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Rule 1 – Scope and Definitions

May 14, 2021 | Criminal Procedure, Wyoming

(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.

Wyo. R. Prac. & P. 1

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