Wyo. R. Prac. & P. 40.1
Adopted effective March 1, 2017; amended April 2, 2019, effective July 1, 2019.
Advisory Notes: Subsection (E) clarifies that parties may not peremptorily disqualify a judge after the judge has already made any decision in the case. In the Matter of Estate of Meeker, 2017 WY 75, ΒΆ 19, 397 P.3d 183, 188 (Wyo. 2017), the Wyoming Supreme Court held that a party making a will contest could disqualify a judge under the rule because the will contest was a separate action from the pending probate matter. The Wyoming Supreme Court has also held that a custody modification petition, even though filed under the same docket number as the original divorce action, “is considered a separate and distinct proceeding.” Goss v. Goss, 780 P.2d 306, 310 (Wyo. 1989). However, in denying a petition for writ of review, the Wyoming Supreme Court in Hendrickson v. Casey, Case No. 02-140, held that a party to a modification petition could not peremptorily disqualify the judge who heard the initial custody case because the judge had “presided over prior modification proceedings.” Subsection (E) clarifies that a party may not seek a different judge when seeking to modify an order entered by a judge who had not been disqualified at the start of the case. Although this Rule does not apply to Criminal and Juvenile proceedings, it does apply to all other original proceedings before the District Courts whether initiated by a “Petitioner,” a “Movant,” or otherwise.