Rule 1 Scope and Definitions
Rule Text
(a) Scope. — Except as provided in Rule 54, these rules govern the procedures to be followed in all criminal proceedings in all Wyoming courts. When not inconsistent with the Juvenile Court Act, these rules shall also apply in delinquency proceedings. In the event that a procedure is not established by these rules, the Wyoming Rules of Civil Procedure shall govern.
(b) Definitions. —
(1) “Commissioner” means commissioner of the district court.
(2) “Judicial officer” means justices of the supreme court, district judges, circuit judges, magistrates, municipal judges and district court commissioners.
(3) “Attorney for the state” means an attorney authorized by statute or by ordinance to prosecute criminal cases.
(4) “Clerk” means, depending on context:
(A) The elected clerk of district court in each county; or
(B) For circuit and municipal courts the person so designated by the court.
(5) “State” means State of Wyoming except in prosecutions in municipal court in which it shall mean the municipality.
(6) “Sheriff” means a county sheriff except for prosecutions in municipal court in which it shall include the chief of police for the municipality.
(7) “Custodial officer” means the sheriff, chief of police or the officer in charge of a facility in which a defendant is being held on criminal charges.
(8) “Citation” means a document charging a defendant with an offense and requiring the defendant to appear in court and answer to the charge.
Amendment history: Amended January 8, 1992, effective March 24, 1992; amended July 22, 1993, effective October 19, 1993; amended June 30, 2000, effective July 1, 2000; amended December 2, 2002, effective January 6, 2003. Compare. — Rule 1, Fed. Rules Cr. Proc. Application of Rules of Civil Procedure. — Where defendant filed a motion for reconsideration of an order denying defendant’s motion for sentence reduction, pursuant to W.R.Cr.P. 1(a), the court applied the Wyoming Rules of Civil Procedure to the extent the issues to be addressed were not covered by the Wyoming Rules of Criminal Procedure. Padilla v. State, 2004 WY 66, 91 P.3d 920, 2004 Wyo. LEXIS 81 (Wyo. 2004). Application of civil procedure rules in criminal matters. — Appellate court assumed jurisdiction over an appeal of denial of postconviction relief although the district court declined to rule on the motion for over a year; the appeals court acknowledged that this rule provides for application of civil procedure rules where there is no rule of criminal procedure on point, but declined to apply the “deemed denied rule” of W.R.C.P. 6(c)(2). Patrick v. State, 2005 WY 32, 108 P.3d 838, 2005 Wyo. LEXIS 35 (Wyo. 2005).