in

the mandate and shall be as follows: the costs of producing the original brief

which shall be computed at the per page rate allowed by law for making the

transcript, and the cost of copies for the briefs filed in the court and served on

the appellant. If the appellant failed to order and pay for a transcript of the

evidence of the case or only ordered a portion of the transcript, then if appellee

ordered necessary portions of the transcript, appellee shall recover the costs

expended ordering the transcript. An appellee may also recover the cost of a

copy obtained from the court reporter at the statutory rate for copies of

portions of the transcript ordered by the appellant.

(b) If the court certifies, whether in the opinion or upon motion, there was no

reasonable cause for the appeal, a reasonable amount for attorneys’ fees and

damages to the appellee shall be fixed by the appellate court and taxed as part

of the costs in the case. The amount for attorneys’ fees shall not be less than

one

hundred

dollars

($100.00)

nor

more

than

ten

thousand

dollars

($10,000.00). The amount for damages to the appellee shall not exceed two

thousand dollars ($2,000.00).

(c) If the court finds that circumstances warrant, the taxation of fees, costs

and sanctions may be entered against counsel of record and not the appellant

if the court finds any of the following:

(1) Counsel has filed a deficient brief or the brief contains misrepresentations and omissions;

(2) Counsel has filed a brief that failed to follow these rules;

(3) Counsel ignored or failed to perform any meaningful research of the

law and to make a determination the claim on appeal is without merit;

(4) Counsel, not appellant, is responsible for bringing a frivolous appeal;

(5) Counsel is dilatory in prosecuting the appeal by missing filing dead-

lines, receiving sanctions for failure to provide notice of appeal and/or

designation of record or failing to comply with orders entered by the court;

(6) Other misconduct determined in the discretion of the appellate court.

History

History: Amended April 6, 2015, effective July 1, 2015; amended August 23, 2017, effective November 1, 2017.

Provenance

Source
wyocourts.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
cc4dee043fec8d5020a89e0e2437aee3bbb9eb124591df40007b7a6790343799
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W.R.A.P. 10.05 — Costs and Penalties on Affirmance · binding.law