Wyo. R. Prac. & P. 2.01

As amended through April 30, 2019
Rule 2.01 - How and when taken; cross-appeals and dismissals
(a) An appeal from a trial court to an appellate court shall be taken by filing the notice of appeal with the clerk of the trial court within 30 days from entry of the appealable order and concurrently serving the same in accordance with the provisions of Rule 5, Wyo. R. Civ. P., (or as provided in Wyo. R. Cr. P. 32(c)(4) ). The pro se filing of a notice of appeal by an inmate confined in a penal institution is additionally subject to the provisions of Rule 14.04. Contemporaneously with the filing of the notice of appeal with the clerk of the trial court, a copy of the notice of appeal shall also be served on the clerk of the appellate court. See Rule 1.03. In criminal cases appealed to the supreme court, the notice of appeal shall be served upon the office of public defender and the office of attorney general. In cases specified in Wyo.Stat.Ann. § 14-12-101(a), the notice of appeal shall be served upon the Wyoming Guardian Ad Litem Program.
(1) Upon a showing of excusable neglect, the trial court in any action may extend the time for filing the notice of appeal, provided the application for extension of time is filed prior to the expiration of 45 days from entry of the appealable order. Along with the application for extension of time, appellant shall submit a proposed notice of appeal, which the clerk of court shall retain. At the time of filing the application for extension of time, appellant shall also deliver to the clerk of the trial court the filing fee for docketing the case in the appellate court or a motion for leave to proceed in forma pauperis. See Rule 2.09(a). If the district court does not enter an order granting the application for extension within 14 days of filing of the application, the application shall be deemed denied. If the trial court grants the application for extension of time within the 14-day period, the clerk of court shall file the proposed notice of appeal concurrently with entry of the order extending the time. If the trial court denies the application or if the application is deemed denied, any docketing fee shall be refunded to appellant. Appellant shall promptly serve appellee a copy of the order extending the time. If such an order is issued, it shall be appended to the notice of appeal that is served on the clerk of the appellate court.
(2) If a timely notice of appeal is filed by a party, any other party may file a notice of appeal within the time prescribed by Rule 2.01(a) or within 15 days of the date on which the first notice of appeal was filed.
(b) If an appeal has not been docketed with the appellate court, the parties, with the approval of the trial court, may dismiss the appeal by stipulation filed in that court, or that court may dismiss the appeal upon motion and notice by appellant.
(c) An amended notice of appeal shall be limited to the correction of clerical errors or omissions in the original notice of appeal. It may not be used for the purpose of appealing an order or judgment entered subsequent to the filing of the original notice of appeal, except as provided in 2.02(c) or when a subsequent order or judgment amends the order or judgment from which the appeal was initially taken. The amended notice shall be served and filed pursuant to the provisions of Rule 14.01, provided, however, that no filing fees need be paid.

Wyo. R. Prac. & P. 2.01

Added July 26, 2006, effective December 1, 2006; amended April 14, 2010, effective July 1, 2010; August 23, 2017, effective November 1, 2017.