WYOMING COURT RULES

Wyoming Rules of Civil Procedure

Rule: 62.1

Jurisdiction: WY

Bluebook Citation: Wyo. R. Civ. P. 62.1

204 (2) to issue an order to preserve the status quo or the effectiveness of the judgment to be entered. (g) Stay with Multiple Claims or Parties. — A court may stay the enforce- ment of a final judgment entered under Rule 54(b) until it enters a later judgment or judgments, and may prescribe terms necessary to secure the benefit of the stayed judgment for the party in whose favor it was entered. History: Added February 2, 2017, effective March 1, 2017; amended August 21, 2018, effective Janu- ary 1, 2019. Source. — This rule is similar to Rule 62 of the Federal Rules of Civil Procedure. Courts need recourse to procedures which will maintain litigated issues in status quo pending decision so that the subse- quent judgment will be effective. 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). Where no automatic stay for reasons of public policy. — These rules grant the trial judge broad authority to prevent the effect of any judgment during the pendency of an ap- peal, and this court sees no occasion to estab- lish types of cases which merit special consid- eration as to a stay of execution by reason of public policy, so there will be no automatic stay of the district court’s judgment in a boundary board dispute by an appeal to the Supreme Court “for reasons of public policy.” School Dist. v. District Boundary Bd., 351 P.2d 106, 1960 Wyo. LEXIS 56 (Wyo. 1960). Jurisdiction reserved relative to injunc- tions. — This rule reserves jurisdiction to the court, whatever the status of the appeal, to consider virtually all matters relative to an injunction which may have been issued or de- nied by the court. Taylor Ditch Co. v. Carey, 520 P.2d 218, 1974 Wyo. LEXIS 191 (Wyo. 1974). And to damages. — District court has juris- diction to consider damages when liability on a supersedeas bond is sought to be enforced after remand from the appellate courts. 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). But not in excess of supersedeas bond. — Where an action is upon supersedeas bond without surety, nothing in excess of the face of the bond is recoverable by way of damages, since neither the Supreme Court’s stay order nor the rules indicate an intent to extend liabil- ity on the bond beyond the maximum stated therein. 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). Guidelines set for establishing boundar- ies of supersedeas bond. — See 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).

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