433 P.3d 529
Wyo.2019Background
- Parents divorced after Mother alleged Father sexually abused their child; multiple investigations and several forensic interviews were conducted but no criminal/juvenile charges resulted.
- Mother moved with the child to Utah and repeatedly resisted court-ordered unsupervised visitation, often arriving late, taking the child home early, or refusing visits.
- A scheduling order required designation of expert witnesses by March 31, 2017; Mother did not designate counselor Heather Wyler although Wyler had treated the child since December 2016.
- On the first day of trial Mother sought to call Wyler, who had recently authored two letters about the child; Father objected and the district court excluded Wyler under the scheduling-order sanction provision.
- The district court awarded Father primary custody, citing Mother's interference with visitation and the court’s finding Father did not sexually abuse the child; Mother appealed only the exclusion of Wyler’s testimony.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court abused its discretion by excluding an undesignated witness (counselor Wyler) | McBride-Kramer: Wyler’s recent counseling revelations were critical and exclusion deprived the court of necessary expert evidence | Kramer: Wyler was not disclosed per the scheduling order and late testimony would prejudice preparation; sanction permitted | Court: No abuse of discretion; exclusion appropriate under Rule 16 scheduling order and Rule 37 sanctions |
Key Cases Cited
- Brown v. Brown, 385 P.3d 321 (Wyo. 2016) (district courts have broad discretion to impose procedural sanctions)
- Three Way, Inc. v. Burton Enters., Inc., 177 P.3d 219 (Wyo. 2008) (defines abuse of discretion standard)
- Fetzer v. J.D. Dayley & Sons, Inc., 91 P.3d 152 (Wyo. 2004) (factors for excluding testimony after Rule 16 violation)
- Erhart v. Evans, 30 P.3d 542 (Wyo. 2001) (appellant bears burden to provide sufficient record)
- Goetzel v. State, 406 P.3d 310 (Wyo. 2017) (res judicata bars matters that could have been raised earlier)