Wyo. R. App. P. 3.04 (2026)

Rule 3.04. Correction or Modification of the Record. If any difference arises as to whether the record discloses what occurred in the trial court, the difference shall be submitted to and settled by that court and the record made to conform to the truth. If anything material to either party is omitted from the record by error or accident or is misstated, the parties by stipulation, or the trial court either before or after the record is transmitted to the appellate court, or the appellate court on motion or its own initiative, may direct that the omission or misstatement be corrected, and if necessary that a supplemental record be certified and transmitted. All other questions as

33 RULES OF APPELLATE PROCEDURE Rule 3.04

to the form and content of the record shall be presented to the appellate court by motion.

Source. — Former Rule 75(d), W.R.C.P.; for- Scope of supplemental record. — Where mer Rule 11, Sup. Ct. the supplemental materials which a defendant Attaching document to brief. — Attach- seeks to have included in the record are not ing a document from a separate action―which included in the present appellate record be- was not on appeal to the appellate court―to a cause such were not made a matter of record brief and asking the appellate court to take below in support of any issue put before the judicial notice of the document did not make trial court, those materials have had no part in the requirements for supplementing the official the trial of the case, and Wyo. R. App. P. 3.04 record. Gaston v. Life Care Ctrs. of Am., Inc., justifies only the inclusion of materials omitted 2021 WY 74, 488 P.3d 929, 2021 Wyo. LEXIS 82 from the record on appeal. The rule does not (Wyo. 2021). offer a vehicle to augment the record made in Incorporating amendment of order into the trial court. There is no discerned abuse of record. — Where amendment of order for new discretion in a trial court’s decision to deny a trial appealed from is incorporated into record defendant’s motion to supplement the appellate on appeal on party’s application, record need record by including them. Harlow v. State, 2003 not be returned for correction since omissions WY 47, 70 P.3d 179, 2003 Wyo. LEXIS 58 (Wyo. may be incorporated by requiring clerk to cer- 2003), reh’g denied, 2003 Wyo. LEXIS 85 (Wyo. tify thereto or by granting leave to file certified May 20, 2003), cert. denied, 540 U.S. 970, 124 copy. Allen v. Lewis, 26 Wyo. 85, 177 P. 433, S. Ct. 438, 157 L. Ed. 2d 317, 2003 U.S. LEXIS 1919 Wyo. LEXIS 3 (Wyo. 1919) (decided under 7776 (U.S. 2003). § 1-412, C.S. 1945). Standard of review. — The Wyoming su- Letter presented by both parties consid- preme court will apply an abuse-of-discretion ered as part of record. — Where the district standard in reviewing the denial of a post-trial court’s decision letter was not a part of the motion to supplement the record on appeal. record on appeal, but was presented to the Harlow v. State, 2003 WY 47, 70 P.3d 179, 2003 Supreme Court by both parties, it shall be Wyo. LEXIS 58 (Wyo. 2003), reh’g denied, 2003 considered as though it were a part of the Wyo. LEXIS 85 (Wyo. May 20, 2003), cert. record. Meuse-Rhine-Ijssel Cattle Breeders v. denied, 540 U.S. 970, 124 S. Ct. 438, 157 L. Ed. Y-Tex Corp., 590 P.2d 1306, 1979 Wyo. LEXIS 2d 317, 2003 U.S. LEXIS 7776 (U.S. 2003). 361 (Wyo. 1979). Record from codefendant’s trial. — Wyo- Transcript not designated but not ob- ming supreme court reaffirmed denial of defen- jected to by motion considered part of the dant’s motion to supplement record with tran- record. — Although appellee condemnor ob- script of codefendant’s trial, where supreme jected in its brief to the appellate court’s con- court’s reference, in prior order, to this tran- sideration of transcripts not previously desig- script (1) was made only in order to support nated by appellant condemnees acting pro se, proposition that particular witness testified but nonetheless included by the district court consistently on one issue, and (2) explained clerk in the transmittal of the record to the limitation of witness’ testimony with respect to appellate court, the court considered the certi- defendant’s alleged participation in killing. fied record as submitted, finding that it was Harlow v. State, 2003 WY 47, 70 P.3d 179, 2003 unreasonable to grant the condemnor’s objec- Wyo. LEXIS 58 (Wyo. 2003), reh’g denied, 2003 tion and disregard the transcripts when the Wyo. LEXIS 85 (Wyo. May 20, 2003), cert. condemnor itself failed to properly raise the denied, 540 U.S. 970, 124 S. Ct. 438, 157 L. Ed. issue by motion. Conner v. Bd. of County 2d 317, 2003 U.S. LEXIS 7776 (U.S. 2003). Comm’rs, 2002 WY 148, 54 P.3d 1274, 2002 Omission did not require reversal. — Wyo. LEXIS 163 (Wyo. 2002). Although a record on appeal from a death When jury instruction not subject of re- penalty case did not contain a transcript of the view. — Where there is no certification nor any instructions conference that preceded the order in the record, jury instruction is not charge to the jury in the guilt/innocence phase properly before the appellate court nor is it the and other off-the-record conferences, since de- subject of review. Sanders v. Pitner, 508 P.2d fense counsel failed to attempt to augment the 602, 1973 Wyo. LEXIS 151 (Wyo. 1973). record as permitted by Wyo. R. App. P. 3.03 or Absent report, later discussion between 3.04, the omission of the conference did not judge and counsel relied upon. — The Su- require reversal. Eaton v. State, 2008 WY 97, preme Court agreed to review the trial court’s 192 P.3d 36, 2008 Wyo. LEXIS 103 (Wyo. 2008), voir dire procedures even though they were reh’g denied, 2008 Wyo. LEXIS 114 (Wyo. Sept. unrecorded because defense counsel waived the 15, 2008), cert. denied, 555 U.S. 1187, 129 S. Ct. court reporter, but had to presume that the 1346, 173 L. Ed. 2d 613, 2009 U.S. LEXIS 1251 court record correctly embodied the events in a (U.S. 2009). later discussion between the judge and defense Law reviews. — For article, “Minimum counsel. Valdez v. State, 727 P.2d 277, 1986 Standards of Judicial Administration in Wyo- Wyo. LEXIS 632 (Wyo. 1986). ming,” see 5 Wyo. L.J. 159.

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