(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.