WYOMING COURT RULES

Uniform Rules for District Courts of the State of Wyoming

Rule: 902

Jurisdiction: WY

Bluebook Citation: Wyo. Unif. Dist. Ct. R. 902

18 (4) Striking of briefs or pleadings; (5) Dismissal of proceedings; (6) Costs; (7) Attorney fees; or (8) Other sanctions. Nonappearance at pretrial conference, absent documented explanation, warrants dismissal. — In the absence of a documented explanation for nonappearance at a pretrial conference, as derived from a motion addressed to the district court to set aside the default as supported by affidavits, or some similar process affording evidence of the factual status, there is no basis for an appellate court to find an abuse of discretion and consequently to reverse a dismissal in favor of some less severe sanction. Travelers Ins. Co. v. Palmer, 714 P.2d 765, 1986 Wyo. LEXIS 495 (Wyo. 1986). But dismissal without prejudice. — An order dismissing a complaint following the fail- ure of counsel for plaintiff to attend a scheduled pretrial conference must be without prejudice. Travelers Ins. Co. v. Palmer, 714 P.2d 765, 1986 Wyo. LEXIS 495 (Wyo. 1986). Fine for failure to settle action. — The district court had no power to impose a sanction consisting of an order for the plaintiff and defendant to each pay $2,500 to the clerk of court, for failure to timely settle a personal injury action. Bi-Rite Package v. District Court of Ninth Judicial Dist., 735 P.2d 709, 1987 Wyo. LEXIS 423 (Wyo. 1987).

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