As amended through April 30, 2019
Rule 2.09 - Payment of filing fee, motion to proceed in forma pauperis, and disposition (a) At the time of filing the notice of appeal, an appellant shall deliver to the clerk of the trial court the filing fee for docketing the case in the appellate court and the filing fee for the trial court clerk to prepare the record or a motion for leave to proceed in forma pauperis together with a proposed order and an affidavit documenting the appellant's inability to pay fees and costs or to give security. Except as provided below, a docket fee shall be collected for each notice of appeal pursuant to Wyo.Stat.Ann. § 5-3-205 and § 5-9-135 and court rule. The fee for filing an appeal or other action in the supreme court shall be set by order of the court and published in Rules of the Supreme Court of Wyoming. (b) In civil cases, the trial court may not permit an appellant to proceed on appeal in forma pauperis unless such status is permitted by statute or constitutional right. See e.g. M.L.B. v. S.L.J., 519 U.S. 102, 117 S.Ct. 555, 136 L.Ed.2d 473 (1996) (permitting indigent parent to proceed in forma pauperis in appeal challenging termination of parental rights). Incarceration alone does not confer in forma pauperis status. (c) If the trial court denies the motion for leave to proceed in forma pauperis, an appellant may, within 30 days of entry of the order denying the motion, deliver to the clerk of the trial court the filing fee for docketing the case in the appellate court. If such fee is not paid within those 30 days, the appeal will not proceed further. (d) A notice of appeal may be faxed to the clerk of the trial court; the notice of appeal shall not be filed until payment of the docket fees is received by the clerk of the trial court or a motion to proceed in forma pauperis is faxed to the clerk of the trial court, pursuant to this rule and Wyo.Stat.Ann. § 5-3-205. (e) The clerk of the trial court shall forward the appellate court's filing fee to the clerk of the appellate court or an order granting leave to proceed in forma pauperis at the time the clerk of the trial court submits its notice that the record on appeal has been completed. The case shall then be docketed in the appellate court. (f) If the appeal is dismissed prior to the notice from the clerk of the trial court to the clerk of the appellate court that the record on appeal has been completed, the filing fee for docketing the case in the appellate court shall be refunded to appellant. A subsequent dismissal by the appellate court of the appeal, whether by voluntary motion or involuntary order shall not entitle appellant to refund of the filing fee. (g) All fees under this rule due from or payable by the State of Wyoming or its subdivisions will be paid to the clerk of the trial court by check, voucher or other appropriate fund transfer request in the proper form. Amended April 6, 2015, effective July 1, 2015.