HB0104

Authorizes county clerks to reject or notate filings as frivolous through a district court procedure and declares frivolous filings to have no legal effect.

• Defines 'filing' as documents submitted to county clerks for filing or recording, excluding conveyances, documents created under clerk duties, and liens. (W.S. 18-3-403(a)(i))
• Defines 'frivolous' as lacking an arguable basis in law or fact or being presented for any improper purpose, including harassment. (W.S. 18-3-403(a)(ii))
• Allows county clerks to decline to file or hold in abeyance any filing they determine may be frivolous. (W.S. 18-3-403(b)(i))
• Requires county clerks to file a motion with district court seeking an order declaring a filing frivolous. The person submitting the filing must receive notice and an opportunity to be heard before the court decides. (W.S. 18-3-403(b)(ii))
• Allows district courts to enter an order declaring a filing frivolous, after which the clerk may reject the filing and must refund any fee within ten days. (W.S. 18-3-403(b)(iii), W.S. 18-3-403(b)(iv))
• Prevents rejection of a filing if the clerk has deposited any fee received or has already filed the document. (W.S. 18-3-403(b)(v))
• Allows county clerks to review previously filed documents and file a motion with district court seeking an order that a previously filed filing is frivolous, with notice and opportunity to be heard for the person who submitted it. (W.S. 18-3-403(c)(i), W.S. 18-3-403(c)(ii))
• Authorizes clerks to include a notation with a previously filed filing stating that it has been deemed frivolous if a district court enters such an order. (W.S. 18-3-403(c)(iii), W.S. 18-3-403(c)(iv))
• Declares that any filing declared frivolous by a district court shall have no legal effect. (W.S. 18-3-403(d))

Effective: July 1, 2026

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