Wyo. R. Prac. & P. 12.09

As amended through April 30, 2019
Rule 12.09 - Extent of review
(a) Review shall be conducted by the reviewing court and shall be confined to the record as supplemented pursuant to Rule 12.08 and to the issues set forth in the petition and raised before the agency. Review shall be limited to a determination of the matters specified in Wyo.Stat.Ann. § 16-3-114(c).
(b) Upon such review, or in response to a motion for certification or interlocutory appeal by any party within 30 days of the filing of the petition for review and after allowing fifteen (15) days from service for response, the district court may, as a matter of judicial discretion, certify the case to the supreme court. In determining whether a case is appropriate for certification, the district court shall consider whether the case involves:
(1) a novel question;
(2) a constitutional question;
(3) a question of state-wide impact;
(4) an important local question which should receive consideration from the district court in the first instance;
(5) a question of imperative public importance; or
(6) whether an appeal from any district court determination is highly likely such that certification in the first instance would serve the interests of judicial economy and reduce the litigation expenses to the parties.
(c) Not later than 15 days after its receipt of the completed record, the district court shall notify the parties of its decision concerning certification by order, which shall include a concise statement of the issues raised in the petition and findings, which support the determination concerning certification. Upon entry of an order of certification, the petitioner shall pay the required docketing fee. After receipt of the docket fee from the petitioner, the clerk of the district court shall:
(1) forward a copy of the order of certification, the petition for review, and agency decision to the reviewing court; and
(2) send the docket fee to the clerk of the supreme court.
(d) The supreme court, in its discretion, may accept or reject a certified case, and it shall accept or reject the case within 30 days of receiving the certification order. If a case is rejected by the supreme court the review shall be conducted by the district court in accordance with paragraphs (a), (e) and (f) of this rule. The filing of the record, briefs, and oral argument in the supreme court shall be as in civil cases pursuant to Rules 2.08, 4, 7, and 8.
(e) For all cases not certified to the supreme court, the district court may receive written briefs and hear oral argument in its discretion. The briefing schedule shall be fixed by the district court.
(f) The district court's judgment shall be in the form of an order affirming, reversing, vacating, remanding or modifying the order for errors appearing on the record. The district court may also dismiss the appeal for procedural defects including want of prosecution and such dismissal shall be subject to reinstatement pursuant to Rule 15. No mandate shall issue from the district court in Rule 12 cases.
(g) The district court's judgment may be challenged by a petition for rehearing pursuant to W.R.A.P. 9.08. Except where there has been a timely petition for rehearing filed, the time for appeal is measured from the entry of the judgment.

Wyo. R. Prac. & P. 12.09

Amended May 4, 1999, effective October 1, 1999; amended May 4, 2001, effective September 1, 2001; amended April, 6, 2015, effective July 1, 2015.