Rule 61. Laws Superseded

From and after February 11, 1969, the sections of the Wyoming Statutes, 1977, Republished Edition, as amended, hereinafter enumerated, shall be superseded, and such statutes and all other laws in conflict with these rules shall be of no further force or effect: 7-1-104 through 7-1-105 7-7-101 through 7-7-103 7-8-102 through 7-8-103 7-10-101 through 7-10-102 7-10-104 through 7-10-105 7-11-103 7-11-202 through 7-11-203 7-11-403 7-11-407 7-11-501 through 7-11-502 7-12-101 7-12-301 7-13-407 through 7-13-409 Appendix of Forms Form 1. [Abrogated]. Form 2. Criminal Warrant. THE STATE OF WYOMING, Plaintiff, } Before .......... vs. } John Doe, } Defendant. } THE STATE OF WYOMING } COUNTY OF } ss: To the Sheriff of said County, Greeting: Whereas Richard Roe has this day complained to me, on oath, that John Doe did on or about the .......................... day of . . . . . . . . . . . . . . . ., (year), in the county and state aforesaid (Describe the offense charged in the complaint.) and prayed that the said John Doe might be arrested and dealt with according to law. Now, therefore, in the name of the State of Wyoming, you are hereby commanded forthwith to apprehend the said John Doe and bring .... before me to be dealt with according to law. Given under my hand this ................ day of . . . . . . . . . . . . . . . ., (year) .............................................................. Judge Form 3. Information. IN THE DISTRICT COURT THE STATE OF WYOMING ss: COUNTY OF . . . . . . . . . . . . . . .................. JUDICIAL DISTRICT} THE STATE OF WYOMING, Plaintiff, INFORMATION vs. JOHN DOE, Defendant. Criminal Action No. .................. } Comes Now A.B., County and Prosecuting Attorney of the County of ....... and State of Wyoming, and in the name and by the authority of the State of Wyoming informs the court and gives the court to understand that John Doe late of the county aforesaid, on the ..................... day of . . . . . . . . . . . . . ., (year), in the County of ........... in the State of Wyoming, did unlawfully (A definite statement of the essential facts, act or omissions constituting the crime or offense charged, in plain, ordinary and concise language. Also state for each count the official or customary citation of the statute, rule or regulation or other provision of the law which the defendant is alleged therein to have violated.) contrary to the form of the statute in such case made and provided, and against the peace and dignity of the State of Wyoming. ............................................. County and Prosecuting Attorney of the County of .................. , State of Wyoming THE STATE OF WYOMING ss: COUNTY OF . . . . . . . . . . . . . . } I, ............................., County and Prosecuting Attorney of the County of ..........................., State of Wyoming, do solemnly swear that I have read the above and foregoing information by me subscribed, that I know the contents thereof, and that the facts therein stated are true (or that I have been reliably informed and verily believe the facts therein stated to be true.) So help me God. ............................................. County and Prosecuting Attorney of the County of ..................., State of Wyoming Sworn to before me and signed in my presence this ..................... day of . . . . . . . . . . . . . . . ., (year), and I do hereby so certify. .......................................... Clerk of the District Court Defendant pleads . . . . . . . . . . . . . . Dated this . . . . . . . . . . . . . . . . day of . . . . . . . . . . . . . . . . . ., (year) .......................................... JUDGE Form 4. Summons. IN THE DISTRICT COURT THE STATE OF WYOMING ss: COUNTY OF . . . . . . . . . . . . . . .................. JUDICIAL DISTRICT } THE STATE OF WYOMING, Plaintiff, SUMMONS vs. JOHN DOE, Defendant. Criminal Action No. .................. } TO JOHN DOE: You are hereby summoned to appear before the District Court for the . . . . . . Judicial District, State of Wyoming, County of . . . . . . . . . . . . . . . ., at the courthouse thereof in the City of . . . . . . . . . . . ., on the ........................... day of . . . . . . . . . . . . . . . ., (year), at ........................... o’clock . . . . . M. to answer to (Describe the offense charged in the complaint or information.) Dated this . . . . . . . . . . . . . . . . day of . . . . . . . . . . . . . . . . . ., (year) .......................................... Clerk of the District Court Form 5. Motion by Defendant to Dismiss Information. IN THE DISTRICT COURT THE STATE OF WYOMING ss: COUNTY OF . . . . . . . . . . . . . . .................. JUDICIAL DISTRICT} THE STATE OF WYOMING, Plaintiff, MOTION BY DEFENDANT TO DISMISS vs. INFORMATION JOHN DOE, Defendant. Criminal Action No. .................. } The defendant moves that the information be dismissed on the following grounds: 1. The court is without jurisdiction because the offense, if any, is cognizable only in the District Court of the . . . . . . Judicial District ..... County, State of Wyoming. 