Rule 7 - Effect of Decision; Enforcement (a) Compliance with Decision. (1) Where the parties have agreed to be bound by the arbitration or have settled the dispute, the parties shall have 30 days from service of the written decision or the date the stipulation of settlement is signed by the parties to comply with the decision or settlement unless the written decision expressly provides otherwise. (2) Where there is no agreement to be bound by the arbitration, any party is entitled to a trial de novo if sought within 30 days from service of the written decision, except that if a party willfully fails to appear at the arbitration hearing in the manner set forth in Rule 5(g) and (h), that party shall not be entitled to a trial de novo. The determination of willfulness shall be made by the court. The party who failed to appear at the arbitration shall have the burden of proving that the failure to appear was not willful. In making its determination, the court may consider any findings made by the arbitrators on the subject of a party's failure to appear. If a trial de novo is not sought within 30 days, the decision becomes binding. (b) Trial De Novo. (1) If there is an action pending, the trial de novo shall be initiated by filing a rejection of arbitration award and request for trial in that action within 30 days from service of the written decision. (2) If no action is pending, the trial de novo shall be initiated by the commencement of an action in the court having jurisdiction over the amount in controversy within 30 days from the service of the written decision. (3) The party seeking a trial de novo shall be the prevailing party if that party obtains a judgment more favorable than that provided by the arbitration award, and in all other cases the other party shall be the prevailing party. The prevailing party may, in the discretion of the court, be entitled to an allowance for reasonable attorney's fees and costs incurred in the trial de novo, which allowance shall be fixed by the court. In fixing the attorney's fees, the court shall consider the decision and determinations of the arbitrators, in addition to any other relevant evidence. (4) Except as provided in this rule, the decision and determinations of the arbitrators shall not be admissible in any action or proceeding and shall not operate as collateral estoppel or res judicata. Arbitrators shall not be called as witnesses. (c) Petition to Confirm, Correct, or Vacate the Decision. (1) If a civil action has been stayed pursuant to these rules, any petition to confirm, correct, or vacate the decision shall be filed with the court in which the action is pending, and shall be served in accordance with the Wyoming Rules of Civil Procedure. (2) If no action is pending in any court, the decision may be confirmed, corrected, or vacated by petition to the court having jurisdiction over the amount of the decision, in accordance with the Wyoming Rules of Civil Procedure. (3) A court confirming, correcting or vacating a decision under these rules may award to the prevailing party reasonable fees and costs including, if applicable, fees or costs on appeal, incurred in obtaining confirmation, correction or vacation of the award. The party obtaining judgment confirming, correcting, or vacating the decision shall be the prevailing party except that, without regard or consideration of who the prevailing party may be, if a party did not appear at the arbitration hearing in the matter provided by these rules, that party shall not be entitled to attorney's fees or costs upon confirmation, correction, or vacation of the award. Wyo. R. State Bar, Att'y Cond. & Prac. 7
Adopted May 10, 2016, effective October 1, 2016.