WYOMING COURT RULES

42 Users Ass’n v. Garst, 451 P.2d 451, 1969 Wyo. LEXIS 119 (Wyo. 1969). When order extending time to file re- cord on appeal to be made. — An order extending the time to file the record on appeal must ordinarily be made before the expiration of the time fixed by statute or rule of court for service in the first instance, or within the limit of a previous valid extension of time; otherwise the order of extension will be invalid. Martens v. State Highway Comm’n, 354 P.2d 222, 1960 Wyo. LEXIS 64 (Wyo. 1960). An order of the court extending the time for filing of the record on appeal made within the 60-day period and not exceeding the 90-day limit for extension was timely even though it did not expressly state that appellants had until a given date to file the record on appeal and docket the appeal in the Supreme Court. Butler v. McGee, 363 P.2d 791, 1961 Wyo. LEXIS 105 (Wyo. 1961). And extension beyond 90 days exceeds court’s authority. — An order extending the time for filing the record beyond 90 days after the filing of notice of appeal is without force and effect as purporting to exceed the authority permitted under this rule. Wilson v. Burridge, 365 P.2d 195, 1961 Wyo. LEXIS 123 (Wyo. 1961). Diligence warranting special consider- ation for failing to docket in time not shown. — Where defendants registered no objection to the fact that a “Supplement to the Pretrial Conference Order” was not made and entered at the time required, and they failed to request that the court sign and file the order prior to the judgment, this failure, if not an actual waiver, at least showed a lack of such diligence as would warrant special consider- ation for failure to docket their appeal within the 90-day period. Ramsay v. Boland, 364 P.2d 824, 1961 Wyo. LEXIS 115 (Wyo. 1961). Where supplementing record on appeal justified. — Where the record discloses that appellant had been diligent in an effort to procure a transcript of evidence, and if by affidavit it is shown the transcript was still unavailable when the record on appeal was required to be filed, the Supreme Court would be justified in granting an application to supplement the record on appeal by the addi- tion of the transcript of evidence. Butler v. McGee, 363 P.2d 791, 1961 Wyo. LEXIS 105 (Wyo. 1961). “Written evidence”. — The statements re- ferred to in the notice of appeal and in the memorandum in opposition to dismissal of the appeal fail to constitute the kind of written evidence required with respect to the late filing of the transcript of evidence. Douglas Reser- voirs Water Users Ass’n v. Garst, 451 P.2d 451, 1969 Wyo. LEXIS 119 (Wyo. 1969). VI. JURISDICTION Supreme Court does not take jurisdic- tion until after the docketing of an appeal. — Butler v. McGee, 363 P.2d 791, 1961 Wyo. LEXIS 105 (Wyo. 1961). VII. BAIL Concurrent jurisdiction to admit defen- dant to bail. — Under this section the judge of the trial court and any justice of the Supreme Court have concurrent jurisdiction to admit defendant to bail on appeal being perfected in a criminal case, and there is no mention in the section that any justice of the Supreme Court has greater power or greater duty in granting bail than has the judge of the trial court. State v. Helton, 72 Wyo. 105, 261 P.2d 46, 1953 Wyo. LEXIS 34 (Wyo. 1953) (decided under § 3-5414, C.S. 1945). But application to trial judge first. — Justices of the Supreme Court should not exer- cise their discretion as to bail after a conviction for second degree murder before an application has been made to the judge of the district court. State v. Helton, 72 Wyo. 105, 261 P.2d 46, 1953 Wyo. LEXIS 34 (Wyo. 1953) (decided under § 3-5414, C.S. 1945). Execution of sentence suspended. — Where defendant has been released on bail, sentence cannot be executed until default of bail conditions as provided by statute. Ex parte Irwin, 33 Wyo. 314, 239 P. 288, 1925 Wyo. LEXIS 40 (Wyo. 1925) (decided under § 3-5414, C.S. 1945). District court jurisdiction. — District court retains jurisdiction to revoke suspension of sentence and to commit a petitioner who has not perfected his appeal. Genero v. Roach, 39 Wyo. 40, 270 P. 152, 1928 Wyo. LEXIS 79 (Wyo. 1928) (decided under § 3-5414, C.S. 1945). 5. STAY OF EXECUTION IN DEATH AND OTHER CRIMINAL CASES