2. The information does not state facts sufficient to constitute an offense against the State of Wyoming. (Any other grounds upon which the defendant desires to move that the information be dismissed.) Dated this . . . . . . . . . . . . . . . . day of . . . . . . . . . . . . . . . . . ., (year) .......................................... Attorney for the Defendant Form 6. Subpoena. IN THE DISTRICT COURT THE STATE OF WYOMING ss: COUNTY OF . . . . . . . . . . . . . . .................. JUDICIAL DISTRICT } THE STATE OF WYOMING, Plaintiff, SUBPOENA vs. JOHN DOE, Defendant. Criminal Action No. .................. } To the Sheriff of ................................. County, Wyoming, Greeting: You are hereby commanded to notify .................................. to be and appear at a term of the District Court of the ............. Judicial District of the State of Wyoming, to be held in the City of . . . . . . . . . . . . . . . ., County of . . . . . . . . . . . ., in said state, on the .................. day of . . . . . . . . . . . . . . . ., (year), at ......... o’clock . . . . M., then and there to testify as a witness on behalf of ....................... in a cause now pending in said court, wherein the State of Wyoming is plaintiff, and John Doe is defendant and this you are not to omit under penalty of the law. WITNESS THE CLERK OF SAID COURT, AND THE SEAL THEREOF, THIS ................ of . . . . . . . . . . . . . . . . . ., (year). .......................................... Clerk of the District Court Form 7. Appearance Bond; Justification of Sureties. IN THE DISTRICT COURT THE STATE OF WYOMING ss: COUNTY OF . . . . . . . . . . . . . . .................. JUDICIAL DISTRICT} THE STATE OF WYOMING, Plaintiff, APPEARANCE BOND vs. JOHN DOE, Defendant. Criminal Action No. .................. } KNOW ALL MEN BY THESE PRESENTS, THAT WE, JOHN DOE AS PRINCIPAL, AND (John Brown) (Mary Brown) .................. AND . . . . . . . . . . . . . . . . . . . . . . . ., as sureties, are held and firmly bound unto the State of Wyoming, in the penal sum of ................ Dollars ($. . . . . . . . . .) for the payment of which well and truly to be made we hereby bind ourselves, our heirs, executors and assigns, jointly, severally and firmly by these presents. The condition of this bond is that the defendant is to appear in the District Court of the .......... Judicial District, in the City of . . . . . . . . . . . ., County of . . . . . . . . . . . . . . . ., State of Wyoming, in accordance with all orders and directions of the court relating to the appearance of the defendant before the court in the above entitled case; and if the defendant appears as ordered, then this bond to be void, but if the defendant fails to perform this condition or appear as ordered, payment of the amount of the bond shall be due forthwith. If the bond is forfeited and the forfeiture is not set aside or remitted, judgment may be entered upon motion in the said district court against each debtor jointly and severally for the amount above stated together with interest and costs, and execution may be issued or payment secured as provided by the Wyoming Rules of Criminal Procedure and by other laws of the State of Wyoming. WITNESS OUR HANDS AND SEALS THIS .................. DAY OF . . . . . . . . . . . . . . . ., (year) (Seal) .......................................... Principal (Seal) .......................................... Surety (Seal) .......................................... Surety I approve the sufficiency of the above bond this .......................... day of . . . . . . . . . ., (year) .......................................... Clerk of the District Court Justification of Sureties I, the undersigned surety, on oath say that I reside at . . . . . . . . . . . . . . . .; and that my net worth is the sum of . . . . . . . . Dollars ($. . . . . . . . . . . .). I further say that (A statement of additional justification if the commissioner or court so directs.) ...................................................................... ............................................................................................ .......................................... Surety Sworn and subscribed to before me this ................ day of . . . . . . . . . . . ., (year), at . . . . . . . . . . . . . . . . . .......................................... Clerk of the District Court I, the undersigned surety, on oath say that I reside at . . . . . . . . . . . . . . . .; and that my net worth is the sum of . . . . . . . . Dollars ($. . . . . . . . . . . .). I further say that (A statement of additional justification if the commissioner or court so directs.) ...................................................................... ............................................................................................ .......................................... Surety Sworn and subscribed to before me this .............. day of . . . . . . . . . . . ., (year), at . . . . . . . . . . . . . . . . . .......................................... Clerk of the District Court Form 8. Motion in Arrest of Judgment. IN THE DISTRICT COURT THE STATE OF WYOMING } ss: COUNTY OF .................. } ..................JUDICIAL DISTRICT THE STATE OF WYOMING, } Plaintiff, } Motion in Arrest of Judgment vs. } John Doe, } Defendant. } Criminal Action No. .................. The defendant moves the court to arrest the judgment for the following reasons: 1. The information does not state facts sufficient to constitute an offense against the State of Wyoming. 2. This court is without jurisdiction of the offense, in that the offense, if any, was not committed in this county or district. Dated this . . . . . . . . . . . . day of . . . . . . . . . . . . . . . ., (year) .............................................................. Attorney for the Defendant Form 9. Motion for New Trial. IN THE DISTRICT COURT THE STATE OF WYOMING ss: COUNTY OF . . . . . . . . . . . . . . .................. JUDICIAL DISTRICT} THE STATE OF WYOMING, Plaintiff, MOTION FOR NEW TRIAL vs. JOHN DOE, Defendant. Criminal Action No. .................. } The defendant moves the court to grant him a new trial for the following reasons: 1. The court erred in denying defendant’s motion for acquittal at the conclusion of the evidence. 2. The verdict is contrary to the weight of the evidence. 3. The verdict is not supported by substantial evidence. 4. The court erred in sustaining objections to questions addressed to the witness Richard Roe. 5. The court erred in admitting testimony of the witness Richard Roe to which objections were made. 6. The court erred in charging the jury and in refusing to charge the jury as requested. (Set out instructions.) 7. The court erred in denying the defendant’s motion for a mistrial. (Any other grounds relied upon for a new trial.) Dated this . . . . . . . . . . . . day of . . . . . . . . . . . . . . . ., (year) .......................................... Attorney for the Defendant Form 10. Search Warrant. IN THE DISTRICT COURT THE STATE OF WYOMING ss: COUNTY OF . . . . . . . . . . . . . . .................. JUDICIAL DISTRICT} THE STATE OF WYOMING, Plaintiff, SEARCH WARRANT vs. JOHN DOE, Defendant. Criminal Action No. .................. } To: (Name and Title of Officer): Affidavit having been made before me by ................. that he has reason to believe that on the premises known as ................. Street, in the City of . . . . . . . . . . . . . . . ., County of . . . . . . . . . . . . . . . ., State of Wyoming, there is now being concealed certain property, namely, (Describe with particularity the property and in conformance with the rule on search warrants), and as I am satisfied that there is probable cause to believe that the said property is being concealed on the premises above described. (State the grounds of probable cause.) You are hereby commanded to search the place named for the property specified, serving this warrant and making the search . . . . . . . . . . . . . . . ., and if the property be found there to seize it, prepare a written inventory of the property seized and bring the property before me. 0 Dated this . . . . . . . . . . . . day of . . . . . . . . . . . . . . . ., (year) ............................................................. Title of Officer Issuing Search Warrant Form 11. Motion for Return of Seized Property and Suppression of Evidence. IN THE DISTRICT COURT THE STATE OF WYOMING ss: COUNTY OF . . . . . . . . . . . . . . .................. JUDICIAL DISTRICT} THE STATE OF WYOMING, MOTION FOR RETURN OF SEIZED Plaintiff, PROPERTY AND SUPPRESSION vs. OF EVIDENCE JOHN DOE, Defendant. Criminal Action No. .................. } John Doe hereby moves this court to direct that certain property of which he is the owner, a schedule of which is annexed hereto, and which on the ....... day of . . . . . . . . . . . . . . . ., (year), at the premises known as ......... Street, in the City of . . . . . . . . . . . . . . . ., in the County of . . . . . . . . . . . . . . . ., State of Wyoming, was unlawfully seized and taken from him by a Deputy Sheriff of the County of . . . . . . . . . . . . . . . ., State of Wyoming, (Give name of deputy, if known, and if unknown, so state) be returned to him and that it be suppressed as evidence against him in any criminal proceeding. The petitioner further states that the property was seized against his will and without a search warrant. Defendant further moves that any and all testimony in regard to said property, and testimony or evidence based upon said unlawful search and seizure be likewise suppressed as evidence against him. Dated this . . . . . . . . . . . . day of . . . . . . . . . . . . . . . ., (year) .......................................... Attorney for Petitioner Form 12. Criminal Rules Translation Table.