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W.R.C.P.Ch.C. 54

Judgment; Costs

activein force · 2021-12-01 – presentact-effective-date

(a) Definition; Form. “Judgment” as used in these rules includes a decree

and any order from which an appeal lies. A judgment should not include

recitals of pleadings, a master’s report, or a record of prior proceedings. A

court’s decision letter or opinion letter, made or entered in writing, is not a

judgment.

(b) Judgment on Multiple Claims or Involving Multiple Parties. When an

action presents more than one claim for relief--whether as a claim, counter-claim, crossclaim, or third-party claim--or when multiple parties are involved,

the chancery court may direct entry of a final judgment as to one or more, but

fewer than all, claims or parties only if the chancery court expressly determines that there is no just reason for delay. Otherwise, any order or other

decision, however designated, that adjudicates fewer than all the claims or the

rights and liabilities of fewer than all the parties does not end the action as to

any of the claims or parties and may be revised at any time before the entry of

a judgment adjudicating all the claims and all the parties’ rights and liabilities.

(c) Demand for Judgment; Relief to be Granted. A default judgment must not

differ in kind from, or exceed in amount, what is demanded in the pleadings.

Every other final judgment should grant the relief to which each party is

entitled, even if the party has not demanded that relief in its pleadings.

(d) Costs; Attorney’s Fees.

(1) Costs Other Than Attorney’s Fees. Unless a statute, these rules, or a

chancery court order provides otherwise, costs--other than attorney’s fees--

should be allowed to the prevailing party, when a motion for such costs is

filed no later than 21 days after the entry of judgment. But costs against the

State of Wyoming, its officers, and its agencies may be imposed only to the

extent allowed by law.

(2) Attorney’s Fees.

(A) Claim to Be by Motion. A claim for attorney’s fees and allowable

costs shall be made by motion unless the substantive law requires those

fees to be proved at trial as an element of damages.

(B) Timing and Contents of the Motion. Unless a statute or a chancery

court order provides otherwise, the motion must:

(i) be filed no later than 21 days after the entry of judgment;

(ii) specify the judgment and the statute, rule, or other grounds

entitling the movant to the award;

(iii) state the amount sought or provide a fair estimate of it; and

(iv) disclose, if the chancery court so orders, the terms of any

agreement about fees for the services for which the claim is made.

(C) Proceedings. Subject to Rule 23(g), the chancery court must, on a

party’s request, give an opportunity for adversary submissions on the

motion in accordance with Rule 43(c) or 78. The chancery court may decide

issues of liability for fees before receiving submissions on the value of

services. The chancery court must find the facts and state its conclusions

of law as provided in Rule 52(a).

(D) Special Procedures; Reference to a Master. The chancery court may

establish special procedures to resolve fee-related issues without extensive

evidentiary hearings. Also, the chancery court may refer issues concerning

the value of services to a special master under Rule 53 without regard to

the limitations of Rule 53(a)(1).

(E) Exceptions. Subparagraphs (A)-(D) do not apply to claims for fees

and expenses as sanctions for violating these rules.

(3) Contents of the Motion. Unless a statute or a chancery court order

provides otherwise, any motion must:

(A) specify the judgment and the statute, rule, or other grounds

entitling the movant to the award;

(B) state the amount sought or provide a fair estimate of it; and

(C) disclose, if the chancery court so orders, the terms of any agreement

about fees for the services for which the claim is made.

History

History: Adopted September 21, 2021, effective December 1, 2021.

Provenance

Source
wyocourts.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
5bde17343c891646b8e5d46930a8cb087c8969f48b842b871bfaf72b69b018fe
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