Wyoming Statutes

Wyo. Stat. § 7-11-201 (2026)

Order of proceedings.

✓ current as of May 2026

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     (a) After the jury has been impaneled and sworn, the trial
shall proceed in the following order:

          (i) The counsel for the state shall state the case of
the prosecution, and may briefly state the evidence by which he
expects to sustain it;

          (ii) The defendant or his counsel may then state his
defense and may briefly state the evidence he expects to offer
in support of it, or may wait until the evidence on the part of
the state is closed;

          (iii) The state shall first produce its evidence; the
defendant will then produce his evidence;

          (iv) The state will then be confined to rebutting
evidence unless the court, for good reasons, in furtherance of
justice, shall permit it to offer evidence in chief;

          (v) When the evidence is concluded, either party may
request instructions to the jury on the points of law, which
shall be given or refused by the court. The instructions shall
be reduced to writing;

          (vi) Before the argument of the case is begun, the
court shall immediately, and before proceeding with other
business, charge the jury. The charge shall be reduced to
writing by the court, if either party requests it. No charge or
instruction provided for in this section, when written or given,
shall be orally qualified, modified or explained to the jury by
the court. All written charges and instructions, shall be taken
by the jury in their retirement and returned with their verdict
into court, and shall remain on file with the papers of the
case;

          (vii) When the evidence is concluded, and the charge
given by the court, unless the case is submitted without
argument, the counsel for the state shall commence, the
defendant or his counsel follow, and the counsel for the state
shall conclude the argument to the jury.

Notes of Decisions

Cited in 7 cases, 1982–2003 · leading case: Urbigkit v. State, 2003 WY 57 (Wyo. 2003).

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Urbigkit v. State, 2003 WY 57 (Wyo. 2003). · cites it 6× “Citing Wyo. Stat. Ann. § 7-11-201 (Lexis-Nexis 2001) and W.”

Chapman v. State, 638 P.2d 1280 (Wyo. 1982). · cites it 5× “REBUTTAL TESTIMONY Section 7-11-201, W.S. 1977, provides in pertinent part: "(a) After the jury has been impaneled and sworn, the trial shall proceed in the following order: * * * * * * "(iii) The state must first produce its evidence; the defendant will then produce his…”

Shaffer v. State, 640 P.2d 88 (Wyo. 1982). · cites it 7× “They contend that under § 7-11-201, W.S. 1977, infra, the court had no discretion to allow witnesses to testify out of turn.”

Sutherland v. State, 944 P.2d 1157 (Wyo. 1997). · cites it 4× “Instead, Wyo. Stat. § 7-11-201 (1997) outlines the order of the proceedings for a criminal case.”

McAdams v. State, 2003 WY 104 (Wyo. 2003). · cites it 2× “80 and Wyo. Stat. Ann. § 7-11-201 (LexisNexis 2008).”

In Re the Contempt Order Issued by Ranck, 765 P.2d 933 (Wyo. 1988). “The court was without jurisdiction over the subject matter of the contempt proceedings. “4. As a criminal matter, Attorney Anderson was denied due process of law, as provided by the 5th and 6th Amendments to the Constitution of the United States, Art.”

Lowseth v. State, 875 P.2d 725 (Wyo. 1994). “The purposes of W.S. 7-11-201 (a)(vi) providing for the giving of instructions to the jury are: to require that the trial court charge the jury by read *728 ing the written instructions to it; that the jury have the written charge available during its deliberations; and that the…”

— Wyo. Stat. § 7-11-201(a)(iv) — 2 cases

Chapman v. State, 638 P.2d 1280 (Wyo. 1982). “REBUTTAL TESTIMONY Section 7-11-201, W.S. 1977, provides in pertinent part: "(a) After the jury has been impaneled and sworn, the trial shall proceed in the following order: * * * * * * "(iii) The state must first produce its evidence; the defendant will then produce his…”

Shaffer v. State, 640 P.2d 88 (Wyo. 1982). “They contend that under § 7-11-201, W.S. 1977, infra, the court had no discretion to allow witnesses to testify out of turn.”

— Wyo. Stat. § 7-11-201(a)(vi) — 1 case

Urbigkit v. State, 2003 WY 57 (Wyo. 2003). “Citing Wyo. Stat. Ann. § 7-11-201 (Lexis-Nexis 2001) and W.”

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