Wyo. Stat. » Wyo. Stat. / Title 01 - Civil Procedure / Chapter 14 - FEES AND COSTS AND SECURITY THEREFOR / Article 6 - BURDEN OF PROOF
Wyoming Statutes

Wyo. Stat. § 1-14-126 (2026)

Costs in discretion of court.

✓ current as of May 2026
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(a) In other actions the court may award and tax costs and
apportion them between the parties on the same or adverse sides
as it deems right and equitable. When a civil case is settled
too late for the clerk of court to advise the jury panel that
the jurors should not appear on the date summoned the court may
order that any or all parties reimburse the proper fund for the
fees and mileage paid to the jurors and bailiffs for their
appearance.

     (b) In civil actions for which an award of attorney's fees
is authorized, the court in its discretion may award reasonable
attorney's fees to the prevailing party without requiring expert
testimony. In exercising its discretion the court may consider
the following factors:

          (i) The time and labor required, the novelty and
difficulty of the questions involved, and the skill requisite to
perform the legal service properly;

          (ii) The likelihood that the acceptance of the
particular employment precluded other employment by the lawyer;

          (iii) The fee customarily charged in the locality for
similar legal services;

          (iv)   The amount involved and the results obtained;

          (v) The time limitations imposed by the client or by
the circumstances;

          (vi) The nature and length of the professional
relationship with the client;

          (vii) The experience, reputation and ability of the
lawyer or lawyers performing the services; and

          (viii)   Whether the fee is fixed or contingent.
Notes of Decisions
Cited in 41 cases (7 in the last 5 years), 1982–2025 · leading case: Pennaco Energy, Inc. v. Brett L. Sorenson, Tr. of the Brett L. Sorenson Trust Dated November 2, 2011, 2016 WY 34 (Wyo. 2016).
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Pennaco Energy, Inc. v. Brett L. Sorenson, Tr. of the Brett L. Sorenson Trust Dated November 2, 2011, 2016 WY 34 (Wyo. 2016). · cites it 9× “1 Wyo. Stat. Ann. § 1-14-126 (b)@)-(viit) (Lex~ isNexis 2015).”
Essex Holding, LLC v. Basic Props., Inc., 427 P.3d 708 (Wyo. 2018). · cites it 4× “Wyo. Stat. Ann. § 1-14-126 (b) (LexisNexis 2017).”
Ultra Resources, Inc. v. Hartman, 2010 WY 36 (Wyo. 2010). · cites it 4× “The factors to be considered in awarding fees are set forth in Wyo. Stat. Ann. § 1-14-126 (b) (LexisNexis 2009): (b) In civil actions for which an award of attorney's fees is authorized, the court in its discretion may award reasonable attorney's fees to the prevailing party…”
Circle C Resources v. Charlene Hassler, 2023 WY 54 (Wyo. 2023). · cites it 6× “Discretionary factors are identified in Wyo. Stat. Ann. § 1-14-126 (b): (b) In civil actions for which an award of attorney’s fees is authorized, the court in its discretion may award reasonable attorney’s fees to the prevailing party without requiring expert testimony.”
Stewart Title Guar. Co. v. Tilden, 2008 WY 46 (Wyo. 2008). · cites it 5× “Perhaps we should not say that it has nothing to do with that statute because, whether ordered as fees and costs under Wyo. Stat. Ann. § 1-14-126 (b) and W.R.C.”
Brandon Lee Jensen v. Margaret E. Milatzo-Jensen, 2013 WY 27 (Wyo. 2013). · cites it 4× “Even though the only evidence of reasonableness was the itemized list, because the opposing party did not object, we permitted the district court to rely solely on the itemized list and the factors in Wyo. Stat. Ann. § 1-14-126 (b) (LexisNexis 2011), and we affirmed the award of…”
Daryl A. Hensel v. Dapcpa Rpo Llc, 2023 WY 84 (Wyo. 2023). · cites it 4× “They include: “[t]he time and labor required”; “the novelty and difficulty of the questions involved”; the “skill” required to properly perform the “legal service”; “[t]he likelihood that the acceptance of the particular employment precluded other employment by the lawyer”;…”
Garnick v. Teton Cnty. Sch. Dist. No. 1, 2002 WY 18 (Wyo. 2002). · cites it 4× “" Wyo. Stat. Ann. § 1-14-126 (a) (LexisNexis 2001); also see W.”
Judith K. Merrill, In Her Individual Capacity & as Tr. of the Judith K. Merrill Revocable Trust Dated November 13, 2020; & the Judith K. Merrill Revocable Trust Dated November 13, 2020 v. Casey Ryan Ruppert & Janae Elizabeth Ruppert, 2024 WY 113 (Wyo. 2024). · cites it 10× “Whether the district court abused its discretion when it granted the Rupperts’ motion for attorneys’ fees without any explanation under the lodestar test or relevant discretionary factors under Wyo. Stat. Ann. § 1-14-126 (b) (2023). 2.”
United States Ex Rel. Farmers Home Admin. v. Redland, 695 P.2d 1031 (Wyo. 1985). · cites it 4× “Section 1-14-126, W.S. 1977, allows a court to award and tax costs as it deems right and equitable.”
Morrison v. Clay, 2006 WY 161 (Wyo. 2006). · cites it 6× “[¶15] After hearing argument and taking the matter under advisement, the district court issued a decision letter and its Order Awarding Attorney's Fees and Costs.”
Schaub v. Wilson, 969 P.2d 552 (Wyo. 1998). · cites it 4× “Instead, her theory is that she was the prevailing party because she was entitled to at least nominal damages by virtue of the default, and, consequently, neither Wyo. Stat. § 1-14-126 (Repl.1988) nor W.R.”
Show all 41 citing cases →
— Wyo. Stat. § 1-14-126(a) — 1 case
Millheiser v. Wallace, 2001 WY 40 (Wyo. 2001).
— Wyo. Stat. § 1-14-126(b) — 9 cases
Circle C Resources v. Charlene Hassler, 2023 WY 54 (Wyo. 2023). “Discretionary factors are identified in Wyo. Stat. Ann. § 1-14-126 (b): (b) In civil actions for which an award of attorney’s fees is authorized, the court in its discretion may award reasonable attorney’s fees to the prevailing party without requiring expert testimony.”
Pennaco Energy, Inc. v. Brett L. Sorenson, Tr. of the Brett L. Sorenson Trust Dated November 2, 2011, 2016 WY 34 (Wyo. 2016). “1 Wyo. Stat. Ann. § 1-14-126 (b)@)-(viit) (Lex~ isNexis 2015).”
Daryl A. Hensel v. Dapcpa Rpo Llc, 2023 WY 84 (Wyo. 2023). “They include: “[t]he time and labor required”; “the novelty and difficulty of the questions involved”; the “skill” required to properly perform the “legal service”; “[t]he likelihood that the acceptance of the particular employment precluded other employment by the lawyer”;…”
Russell v. Russell, 948 P.2d 1351 (Wyo. 1997).
Stewart Title Guar. Co. v. Tilden, 2008 WY 46 (Wyo. 2008). “Perhaps we should not say that it has nothing to do with that statute because, whether ordered as fees and costs under Wyo. Stat. Ann. § 1-14-126 (b) and W.R.C.”
— Wyo. Stat. § 1-14-126(b)(viii) — 1 case
Pennaco Energy, Inc. v. Brett L. Sorenson, Tr. of the Brett L. Sorenson Trust Dated November 2, 2011, 2016 WY 34 (Wyo. 2016). “1 Wyo. Stat. Ann. § 1-14-126 (b)@)-(viit) (Lex~ isNexis 2015).”
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