Return of Record to the Trial Court

In those cases where a Paper Case Record was transmitted to the clerk of the appellate court, the transmitted record shall be returned to the custody of the trial court when the mandate issues or the appeal is dismissed. History: Amended April 6, 2015, effective July 1, 2015amended December 11, 2024, effective March 1, 2025. Source. — Former Rule 75(h), W.R.C.P. Editor’s notes. — The following annota- tions are taken from cases decided under for- mer Rule 75, W.R.C.P. Evidence of successful party is assumed to be true. — A fundamental rule of appeal is that the evidence of the successful party is assumed to be true and is given every favorable inference which may be reasonably and fairly drawn from it while leaving out of consider- ation entirely the evidence of the unsuccessful party. X v. Y, 482 P.2d 688, 1971 Wyo. LEXIS 206 (Wyo. 1971). Effect of failure to prepare statement of evidence. — An appeal cannot be dismissed merely because of appellant’s failure to take advantage of Rule 75(c), W.R.C.P., allowing appellant to prepare a statement of the evi- dence where no report was made of trial. How-