Wyoming Statutes

Wyo. Stat. § 1-5-104 (2026)

Actions to be brought where cause of action

✓ current as of May 2026

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arose.

     (a) Actions for the following causes shall be brought in
the county where the cause or some part thereof arose:

          (i) For the recovery of a fine, forfeiture or penalty
imposed by a statute. When it is imposed for an offense
committed on a river or other water course or a road which is
the boundary of the state or of two (2) or more counties, the
action may be brought in any county bordering on the river,
water course or road, and opposite to the place where the
offense was committed;

          (ii) Against a public officer for an act done by
virtue or under color of his office, or for a neglect of his
official duty;

           (iii)    On the official bond or undertaking of a public
officer.

     (b) Actions for small claims proceedings under W.S. 1-21-
201 through 1-21-205 may be brought in the county where the
cause of action or some part thereof arose.

Notes of Decisions

Cited in 4 cases, 1981–2019 · leading case: McCallister v. State (In re Worker's Comp. Claim Of), 440 P.3d 1078 (Wyo. 2019).

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McCallister v. State (In re Worker's Comp. Claim Of), 440 P.3d 1078 (Wyo. 2019). · cites it 2× “See Wyo. Stat. Ann. § 1-5-104 (actions of certain types shall only be brought in the county where the cause or some part of it arose) and § 1-5-108 (every action not otherwise provided for shall be brought in the county in which a defendant resides or may be summoned, except for…”

Kelvin Bourke v. Grey Wolf Drilling Co., LP, Now Known as Precision Drilling Co., LP, 2013 WY 93 (Wyo. 2013). “Other venue statutes provide that a cause of action "may" be brought in certain counties.”

State Ex Rel. Wyoming Farm Loan Bd. v. Herschler, 622 P.2d 1378 (Wyo. 1981). · cites it 2× “Venue is properly laid in this Court pursuant to W.S.1977 § 1-5-104. “E. The 1979 Wyoming State Legislature enacted Chapter 159, 1979 Wyoming Session Laws, which purportedly authorizes the issuance of $100 million dollars of certain bonds; the same Legislature enacted Chapter…”

Steven Aron & Galen Woelk, Affiliated Attorneys At Law & Aron & Hennig, Llp, a Wyoming Ltd. Liab. P'ship v. Spencer Willey & Ethan G. Willey & Alexus N. Willey, Minor Child., By & Through Their Next Friend, Stephanie Withrow, 2019 WY 122 (Wyo. 2019). “By their plain terms: § 1-5-101(a)(i) applies to actions “[f]or the recovery of real property, or of an estate or interest therein”; § 1-5-104 applies to actions “[f]or the recovery of a fine, forfeiture or penalty imposed by a statute”; “[a]gainst a public officer”; and “[o]n…”

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