(a) W.S. 1-16-302 does not apply: (i) In criminal prosecutions when the indictment has been quashed, or when the district attorney has entered a nolle prosequi on the indictment; (ii) When the action has been dismissed without prejudice to a future action, as provided in W.S. 1-16-306; (iii) In all actions in which, in open court, at the term at which the final order or judgment is made, both parties agree that no record shall be made.
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