Wyo. Stat. Ann. §§ 1-21-403, 1-21-1001 to 1-21-1017, 1-21-1201 to 1-21-1211, 1-21-1301 to 1-21-1304, 1-21-1401 to 1-21-1403 § 1-21-1008
Trial by judge or jury; judgment and costs.
Operative Text
1-21-1008. Trial by judge or jury; judgment and costs.
(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.Wyoming Statute § 1-21-1008 governs how circuit courts handle eviction (forcible entry and detainer) trials, whether decided by a judge or jury. If the court finds in favor of the landlord, it may order the tenant to return possession of the premises and may award costs; if the complaint is only partially proven, judgment and costs are split accordingly. In cases involving unpaid rent, the court must also determine the exact amount of rent owed at the time of the hearing and can issue a separate money judgment for that amount, along with costs and any attorney's fees provided for in the lease.
Plain English — not legal advice.
Under § 1-21-1008, landlords pursuing an eviction action in Wyoming circuit court should be prepared to present clear evidence supporting their complaint, since the court's judgment—including any award of costs—follows directly from what is proven at trial. In rent-nonpayment cases, the court will separately calculate the rent due as of the hearing date and can issue a distinct execution (collection order) for that amount apart from the writ of restitution. Operators who have a written lease with an attorney's fees clause should ensure that clause is documented and presented, as the court may award fees consistent with the lease terms under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section § 1-21-1008 means that a Wyoming circuit court cannot simply order a tenant to vacate without first determining whether the landlord's complaint is actually true, and a tenant has the opportunity to contest the claims at trial—by judge or, in some circumstances, by jury. If the complaint is found only partially true, the court is required to limit its judgment accordingly and apportion costs fairly, which can be relevant if a tenant disputes part but not all of a landlord's claims. Tenants facing a rent-based eviction should be aware that the court will also enter a separate money judgment for any rent found due, and consulting a tenant-rights organization familiar with Wyoming law can help in understanding how to respond to both the restitution and monetary portions of a case under this provision.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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