Wyoming Instruction to Jury that Demand for and Refusal of Possession is Prima Facia Evidence of Conversion

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Description

A trespass to personal property is t he use of someone's property without person. A conversion occurs when personal property is taken by a defendant and kept from its true owner without permission of the owner. Conversion is the civil side of the crime of theft. Demand and refusal are necessary for the maintenance of an action for conversion in all cases in which defendant was rightfully in possession.

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FAQ

402. Relevant evidence generally admissible; irrelevant evidence inadmissible. 403. Exclusion of relevant evidence on grounds of prejudice, confusion, or waste of time.

If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise.

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.

Rule 609 allows for the admission of prior conviction evidence for impeachment purposes in both criminal and civil trials.

At any time more than 60 days after service of the complaint and at least 28 days before the date set for trial, any party may serve on an opposing party an offer to allow settlement or judgment on specified terms, with the costs then accrued.

Rule 609. (2) evidence that any witness has been convicted of a crime shall be admitted if it involved dishonesty or false statement, regardless of the punishment.

Rule 609 of the Federal Rules of Evidence deals with the impeachment of a witness by evidence that the witness has been previously convicted of a crime.

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Wyoming Instruction to Jury that Demand for and Refusal of Possession is Prima Facia Evidence of Conversion