Rule 10.05 - Costs and penalties on affirmance(a) When the judgment or appealable order is affirmed in a civil case, appellee shall recover costs. The appellee may also recover costs when appeal is dismissed in the court opinion after full briefing. The costs are awarded in the mandate and shall be as follows: the costs of producing the original brief which shall be computed at the per page rate allowed by law for making the transcript, and the cost of copies for the briefs filed in the court and served on the appellant. If the appellant failed to order and pay for a transcript of the evidence of the case or only ordered a portion of the transcript, then if appellee ordered necessary portions of the transcript, appellee shall recover the costs expended ordering the transcript. An appellee may also recover the cost of a copy obtained from the court reporter at the statutory rate for copies of portions of the transcript ordered by the appellant. (b) If the court certifies, whether in the opinion or upon motion, there was no reasonable cause for the appeal, a reasonable amount for attorneys' fees and damages to the appellee shall be fixed by the appellate court and taxed as part of the costs in the case. The amount for attorneys' fees shall not be less than one hundred dollars ($100.00) nor more than ten thousand dollars ($10,000.00). The amount for damages to the appellee shall not exceed two thousand dollars ($2,000.00).(c) If the court finds that circumstances warrant, the taxation of fees, costs and sanctions may be entered against counsel of record and not the appellant if the court finds any of the following: (1) Counsel has filed a deficient brief or the brief contains misrepresentations and omissions; (2) Counsel has filed a brief that failed to follow these rules;(3) Counsel ignored or failed to perform any meaningful research of the law and to make a determination the claim on appeal is without merit; (4) Counsel, not appellant, is responsible for bringing a frivolous appeal; (5) Counsel is dilatory in prosecuting the appeal by missing filing deadlines, receiving sanctions for failure to provide notice of appeal and/or designation of record or failing to comply with orders entered by the court; (6) Other misconduct determined in the discretion of the appellate court.
Wyo. R. Prac. & P. 10.05
Amended April, 6, 2015, effective July 1, 2015; August 23, 2017, effective November 1, 2017.