poraneously with filing the transcript in the trial court, the reporter shall
Wyoming Rules of Appellate Procedure
Rule: 2.07
Jurisdiction: WY
Bluebook Citation: Wyo. R. App. P. 2.07
notify in writing or electronically the appellate court and all parties to the appeal that the transcript has been filed in the trial court. (b) If the court reporter is not able to complete the requested transcript in the time allowed, the time for filing may be extended by the trial court for good cause shown. The motion shall state with specificity why the extension is necessary. A copy of the motion and order shall be served on all parties and the clerk of the Supreme Court. History: Amended April 6, 2015, effective July 1, 2015; amended December 6, 2023, effective February 5, 2024; amended December 11, 2024, effective March 1, 2025. Source. — Former Rule 73(g), W.R.C.P. When failure to timely file not excused. — Where counsel had full control of the poten- tial to file the record in the present case and docketing of the same at the same time that the record was sent supplemental to the record in a prior case, these factors prevented an effort to find diligence and causes beyond appellant’s control in failure to timely file the record on appeal. Williams v. Wyoming Bank & Trust Co., 591 P.2d 884, 1979 Wyo. LEXIS 366 (Wyo. 1979). 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). Delay to obtain transcript. — Delay of 179 days to obtain the transcript for the appeal was not significant enough to implicate due process. Hodge v. State, 2015 WY 103, 355 P.3d 368, 2015 Wyo. LEXIS 118 (Wyo. 2015). Rule applicable to worker’s compensa- tion case. — The time within which to file a record on appeal in a worker’s compensation case is to be governed by this rule, not by § 27-12-615 (now repealed). In re Zabaleta, 638 P.2d 648, 1981 Wyo. LEXIS 411 (Wyo. 1981). Applicability. — District court misstated and misapplied Wyo. R. App. P. 2.06. This rule applies only to transcripts prepared by the court reporter of the trial court, but does not apply to petitions for review from agency ac- tion. Depiero v. Bd. of Cty. Comm’rs, 2022 WY 42, 506 P.3d 771, 2022 Wyo. LEXIS 42 (Wyo. 2022). Law reviews. — For case note, “Criminal Procedure — The Elimination of Dismissals for Lack of Prosecution from Wyoming Intermedi- ate Appeals. Wood v. City of Casper, 660 P.2d 1163 (Wyo. 1983),” see XIX Land & Water L. Rev. 301 (1984). Tyler J. Garrett, Anatomy of a Wyoming Appeal: A Practitioner’s Guide for Civil Cases, 16 Wyo. L. Rev. 139 (2016).
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