Rule 77 Chancery Courts and Clerks; Notice of an Order or Judgment

(a) Chancery Court Always Open. The chancery courts shall be deemed always open for the purpose of filing an initial pleading or other paper, of issuing and returning any mesne or final process, and of making and directing all interlocutory motions, orders and rules.

(b) Trials and Hearings; Orders in Chambers. All trials upon the merits shall be conducted in open court and, so far as convenient, in a regular courtroom. Any other act or proceeding may be done or conducted electronically, in chambers without the attendance of the chancery court clerk or other chancery court officials and at any place within the state.

(c) The Chancery Court Clerk’s Office Hours; Clerk’s Orders.

(1) Hours. The chancery court clerk’s office, with the clerk or a deputy in attendance, must be open during all business hours every day except Saturdays, Sundays, and legal holidays (by designation of the legislature, appointment as a holiday by the governor or the chief justice of the Wyoming Supreme Court, or any day designated as such by local officials).

(2) Orders. All motions and applications in the chancery court clerk’s office for issuing mesne process, for issuing final process to enforce and execute judgments, for entering defaults or judgments by default, and for other proceedings which do not require allowance or order of the chancery court are grantable of course by the chancery court clerk; but the chancery court clerk’s action may be suspended, altered or rescinded by the chancery court upon cause shown.

(d) Service of Orders or Judgments.

(1) Service. Immediately upon the entry of an order or judgment the chancery court clerk shall provide and serve a copy thereof to every party who is not in default for failure to appear. The chancery court clerk shall record the date of service and the parties served in the docket. Service by the chancery court clerk may be accomplished by mail or electronic means, including through the use of the electronic filing system. The chancery court clerk shall provide envelopes and postage for the mailings. Any party may in addition serve a notice of such entry in the manner provided in Rule 5(b) for the service of papers.

(2) Time to Appeal Not Affected by Lack of Notice. Lack of notice of the entry by the chancery court clerk does not affect the time to appeal or relieve, or authorize the chancery court to relieve, a party for failure to appeal within the time allowed, except as permitted by the Wyoming Rules of Appellate Procedure.

(e) Electronic Filing and Service of Orders or Judgments. A chancery court judge or his or her authorized staff may electronically file and serve orders, judgments, and other court-initiated documents through the electronic filing system. Such electronic service constitutes the service required under Rule 77(d) for electronic filing system users.