Wyoming Instruction to Jury as to When Demand is not Necessary in Constituting Conversion

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US-01359BG
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Description

A jury instruction is the judge's oral explanation of the law governing a case. Jury instructions are given after the attorneys have presented all the evidence and have made final arguments, but before the jury begins deliberations. Improper explanations of the law to be applied in jury instructions are often the basis for later appeals. Proof of demand and refusal is not essential to the maintenance of an action for conversion when the conversion is otherwise established.

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FAQ

In all trials, the testimony of witnesses shall be taken orally in open court, unless otherwise provided by statute, or by these rules, by the Wyoming Rules of Evidence, or by other rules adopted by the Supreme Court of Wyoming.

Rule 35 - Physical and mental examinations (a) Order for an Examination. (1) In General. The court where the action is pending may order a party whose mental or physical condition-including blood group-is in controversy to submit to a physical or mental examination by a suitably licensed or certified examiner.

Rule 37 - Failure to make disclosures or to cooperate in discovery; sanctions (a) Motion for an Order Compelling Disclosure or Discovery. (1) In General. On notice to other parties and all affected persons, a party may move for an order compelling disclosure or discovery.

Rule 41. Dismissal of Actions. Federal Rules of Civil Procedure. US Law.

Service of a subpoena upon a person named therein shall be made by delivering a copy thereof to such person and, if the person's attendance is commanded, by tendering to that person the fees for one day's attendance and the mileage allowed by law.

The court on motion of a defendant may grant a new trial to that defendant if required in the interest of justice. If trial was by the court without a jury, the court, on motion of a defendant for a new trial, may vacate the judgment if entered, take additional testimony, and direct the entry of a new judgment.

Wyoming rule 41 (a) (1) reads: a notice of dismissal operates as an adjudication on the merits when filed by a plaintiff who has once dismissed in any court an action in which service was obtained, based on or including the same claim.

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Wyoming Instruction to Jury as to When Demand is not Necessary in Constituting Conversion