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HB0104 • 2026

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; declaring frivolous filings to be of no legal effect; 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
2026-02-13
Official status
inactive
Effective date
3/1/2026

Plain English Breakdown

The bill did not pass during the session and does not specify what happens if a frivolous filing has already been processed.

County Clerks Can Reject or Mark Frivolous Filings

The bill allows county clerks to reject filings they determine are frivolous and requires specific procedures for notifying individuals before rejection, with any filing declared as frivolous by a district court having no legal effect.

What This Bill Does

  • Defines 'filing' and 'frivolous' in the context of documents submitted to county clerks.
  • Authorizes county clerks to reject filings they determine are frivolous after reviewing them.
  • Requires county clerks to notify individuals who submitted potentially frivolous filings and give them a chance to respond before rejecting or marking the filings as frivolous.
  • Allows county clerks to notate previously filed documents if determined to be frivolous, with specific procedures for notifying individuals and obtaining court orders.
  • States that any filing declared as frivolous by a district court has no legal effect.

Who It Names or Affects

  • County clerks in Wyoming
  • Individuals submitting filings to county clerks

Terms To Know

Filing
Any document submitted by the public for filing or recording with the county clerk, excluding conveyances and liens.
Frivolous
Lacking an arguable basis in law or fact or being presented for any improper purpose, including harassment.

Limits and Unknowns

  • The bill did not pass during the session.
  • It does not specify what happens if a frivolous filing has already been processed by the county clerk before being declared frivolous by the court.

Bill History

  1. 2026-02-13 House

    H Did not Consider for Introduction

  2. 2026-02-06 House

    H Received for Introduction

  3. 2026-02-05 LSO

    Bill Number Assigned

Current Bill Text

Read the full stored bill text 
26LSO-0406
2026
STATE OF WYOMING
26LSO-0406
Numbered
2.0

HOUSE BILL NO. HB0104

County clerks-frivolous filings procedure.

Sponsored by: Representative(s) Larsen, L and Senator(s) Schuler

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; declaring frivolous filings to be of no legal effect; 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 submitted by the public for filing or recording with the county clerk except for conveyances as defined by W.S. 34
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1
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102, any document created or received according to the county clerk's duties under W.S. 18
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3
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402(a)(i) 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 in accordance with this subsection, 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;

(iv)

For any filing rejected under this subsection, the clerk shall refund any fee received from the person seeking to file the filing within ten (10) days of the district court's order;

(v)

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 previously filed filings to determine if a filing is frivolous;

(ii)

Upon identifying a previously filed 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 previously filed 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, 2026
.

(END)

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HB0104