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

Wyo. Stat. § 1-12-102 (2026)

When party incapable of testifying.

✓ current as of May 2026
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In an action or suit by or against a person who from any cause
is incapable of testifying, or by or against a trustee,
executor, administrator, heir or other representative of the
person incapable of testifying, no judgment or decree founded on
uncorroborated testimony shall be rendered in favor of a party
whose interests are adverse to the person incapable of
testifying or his trustee, executor, administrator, heir or
other representative. In any such action or suit, if the adverse
party testifies, all entries, memorandum and declarations by the
party incapable of testifying made while he was capable,
relevant to the matter in issue, may be received in evidence.
Notes of Decisions
Cited in 16 cases, 1981–2014 · leading case: Consol. Constr., Inc. v. Smith, 634 P.2d 902 (Wyo. 1981).
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Consol. Constr., Inc. v. Smith, 634 P.2d 902 (Wyo. 1981). · cites it 73× “As a result of the adverse decision below, the *903 appellant now raises one basic issue for our consideration: Did the trial court err as a matter of law by applying § 1-12-102, W.S. 1977, [1] to the facts of this case? For the reasons discussed below we deem the trial court…”
Metz Beverage Co. v. Wyoming Beverages, Inc., 2002 WY 21 (Wyo. 2002). · cites it 3× “The district court refused to consider such statements as being hearsay, The district court's *1058 ruling necessarily involves the dead man's statute, Wyo. Stat. Ann. § 1-12-102 (Lexis-Nexis 2001), which provides: In an action or suit by or against a person who from any cause…”
Est. of Short, 785 P.2d 1167 (Wyo. 1990). · cites it 11× “Wyo.Stat. § 1-12-102 (1977) In its decision letter, the district court stated that, pursuant to Wyo.”
Drake v. Winkler, 838 P.2d 1177 (Wyo. 1992). · cites it 12× “Appellees contend that no written documentation exists evidencing Stagner's promise to repay money to Drake and that Wyo.Stat. § 1-12-102 (1988), requires a claim made against a party incapable of testifying to be corroborated.”
Yost v. Harpel Oil Co., 674 P.2d 712 (Wyo. 1983). · cites it 6× “If corroboration is required to meet the requirements of the "dead man's statute," § 1-12-102, W.S. 1977 [1] , the unusual extension of credit over the long period of time and the July 28, 1964, written agreement provides the necessary corroboration.”
Adkins v. Lawson, 892 P.2d 128 (Wyo. 1995). · cites it 4× “The estate argued in part that, under the dead man’s statute, Wyo.Stat. § 1-12-102 (1988), the uncorroborated statements which Adkins attributed to Washut could not be used as a basis to deny its motion.”
Est. of Dahlke ex rel. Jubie v. Dahlke, 319 P.3d 116 (Wyo. 2014). · cites it 2× “Wyo. Stat. Ann. § 1-12-102 (LexisNexis 2013) provides as follows: In an action or suit by or against a person who from any cause is incapable of testifying, or by or against a trustee, executor, administrator, heir or other representative of the person incapable of testifying,…”
Clark v. Gale, 966 P.2d 431 (Wyo. 1998). · cites it 2× “Loren argues that the dead man statute (Wyo. Stat. § 1-12-102 (1997)) precluded a judgment from being entered against Leona's estate solely on the basis of uncorroborated testimony from Bob and Suzanne because they were adverse parties.”
Freudenthal v. Cheyenne Newspapers, Inc., 2010 WY 80 (Wyo. 2010). “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…”
Moncrief v. Williston Basin Interstate Pipeline Co., 880 F. Supp. 1495 (D. Wyo. 1995). · cites it 2× “Each of these contracts has "Seller and partners” language identical to the Moncrief contract. 14 . The Court notes that without independent evidence to support his claim against his father's estate, Wyoming’s dead man’s statute prohibits him from testifying about his interest.”
Aland v. Mead, 327 P.3d 752 (Wyo. 2014). “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…”
McClellan v. Britain, 826 P.2d 245 (Wyo. 1992). · cites it 2× “Wyoming’s version of the "dead man’s statute” is Wyo.Stat. § 1-12-102 (1988) which provides in part: In an action or suit by or against a person who from any cause is incapable of testifying, or by or against a trustee, executor, administrator, heir or other representative of…”
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