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Wyoming Rules of Civil Procedure

Rule: 40.1

Jurisdiction: WY

Bluebook Citation: Wyo. R. Civ. P. 40.1

the risks of trial to each party, suggest a probable verdict or judgment range, and suggest a fair settlement of the case. This may be done in the presence of all parties or separately. (vi) Settlement. — If settlement results, it should promptly be re- duced to a writing executed by the settling parties or recorded by other reliable means. The mediator may suggest to the parties such reason- able additions or requirements as may be appropriate or beneficial in a particular case. (D) Fees and Costs. — For those cases filed in court and assigned for settlement conference or mediation: (i) compensation for services shall be arranged by agreement between the parties and the person conducting the settlement conference or serving as the mediator, and (ii) that person’s statement shall be paid within 30 days of receipt by the parties. (E) Other forms of Alternative Dispute Resolution. — Nothing in this rule is intended to preclude the parties from agreeing to submit their dispute to other forms of alternative dispute resolution, including arbitra- tion and summary jury trial. (F) Retained Jurisdiction. — Assignment of a case to alternative dis- pute resolution shall not suspend any deadlines or cancel any hearings or trial. The court retains jurisdiction for any and all purposes while the case is assigned to any alternative dispute resolution. History: Added February 2, 2017, effective March 1, 2017. Source. — Subdivision (a) of this rule is similar to Rule 40 of the Federal Rules of Civil Procedure. Cross references. — As to trial docket gen- erally, see chapter 8 of title 1. As to docketing fee, see § 5-3-206. As to keeping of trial docket, see § 5-3-211. Without valid reason for recusal, judge has duty not to recuse himself. — Cline v. Sawyer, 600 P.2d 725, 1979 Wyo. LEXIS 458 (Wyo. 1979). “Prejudice” involves prejudgment with insufficient knowledge. — For purposes of disqualifying a judge, “prejudice” involves a prejudgment or forming of an opinion without sufficient knowledge or examination. Cline v. Sawyer, 600 P.2d 725, 1979 Wyo. LEXIS 458 (Wyo. 1979). “Bias,” which is ground for disqualifica- tion of judge, must be personal, and it must be such a condition of the mind which sways judgment and renders the judge unable to ex- ercise his functions impartially in a given case or which is inconsistent with a state of mind fully open to the conviction which evidence might produce. Cline v. Sawyer, 600 P.2d 725, 1979 Wyo. LEXIS 458 (Wyo. 1979). Bias not shown. — The affidavit of appel- lant in support of the motion for change of judge does not state sufficient facts to show the exis- tence of bias or prejudice against appellant where it alleges that the judge and appellee attended the same university at the same time where “they may have” belonged to the same fraternities or associations, and where it fur- ther alleges that the judge and appellee have been close personal friends throughout the greater part of their lives and have had and continue to have close political affiliations and social relationships in the community. Cline v. Sawyer, 600 P.2d 725, 1979 Wyo. LEXIS 458 (Wyo. 1979). Law reviews. — For article, “Mediation and Wyoming Domestic Relations Cases — Practi- cal Considerations, Ethical Concerns and Pro- posed Standards of Practice,” see XXVII Land & Water L. Rev. 435 (1992).

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