WYOMING COURT RULES

32 toya v. Montoya, 2005 WY 161, 125 P.3d 265, 2005 Wyo. LEXIS 192 (Wyo. 2005). Absent a transcript or a settled record, the evidence was presumed to support the district court’s findings in distributing property in a divorce case. Kruse v. Kruse, 2010 WY 144, 242 P.3d 1011, 2010 Wyo. LEXIS 162 (Wyo. 2010). When the husband filed his appeal, he had the burden to provide a complete record for the court to base its decision. but he did not provide an appropriate statement of the evidence in lieu of a transcript in accordance with the rule; without a record to indicate otherwise, it had to be assumed that the evidence supported the facts and formula used by the district court to calculate the amount owed to the wife. Water- bury v. Waterbury, 2017 WY 11, 388 P.3d 532, 2017 Wyo. LEXIS 11 (Wyo. 2017). Procedures reviewable where court re- porter waived. — The Supreme Court agreed to review the trial court’s voir dire procedures even though they were unrecorded because defense counsel waived the court reporter, but had to presume that the court record correctly embodied the events in a later discussion be- tween the judge and defense counsel. Valdez v. State, 727 P.2d 277, 1986 Wyo. LEXIS 632 (Wyo. 1986). Immediate dismissal proper for non- compliance. — Immediate dismissal and charging of attorney’s fees should not be any surprise if the litigant does not handle the professional, technical work in compliance with these rules, in the same way that trained lawyers are expected to perform. Korkow v. Markle, 746 P.2d 434, 1987 Wyo. LEXIS 549 (Wyo. 1987). Where summary judgment was granted for the builder, on appeal, because the homeowners blatantly disregarded the rules which required them to designate an adequate record on appeal, and failed to provide cogent argument, and pertinent legal authority to sup- port their contention, sanctions, costs and at- torney fees, were proper. Orcutt v. Shober Invs. Inc., 2003 WY 60, 69 P.3d 386, 2003 Wyo. LEXIS 75 (Wyo. 2003). Sufficient record not presented. — Dis- trict court’s judgment against the father was affirmed because there was nothing before the appellate court from which it could determine that the district court’s findings and conclu- sions were in error; the father failed to present the appellate court with a sufficient record for review of the issues he presented. Smith v. Smith, 2003 WY 87, 72 P.3d 1158, 2003 Wyo. LEXIS 108 (Wyo. 2003). Where the mother challenged the portion of her divorce decree granting the father primary child custody, but the record was sparse for appellate review and the mother failed to pro- vide a transcript of the trial nor did she submit to a statement of W.R.A.P. 3.03, the appellate court was required to sustain the trial court’s findings, and assume that the evidence presented was sufficient to support those findings. Lopez v. Lopez, 2005 WY 88, 116 P.3d 1098, 2005 Wyo. LEXIS 102 (Wyo. 2005). the evidence pursuant Summary judgment appropriate. — Summary judgment was appropriate where there was no hearing transcript and no state- ment of the evidence presented at the hearing; in the absence of a transcript or an approved statement of the hearing as provided under this rule, the regularity of the trial court’s judgment and the competency of the evidence upon which that judgment is based must be presumed. Kelley v. Watson, 2003 WY 127, 77 P.3d 691, 2003 Wyo. LEXIS 153 (Wyo. 2003). Omission did not require reversal. — Although a record on appeal from a death penalty case did not contain a transcript of the instructions conference that preceded the charge to the jury in the guilt/innocence phase and other off-the-record conferences, since de- fense counsel failed to attempt to augment the record as permitted by Wyo. R. App. P. 3.03 or 3.04, the omission of the conference did not require reversal. Eaton v. State, 2008 WY 97, 192 P.3d 36, 2008 Wyo. LEXIS 103 (Wyo. 2008), reh’g denied, 2008 Wyo. LEXIS 114 (Wyo. Sept. 15, 2008), cert. denied, 555 U.S. 1187, 129 S. Ct. 1346, 173 L. Ed. 2d 613, 2009 U.S. LEXIS 1251 (U.S. 2009). Relationship to federal law. — State court’s delay in furnishing petitioner with the transcript did not establish a basis for equi- table tolling of his federal habeas petition; petitioner had failed to take advantage of Wyo. R. App. P. 3.03. Heinemann v. Murphy, 401 Fed. Appx. 304, 2010 U.S. App. LEXIS 21014 (10th Cir. 2010), cert. denied, 562 U.S. 1297, 131 S. Ct. 1705, 179 L. Ed. 2d 634, 2011 U.S. LEXIS 2252 (U.S. 2011). Law reviews. — Tyler J. Garrett, Anatomy of a Wyoming Appeal: A Practitioner’s Guide for Civil Cases, 16 Wyo. L. Rev. 139 (2016).