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W.R.A.P. 2.01

How and when Taken; Cross-Appeals and Dismissals

activein force · 2025-03-01 – presentact-effective-date

(a) An appeal from a trial court to an appellate court shall be taken by filing

the notice of appeal with the clerk of the trial court within 30 days from entry

of the appealable order and concurrently serving the same in accordance with

the provisions of W.R.C.P. 5 (or as provided in W.R.Cr.P. 32 (c)(4)). The pro se

filing of a notice of appeal by an inmate confined in a penal institution is

additionally subject to the provisions of Rule 14.04. Contemporaneously with

the filing of the notice of appeal with the clerk of the trial court, a copy of the

notice of appeal shall also be served on the clerk of the appellate court. See

Rule 1.03. In criminal cases appealed to the Supreme Court, the notice of

appeal shall be served upon the office of public defender and the office of

attorney general. In cases where a guardian ad litem has been appointed, the

notice of appeal shall be served upon the guardian ad litem. In cases specified

in Wyo. Stat. Ann. § 14-12-101(a), the notice of appeal shall be served upon the

Wyoming Office of Guardian Ad Litem.

(1) Upon a showing of excusable neglect, the trial court in any action may

extend the time for filing the notice of appeal, provided the application for

extension of time is filed prior to the expiration of 45 days from entry of the

appealable order. Along with the application for extension of time, appellant

shall submit a proposed notice of appeal, which the clerk of court shall

retain. At the time of filing the application for extension of time, appellant

shall also deliver to the clerk of the trial court the docket fee for docketing

the case in the appellate court or a motion for leave to proceed in forma

pauperis. See Rule 2.09(a). If the district court does not enter an order

granting the application for extension within 14 days of filing of the

application, the application shall be deemed denied. If the trial court grants

the application for extension of time within the 14-day period, the clerk of

court shall file the proposed notice of appeal concurrently with entry of the

order extending the time. If the trial court denies the application or if the

application is deemed denied, any docket fee shall be refunded to appellant.

Appellant shall promptly serve appellee a copy of the order extending the

time. If such an order is issued, it shall be appended to the notice of appeal

that is served on the clerk of the appellate court.

(2) If a timely notice of appeal is filed by a party, any other party may file

a notice of appeal within the time prescribed by Rule 2.01(a) or within 15

days of the date on which the first notice of appeal was filed.

(b) If an appeal has not been docketed with the appellate court, the parties,

with the approval of the trial court, may dismiss the appeal by stipulation filed

in that court, or that court may dismiss the appeal upon motion and notice by

appellant.

(c) An amended notice of appeal shall be limited to the correction of clerical

errors or omissions in the original notice of appeal. It may not be used for the

purpose of appealing an order or judgment entered subsequent to the filing of

the original notice of appeal, except as provided in 2.02(c) or when a subsequent order or judgment amends the order or judgment from which the appeal

was initially taken. The amended notice shall be served and filed pursuant to

the provisions of Rule 14.01, provided, however, that no filing fees need be paid.

History

History: Amended May 4, 1999, effective October 1, 1999; amended July 26, 2006, effective December 1, 2006; amended April 14, 2010, effective July 1, 2010; amended April 6, 2015, effective July 1, 2015; amended August 23, 2017, effective November 1, 2017; amended December 11, 2024, effective March 1, 2025.

Provenance

Source
wyocourts.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
819a34769e903b29be44d739b7ae38463a0673601e804c1aeff4fe8beefa28a9
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