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HB0074 • 2025

County clerks-frivolous filings procedure.

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.

Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor
Representative Larsen, L
Last action
2025-02-03
Official status
inactive
Effective date
3/1/2025

Plain English Breakdown

The bill summary does not provide specific details on the consequences of filings being declared frivolous beyond the process for rejection or notation.

County Clerks Can Handle Frivolous Filings

The bill allows county clerks to reject or mark as frivolous filings that lack a good legal basis and are filed for improper reasons.

What This Bill Does

  • Defines what is considered a 'frivolous filing' in Wyoming law.
  • Gives county clerks the power to hold back filings they think might be frivolous until a district court decides if it's true.
  • Requires that people who try to file something frivolous get notice and a chance to explain themselves before their filing is rejected or marked as frivolous.

Who It Names or Affects

  • County clerks in Wyoming
  • People who try to file documents with county clerks

Terms To Know

Frivolous
A filing that lacks an arguable basis in law or fact, or is presented for any improper purpose.

Limits and Unknowns

  • The bill did not pass and was not considered for introduction.
  • It would only take effect if it had passed and been signed into law by July 1, 2025.

Bill History

  1. 2025-02-03 House

    H Did not Consider for Introduction

  2. 2025-01-02 House

    H Received for Introduction

  3. 2024-12-23 LSO

    Bill Number Assigned

Current Bill Text

Read the full stored bill text 
25LSO-0242
2025
STATE OF WYOMING
25LSO-0242
Numbered
2.0

HOUSE BILL NO. HB0074

County clerks-frivolous filings procedure.

Sponsored by: Representative(s) Larsen, L and Lawley and Senator(s) Barlow and Nethercott

A BILL

for

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.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 18
‑
3
‑
403 is created to read:

18
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3
‑
403.

County clerks; rejection or notation of frivolous filings.

(a)

As used in this section:

(i)

"Filing" means any document filed or recorded with the county clerk except for conveyances as defined by W.S. 34
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1
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102 and liens;

(ii)

"Frivolous" means lacking an arguable basis in law or in fact or being presented for any improper purpose, including harassment.

(b)

A county clerk may reject any frivolous filing that a person seeks to file with the clerk, in accordance with the following:

(i)

If the clerk determines that the filing may be frivolous, the clerk may decline to file the filing and may hold the filing in abeyance, subject to this subsection;

(ii)

For any filing that the clerk declines to file or holds in abeyance, the clerk shall file a motion with the district court in the county for an order that the filing is frivolous. The person seeking to file the filing shall be given notice and an opportunity to be heard before the district court acts on the motion;

(iii)

If the district court determines that the filing is frivolous, the court may enter an order declaring the filing frivolous, after which the clerk may reject the filing. For any filing rejected under this subsection, the clerk shall refund any fee collected from the person seeking to file the filing within ten (10) days of the district court's order;

(iv)

No filing shall be rejected under this subsection if the clerk has deposited any fee received for the filing or if the clerk has filed the filing.

(c)

A county clerk may seek to notate any filing previously filed with the clerk in accordance with the following:

(i)

The clerk may review any filed filings to determine if a filing is frivolous;

(ii)

Upon identifying a filing that the clerk believes may be frivolous, the clerk may file a motion with the district court in the county for an order that the filing is frivolous. The person who submitted the filing to the clerk shall be given notice and an opportunity to be heard before the district court acts on the motion;

(iii)

If the district court determines that the filing is frivolous, the court may enter an order declaring the filing frivolous;

(iv)

Upon the entry of an order under paragraph (iii) of this subsection, the clerk may include a notation with the filing stating that the filing has been deemed frivolous.

(d)

Any filing declared frivolous by a district court under this section shall have no legal effect.

Section 2
.

This act is effective July 1, 2025
.

(END)

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HB0074