Wyoming Statutes

Wyo. Stat. § 1-21-1008 (2026)

Trial by judge or jury; judgment and costs.

✓ current as of May 2026
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(a) If the action is not continued, the place of trial
changed or if neither party demands a jury, upon the return day
of the summons the circuit court shall try the action. If the
circuit court concludes that the complaint is not true, the
court shall enter judgment against the plaintiff for costs. If
the court finds the complaint true, it shall render a general
judgment in favor of the plaintiff for restitution of the
premises and costs. If the court finds the complaint true in
part, it shall render judgment for restitution of that part only
and the costs shall be taxed as deemed equitable.

     (b) If the case is one based on failure to pay rent, the
court shall further find the amount of rent due and payable at
the time of the hearing, together with the terms and conditions
of the agreement between the parties in relation to the amount
and time of payment of rent. If the trial is by jury the verdict
shall contain a finding of these facts and the court shall
recite such findings in the docket entry of proceedings. The
court, upon these findings, in addition to entering judgment for
the plaintiff to have restitution, shall render judgment in
accordance with the findings for the amount of rent found due,
together with costs and attorney's fees as provided by the
lease, and shall issue execution separate from the writ of
restitution for the rent found due and costs as in other
actions.
Notes of Decisions
Cited in 1 case, 2000–2000 · leading case: Jessen v. Burry, 13 P.3d 1118 (Wyo. 2000).
Jessen v. Burry, 13 P.3d 1118 (Wyo. 2000). · cites it 4× “In the forcible entry and detainer statutes, Wyo.Stat.Ann. § 1-21-1008 (Lexis 1999) provides for a judgment based on the finding of the amount of rent due and payable: (a) If the action is not continued, the place of trial changed or if neither party demands a jury, upon the…”
— Wyo. Stat. § 1-21-1008(b) — 1 case
Jessen v. Burry, 13 P.3d 1118 (Wyo. 2000). “In the forcible entry and detainer statutes, Wyo.Stat.Ann. § 1-21-1008 (Lexis 1999) provides for a judgment based on the finding of the amount of rent due and payable: (a) If the action is not continued, the place of trial changed or if neither party demands a jury, upon the…”
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