Payment of Filing Fee, Motion to Proceed in Forma Pau-

peris, and Disposition. (a) At the time of filing the notice of appeal, an appellant shall deliver the docket fee to the clerk of the trial court for docketing the case in the appellate court and the filing fee for the trial court clerk to prepare the record or a motion for leave to proceed in forma pauperis together with a proposed order and an affidavit documenting the appellant’s inability to pay fees and costs or to give security. Except as provided below, a docket fee shall be collected for each notice of appeal pursuant to Wyo. Stat. Ann. § 5-3-205 and § 5-9-135 and court rule. The docket fee for filing an appeal or other action in the Supreme Court shall be set by order of the court and published in the Rules of the Supreme Court of Wyoming. (b) In civil cases, the trial court may not permit an appellant to proceed on appeal in forma pauperis unless such status is permitted by statute or constitutional right. See. e.g., ML.B. v. S.L.J., 519 U.S. 102, 117 S. Ct. 555, 136 L. Ed. 2d 473 (1996) (permitting indigent parent to proceed in forma pauperis in appeal challenging termination of parental rights). Incarceration alone does not confer in forma pauperis status. (c) If the trial court denies the motion for leave to proceed in forma pauperis, the appellant must pay the docket fee to the clerk of the trial court within 30 days of the entry of the order denying the motion. If the docket fee is not paid within those 30 days, the appeal will not proceed further. (d) A notice of appeal may be filed, signed, or verified by electronic means (including but not limited to email) in accord with W.R.C.P. 5(e). Regarding the docket fee, the electronically filed notice of appeal either (1) must be accom- panied by an electronically filed motion to proceed in forma pauperis or (2) the docket fee must be paid in accord with W.R.C.P. 5(e)(3)(A). (e) The clerk of the trial court shall forward the appellate court’s docket fee to the clerk of the appellate court or an order granting leave to proceed in forma pauperis at the time the clerk of the trial court submits its notice that the record on appeal has been completed. The case shall then be docketed in the appellate court. In cases where the clerk of the trial court transmitted an Electronic Case Record to the clerk of the appellate court through Digital Solution for Appealed Records (DAPR), the clerk of the trial court may physically forward the docket fee to the clerk of the appellate court or make other arrangements for payment pursuant to Rule 2.09(g). (f) If the appeal is dismissed prior to the clerk of the trial court notifying the clerk of the appellate court that the record on appeal has been completed, the docket fee shall be refunded to appellant. A subsequent dismissal of the appeal by the appellate court whether by voluntary motion or involuntary order, shall not entitle appellant to refund of the docket fee. (g) All fees under this rule due from or payable by the State of Wyoming or its subdivisions will be paid to the clerk of the trial court by check, voucher or other appropriate fund transfer request in the proper form. History: Amended April 14, 2010, effective July 1, 2010; amended April 6, 2015, effective July 1, 2015; amended October 12, 2021, effective January 1, 2022; amended December 11, 2024, effective March 1, 2025. Source. — Former Rule 73(g), W.R.C.P. Failure to timely file record on appeal is ground for dismissal of an appeal. Williams v. Wyoming Bank & Trust Co., 591 P.2d 884, 1979 Wyo. LEXIS 366 (Wyo. 1979); In re Za- baleta, 638 P.2d 648, 1981 Wyo. LEXIS 411 (Wyo. 1981). Duty to cause timely filing of record on appeal is appellant’s, and the failure of the clerk of the district court to do so will not prevent dismissal of the appeal. Williams v. Wyoming Bank & Trust Co., 591 P.2d 884, 1979 Wyo. LEXIS 366 (Wyo. 1979); In re Zabaleta, 638 P.2d 648, 1981 Wyo. LEXIS 411 (Wyo. 1981).