and in all other cases the other party shall be the prevailing party. The prevailing

party may, in the discretion of the court, be entitled to an allowance for reasonable attorney’s fees and costs incurred in the trial de novo, which allowance shall be fixed by the court. In fixing the attorney’s fees, the court shall consider the decision and determinations of the arbitrators, in addition to any other relevant evidence. (4) Except as provided in this rule, the decision and determinations of the arbitrators shall not be admissible in any action or proceeding and shall not operate as collateral estoppel or res judicata. Arbitrators shall not be called as witnesses. (c) Petition to Confirm, Correct, or Vacate the Decision. (1) If a civil action has been stayed pursuant to these rules, any petition to confirm, correct, or vacate the decision shall be filed with the court in which the action is pending, and shall be served in accordance with the Wyoming Rules of Civil Procedure. (2) If no action is pending in any court, the decision may be confirmed, corrected, or vacated by petition to the court having jurisdiction over the amount of the decision, in accordance with the Wyoming Rules of Civil Procedure. (3) A court confirming, correcting or vacating a decision under these rules may award to the prevailing party reasonable fees and costs including, if applicable, fees or costs on appeal, incurred in obtaining confirmation, correction or vacation of the award. The party obtaining judgment confirming, correcting, or vacating the decision shall be the prevailing party except that, without regard or consideration of who the prevailing party may be, if a party did not appear at the arbitration hearing in the matter provided by these rules, that party shall not be entitled to attorney’s fees or costs upon confirmation, correction, or vacation of the award. (Added May 10, 2016, effective October 1, 2016; amended December 10, 2020, effective February 1, 2021.)