Wyo. Stat. » Wyo. Stat. / Title 01 - Civil Procedure / Chapter 12 - EVIDENCE AND WITNESSES / Article 1 - WITNESSES GENERALLY
Wyoming Statutes

Wyo. Stat. § 1-12-101 (2026)

Privileged communications and acts.

✓ current as of May 2026
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(a) The following persons shall not testify in certain
respects:

          (i) An attorney or a physician concerning a
communication made to him by his client or patient in that
relation, or his advice to his client or patient. The attorney
or physician may testify by express consent of the client or
patient, and if the client or patient voluntarily testifies the
attorney or physician may be compelled to testify on the same
subject;

          (ii) A clergyman or priest concerning a confession
made to him in his professional character if enjoined by the
church to which he belongs;

            (iii)    Husband or wife, except as provided in W.S.
1-12-104;

          (iv) A person who assigns his claim or interest
concerning any matter in respect to which he would not be
permitted to testify if a party;

          (v) A person who, if a party, would be restricted in
his evidence under W.S. 1-12-102 shall, where the property is
sold or transferred by an executor, administrator, guardian,
trustee, heir, devisee or legatee, be restricted in the same
manner in any action or proceeding concerning the property;

          (vi) A confidential intermediary, as defined in W.S.
1-22-201(a)(viii), concerning communications made to him or
information obtained by him during the course of an
investigation pursuant to W.S. 1-22-203, when the public
interests, in the judgment of the court, would suffer by the
disclosure.
Notes of Decisions
Cited in 28 cases (3 in the last 5 years), 1981–2025 · leading case: Wardell v. McMillan, 844 P.2d 1052 (Wyo. 1992).
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Wardell v. McMillan, 844 P.2d 1052 (Wyo. 1992). · cites it 10× “Rather, the privilege *1066 is established and defined by Wyo.Stat. § 1-12-101 (Supp.1992), which provides in pertinent part: (a) The following persons shall not testify in certain respects: (i) .”
Frias v. State, 722 P.2d 135 (Wyo. 1986). · cites it 4× “Section 1-12-101, W.S. 1977, provides in pertinent part: "(a) The following persons shall not testify in certain respects: "(i) * * * [A] physician concerning a communication made to him by his * * * patient in that relation, or his advice to his * * * patient.”
Cordova v. Gosar, 719 P.2d 625 (Wyo. 1986). · cites it 4× “"(a) The following persons shall not testify in certain respects: (i) An attorney or a physician concerning a communication made to him by his client or patient in that relation, or his advice to his client or patient.”
Aland v. Mead, 327 P.3d 752 (Wyo. 2014). · cites it 6× “" The log did not cite to Wyo. Stat. Ann. § 1-12-101 (a)(i), the Wyoming statute that adopts the attorney client privilege.”
Engberg v. Meyer, 820 P.2d 70 (Wyo. 1991). · cites it 4× “Section 1-12-101, W.S. 1977, provides: "(a) the following persons shall not testify in certain respects: * * * * * * "(iii) husband or wife, except as provided in W.”
Thomas v. Harrison, 634 P.2d 328 (Wyo. 1981). · cites it 6× “Such traditional contours are those described in § 1-12-101, supra. Generally, it is assumed that communications between a client and a third party or one who is not a lawyer are not protected; however, the privilege will not be lost if the client communicates to one who is an…”
In the Matter of the Termination of Parental Rights To: GAC, a Minor Child. Krystal Kaylynn Cave v. State of Wyoming, Dep't of Fam. Servs., 2017 WY 65 (Wyo. 2017). · cites it 2× “14-3-201 through 14-3-216 shall not -be excluded on the ground it constitutes a privileged communication: (i) Between husband and wife; (ii) Claimed under any provision of law other than W.S. 1-12-101(a)(i) and (ii); or (iii) Claimed pursuant to W.”
Harold H. Dishman v. First Interstate Bank, 2015 WY 154 (Wyo. 2015). · cites it 3× “Wyo. Stat. Ann. § 1-12-101 (LexisNexis 2015) generally describes the privilege as: including communications "made to [the attorney] by his client .”
Gale v. State, 792 P.2d 570 (Wyo. 1990). · cites it 2× “XX-XX-XXX, a lawyer and physician privilege statute, W.S. 1-12-101(a)(i), and crisis center advocacy privilege statutes, W.”
Monn v. State, 811 P.2d 1004 (Wyo. 1991). · cites it 4× “It is not contained in this record except for the process used to have Sarah Monn personally read segments to the jury by the prosecutor in her examination.”
Cherie Davidson-Eaton v. Christy Iversen & Susan D. Kirk, as Co-Pers. Representatives of the Est. of Gale S. Iversen, 2022 WY 135 (Wyo. 2022). · cites it 4× “” Wyo. Stat. Ann. § 1-12-101 (a)(i) (LexisNexis 2019).”
Pinther v. Pinther, 888 P.2d 1250 (Wyo. 1995). · cites it 2× “§ 1-12-104 (1988) states: No husband or wife shall be a witness against the other except in criminal proceedings for a crime committed by one against the other, or in a civil action or proceeding by one against the other. They may in all civil and criminal cases be witnesses for…”
Show all 28 citing cases →
— Wyo. Stat. § 1-12-101(a) — 2 cases
Aland v. Mead, 327 P.3d 752 (Wyo. 2014). “" The log did not cite to Wyo. Stat. Ann. § 1-12-101 (a)(i), the Wyoming statute that adopts the attorney client privilege.”
Wardell v. McMillan, 844 P.2d 1052 (Wyo. 1992). “Rather, the privilege *1066 is established and defined by Wyo.Stat. § 1-12-101 (Supp.1992), which provides in pertinent part: (a) The following persons shall not testify in certain respects: (i) .”
— Wyo. Stat. § 1-12-101(a)(i) — 4 cases
In the Matter of the Termination of Parental Rights To: GAC, a Minor Child. Krystal Kaylynn Cave v. State of Wyoming, Dep't of Fam. Servs., 2017 WY 65 (Wyo. 2017). “14-3-201 through 14-3-216 shall not -be excluded on the ground it constitutes a privileged communication: (i) Between husband and wife; (ii) Claimed under any provision of law other than W.S. 1-12-101(a)(i) and (ii); or (iii) Claimed pursuant to W.”
Thomas v. Harrison, 634 P.2d 328 (Wyo. 1981). “Such traditional contours are those described in § 1-12-101, supra. Generally, it is assumed that communications between a client and a third party or one who is not a lawyer are not protected; however, the privilege will not be lost if the client communicates to one who is an…”
Gale v. State, 792 P.2d 570 (Wyo. 1990). “XX-XX-XXX, a lawyer and physician privilege statute, W.S. 1-12-101(a)(i), and crisis center advocacy privilege statutes, W.”
Robert H. Aland v. Matthew H. Mead, Governor of the State of Wyoming Wyoming Game & Fish Dep't & Scott Talbott, Dir. of the Wyoming Game & Fish Dep't, 2014 WY 83 (Wyo. 2014).
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