WYOMING COURT RULES

108 by deposit properly refused. — The district court was justified in denying plaintiff’s re- quests for a jury trial where requests were not accompanied by the required deposit. Davidek v. Wyoming Inv. Co., 77 Wyo. 141, 308 P.2d 941, 1957 Wyo. LEXIS 13 (Wyo. 1957); In re Estate of Scott, 642 P.2d 1287, 1982 Wyo. LEXIS 319 (Wyo. 1982). (decided under § 3-2422, C.S. 1945). Failure to properly serve jury demand and failure to deposit fee constitutes waiver of the right to a jury trial. LP v. Natrona County Dep’t of Pub. Assistance & Social Servs., 679 P.2d 976 (Wyo. 1984). Issues tried by jury under Rule 39(a). — All issues for which a jury trial has been demanded in accordance with Rule 38, must be tried by the jury under Rule 39(a). This rule is subject to two qualifications, the most signifi- cant of which is found under Rule 39(a)(2), which states that “the court upon motion or of its own initiative finds that a right of trial by jury of some or all of the issues does not exist.” True v. Hi-Plains Elevator Mach., 577 P.2d 991, 1978 Wyo. LEXIS 281 (Wyo. 1978). to report Failure arguments not grounds for reversal. — The failure of the court reporter to report the arguments of coun- sel on the jury-demand motion is not alone grounds for reversal if there were something in those proceedings which appellants deemed crucial to their case — they had available to them Rule 4.03, W.R.A.P., designed to recon- struct unreported proceedings into written form for appellate examination. Scherling v. Kilgore, 599 P.2d 1352, 1979 Wyo. LEXIS 452 (Wyo. 1979). Slander action severed from action al- leging unlawful denial of employment and seeking reinstatement. — The trial court did not abuse its discretion in severing a slander action against an individual, in which the plaintiff prayed for damages, from an action against a city alleging unlawful denial of em- ployment, in which the plaintiff prayed for damages and for a finding that the city be required to hire him. Tremblay v. Reid, 700 P.2d 391, 1985 Wyo. LEXIS 488 (Wyo. 1985). Jury trial for tort claims. — The trial court’s decision to hear tort issues along with divorce issues improperly deprived the wife of her right to have a jury decide her tort claims; the issues should not have been joined and determined in a single nonjury proceeding. Mc- Culloh v. Drake, 2001 WY 56, 24 P.3d 1162, 2001 Wyo. LEXIS 65 (Wyo. 2001). No assessment of costs for jury services. — Subdivision (b) is authority to recover as costs the $12 (now $50) jury fee, but does not authorize the assessment of costs for jury ser- vices. Weaver v. Mitchell, 715 P.2d 1361, 1986 Wyo. LEXIS 513 (Wyo. 1986). Failure to timely file jury demand. — In a civil forfeiture proceeding, the property claim- ants waived their right to a jury trial when they failed to file a timely jury demand under this rule. Jones v. State, 2012 WY 82, 278 P.3d 729, 2012 Wyo. LEXIS 88 (Wyo. 2012). District court did not abuse its discretion in denying the mother’s request for a jury trial because the mother made a voluntary and knowing waiver; the mother had opportunities to make a motion after counsel was appointed, and she discussed the issue with her attorney and chose not to request a jury trial, but she later changed her mind. LCB v. State ex rel. Dep’t of Fam. Servs., 2023 WY 23, 525 P.3d 1030, 2023 Wyo. LEXIS 24 (Wyo. 2023). District court did not err by striking plain- tiff’s jury demand because he failed to timely serve it on defendants and therefore waived his right to a jury trial, as he replied to defendants’ counterclaims on March 24 and 28, 2022, but he did not serve his jury demand on defendants until June 2022, well past the 14-day time limit. Traylor v. Kraft, 2024 WY 74, 552 P.3d 351, 2024 Wyo. LEXIS 75 (Wyo. 2024). Law reviews. — For note, “Jury Trial in Wyoming Cases Containing Legal and Equi- table Issues,” see 13 Wyo. L.J. 250 (1959). For case note, “Appeal and Error—The Om- nipotent Wyoming Supreme Court: New Allega- tions and Evidence Will Be Heard for the First Time on Appeal. Boller v. Western Law Associ- ates, 828 P.2d 1184 (Wyo. 1992),” see XXVIII Land & Water L. Rev. 677 (1993). See article, “The 1994 Amendments to the Wyoming Rules of Civil Procedure,” XXX Land & Water L. Rev. 151 (1995).