Under which rule in Wyoming can I appeal to the district court in order to introduce new documents?
Full Question:
I lost just a landlord tenant case in a Wyoming Circuit Court. I wanted to get the prepaid rent for the second half of the month back, since we had moved out in the middle of the month on a mutual agreement.The judge did not recognize the reason claimed by the landlord (defendant) why he is keeping the unused rent but asked at the end of the trial whether the new tenants got the house key immediately when we moved out. I told him that the new tenant was in at the same day. He asked me twice whether I actually saw that the key was handed to the new tenant. I told him that I did not see the actual act of handing over the key.The judge asked the defendant the same question twice. He answered under oath that the new tenant did not get the key before the beginning of the next month and did not have access to the house in the remaining two weeks of the month we had moved out. Since I could not prove that the house was already occupied by the new tenant in the second half of the month the claim was dismissed. The the judgement is based on the defendant's statement. (The landlord had never before claimed that he had a loss since there was no tenant for the second half of the month...)Now my former neighbours tell me that the new tenants got the key on the same day of our move out. In addition, I got the printout from the utility company that the payment for water and power was taken over by the new tenant (not by the landlord) the next day we moved out. Under which rule in WY I can appeal to the district court in order to introduce new documents and affidavits to reverse that judgement on the ground that the landlord gave a false statement under oath - committing perjury.
03/18/2009 |
Category: Perjury |
State: Wyoming |
#15683
Answer:
The following are Wyoming Court Rules:
Rule 60. Relief from judgment or order.
(a) Clerical mistakes. — Clerical mistakes in judgments,
orders or other parts of the record and errors therein
arising from oversight or omission may be corrected by the
court at any time of its own initiative or on the motion of
any party and after such notice, if any, as the court orders.
During the pendency of an appeal, such mistakes may be so
corrected before the appeal is docketed in the Supreme Court,
and thereafter while the appeal is pending may be so
corrected with leave of the Supreme Court.
(b) Other reasons. — On motion, and upon such terms
as are just, the court may relieve a party or a party's legal
representative from a final judgment, order, or proceeding
for the following reasons:
(1) mistake, inadvertence,
surprise, or excusable neglect;
(2) newly discovered evidence
which by due diligence could not have been discovered in time
to move for a new trial under Rule 59(b);
(3) fraud (whether
heretofore denominated intrinsic or extrinsic),
misrepresentation, or other misconduct of an adverse party;
(4) the judgment is void;
(5) the judgment has been
satisfied, released, or discharged, or a prior judgment upon
which it is based has been reversed or otherwise vacated, or
it is no longer equitable that the judgment should have
prospective application; or
(6) any other reason justifying
relief from the operation of the judgment.
The motion shall
be made within a reasonable time, and for reasons (1), (2),
and (3) not more than one year after the judgment, order, or
proceeding was entered or taken. A motion under this
subdivision does not affect the finality of a judgment or
suspend its operation. This rule does not limit the power of
a court to entertain an independent action to relieve a party
from a judgment, order, or proceeding as provided by statute,
or to grant relief to a party against whom a judgment or
order has been rendered without other service than by
publication as provided by statute. Writs of coram nobis,
coram vobis, audita querela, and bills of review and bills in
the nature of a bill of review, are abolished, and the
procedure for obtaining any relief from a judgment shall be
by motion as prescribed in these rules or by an independent
action.
1.05. Appealable order defined.
An appealable order is:
(a) An order affecting a substantial right in an action,
when such order, in effect, determines the action and
prevents a judgment; or
(b) An order affecting a substantial right made in a
special proceeding; or
(c) An order made upon a summary application in an action
after judgment; or
(d) An order, including a conditional order, granting a new
trial on the grounds stated in Rule 59(a)(4) and (5),
Wyo. R. Civ. P.; if an appeal is taken from such an order, the
judgment shall remain final and in effect for the purposes of
appeal by another party; or
(e) Interlocutory orders and decrees of the district courts
which:
(1) Grant, continue, or modify injunctions, or dissolve
injunctions, or refuse to dissolve or modify injunctions; or
(2) Appoint receivers, or issue orders to wind up
receiverships, or to take steps to accomplish the purposes
thereof, such as directing sales or other disposition of
property.
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. Within five days of the filing of the notice of
appeal with the clerk of the trial court, a copy of the
notice of appeal shall also be filed with the clerk of the
appellate court, and in a criminal case upon the office of
public defender and the office of attorney general.
(1) Upon a showing of excusable neglect, the trial court in
any action may extend the time for filing the notice of
appeal not to exceed 15 days from the expiration of the
original time prescribed, provided the application for
extension of time is filed and the order entered prior to the
expiration of 45 days from entry of the appealable order;
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 the appeal.
(2) If a timely notice of appeal is filed by a party, any
other party may file a notice of appeal 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.
9.05. Plain error.
Plain errors or defects affecting substantial rights may be
noticed although they were not brought to the attention of
the trial court.