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Bill > HB0074


WY HB0074

County clerks-frivolous filings procedure.


summary

Introduced
In Committee
Crossed Over
Passed
Dead
02/03/2025

Introduced Session

2025 General Session

Bill Summary

AN ACT relating to county clerks; authorizing county clerks to seek to have frivolous filings rejected or notated as frivolous; specifying requirements and procedures for rejecting or notating frivolous filings; and providing for an effective date.

AI Summary

This bill establishes a new procedure for county clerks in Wyoming to handle potentially frivolous legal filings. The bill defines a "frivolous" filing as one lacking a reasonable legal or factual basis or submitted for improper purposes like harassment, and excludes conveyances and liens from this definition. Under the new law, county clerks can take two primary actions: first, they can reject a filing by holding it in abeyance and filing a motion with the district court to determine if the filing is frivolous, giving the filing submitter an opportunity to be heard; if the court declares the filing frivolous, the clerk can reject it and must refund any associated filing fees within ten days. Second, clerks can seek to notate previously filed documents as frivolous through a similar court process, which would allow them to attach a notation to the document indicating it has been deemed frivolous by the court. Importantly, any filing declared frivolous by a district court will have no legal effect. The bill becomes effective on July 1, 2025, and is designed to provide county clerks with a mechanism to prevent and flag potentially abusive or meritless legal documents.

Sponsors (4)

Last Action

Did not Consider for Introduction (on 02/03/2025)

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