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Rule 42.1 – Remedial sanctions; payment for losses

May 14, 2021 | Criminal Procedure, Wyoming

(a) Initiation of proceedings. –

The court may initiate a proceeding to impose a remedial sanction on its own motion or on the motion of any person aggrieved by a contempt of court in the criminal proceeding to which the contempt is related. The proceeding shall be civil in nature and the Wyoming Rules of Civil Procedure shall apply.

(b) Coercive remedies. –

If, after notice and hearing, the court finds that a person has failed or refused to perform an act that is yet within the person’s power to perform, the court may find the person in civil contempt of court and impose one or more of the following remedial sanctions:

(1) Imprisonment which may extend only so long as it serves a coercive purpose;
(2) An order designed to ensure compliance with a prior order of the court; or
(3) Any other remedial sanction other than the sanctions specified in paragraph (1) or (2) if the court expressly finds that those sanctions would be ineffectual to terminate a continuing contempt of court.
(c) Compensatory remedies. –

The court may, in addition to the remedial sanctions set forth in subdivision (b), order a person found in contempt of court to pay a party for any losses suffered by the party as a result of the contempt and any costs incurred in connection with the contempt proceeding, including reasonable attorney’s fees.

(d) Other criminal or civil remedies. –

An action for or imposition of remedial sanctions under this rule shall not limit nor be limited by any other criminal or civil remedies.

(e) Imposition of sanctions. –

A remedial sanction may be imposed by a justice of the supreme court, a judge or commissioner of a district court, a judge or magistrate of the circuit court, or municipal judge.

Wyo. R. Prac. & P. 42.1

amended June 30, 2000, effective July 1, 2000; amended December 2, 2002, effective January 6, 2003