WYOMING COURT RULES

208 clerk as its agent for receiving service of any papers that affect its liability on the bond or undertaking. The surety’s liability may be enforced on motion without an independent action. The motion and any notice that the court orders may be served on the court clerk, who must promptly mail a copy of each to every surety whose address is known. History: Added February 2, 2017, effective March 1, 2017. Source. — This rule is similar to Rule 65.1 of the Federal Rules of Civil Procedure. Cross references. — As to rule applying to surety upon appeal or supersedeas bond, see Rule 4.01, W.R.A.P. This rule serves two purposes: (1) it gives a court jurisdiction over a surety; and (2) it establishes a permissible motion procedure for determining liability. Wyoming Bancorporation v. Bonham, 563 P.2d 1382, 1977 Wyo. LEXIS 254 (Wyo.), reh’g denied, 566 P.2d 219, 1977 Wyo. LEXIS 329 (Wyo. 1977). Scope of allowable proceedings. — This rule allows only proceedings to enforce a bond as ancillary to the principal suit. Weber v. Johnston Fuel Liners, 540 P.2d 535, 1975 Wyo. LEXIS 164 (Wyo. 1975). Separate action against surety elimi- nated. — This rule eliminates the necessity of a separate action against the surety by the obligee. Lange v. Valencia, 533 P.2d 304, 1975 Wyo. LEXIS 136 (Wyo. 1975). Where the question relates to the ability of a district court to assess damages on a super- sedeas bond after an unsuccessful appeal, and sureties are involved, this rule clearly provides for the enforcement of liability by motion rather than by independent action. Wyoming Bancor- poration v. Bonham, 563 P.2d 1382, 1977 Wyo. LEXIS 254 (Wyo.), reh’g denied, 566 P.2d 219, 1977 Wyo. LEXIS 329 (Wyo. 1977). When the motion or summary procedure is utilized, there is no right of jury trial on the issues presented. Such a proceeding assess- ing damages is ancillary to the main action and is determined as a part of it without a right to a jury trial. As a result, no error is committed by denying appellant’s demand for a trial by jury. Wyoming Bancorporation v. Bonham, 563 P.2d 1382, 1977 Wyo. LEXIS 254 (Wyo.), reh’g denied, 566 P.2d 219, 1977 Wyo. LEXIS 329 (Wyo. 1977). This rule does not preclude an indepen- dent action against a principal or surety. — Wyoming Bancorporation v. Bonham, 563 P.2d 1382, 1977 Wyo. LEXIS 254 (Wyo.), reh’g denied, 566 P.2d 219, 1977 Wyo. LEXIS 329 (Wyo. 1977).