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Wyoming Rules of Civil Procedure

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Wyoming Rules of Civil Procedure WYOMING RULES OF CIVIL PROCEDURE TABLE OF CONTENTS I. Scope of Rules; One Form of Action Rule 28. Persons before whom depositions may be Rule taken. 1. Scope and purpose. 29. Stipulations about discovery procedure. 2. One form of action. 30. Depositions by oral examination. 31. Depositions by written questions. II. Commencement of Action; Service of 32. Using depositions in court proceedings. Process: Pleadings, Motions, and Orders 33. Interrogatories to parties. 3. Commencement of Action. 34. Producing documents, electronically stored 3.1. Civil cover sheet. information, and tangible things, or en- 4. Summons. tering onto land for inspection and other 5. Serving and filing pleadings and other pa- purposes. pers. 35. Physical and mental examinations. 36. Requests for admission. 5.1. Constitutional challenge to a statute. 37. Failure to make disclosures or to cooperate 5.2. Privacy protection for filings made with in discovery; sanctions. the court. 6. Time. VI. Trials III. Pleadings and Motions 38. Right to a jury trial; demand. 39. Trial by jury or by the court. 7. Pleadings allowed; form of motions and 39.1. Jury trial; jury note taking; juror other papers. notebooks. 8. General rules of pleading. 39.2. Juror questionnaires. 9. Pleading special matters. 39.3. Copies of instructions for jurors. 10. Form of pleadings. 39.4. Juror questions for witnesses. 11. Signing pleadings, motions, and other pa- 40. Assignment for trial or alternative dispute pers; representations to the court; sanc- resolution. tions. 40.1. Transfer of trial and change of judge 12. When and how presented; motion for judg- (Effective until July 1, 2019). ment on the pleadings; consolidating mo- 40.1. Transfer of trial and change of judge tions; waiving defenses; pretrial hearing. (Effective July 1, 2019). 13. Counterclaim and crossclaim. 41. Dismissal of actions. 14. Third-party practice. 42. Consolidation; separate trials. 15. Amended and supplemental pleadings. 43. Taking testimony. 16. Pretrial conferences; scheduling; manage- 44. Determining foreign law. ment. 45. Subpoena. IV. Parties 46. Objecting to a ruling or order. 47. Selecting jurors for trial. 17. Plaintiff and defendant; capacity; public 48. Number of jurors; verdict; polling. officers. 49. Special verdict; general verdict and ques- 18. Joinder of claims. tions. 19. Required joinder of parties. 50. Judgment as a matter of law in jury trials; 20. Permissive joinder of parties. alternative motion for new trial; condi- 21. Misjoinder and nonjoinder of parties. tional rulings. 22. Interpleader. 51. Instructions to the jury; objections; pre- 23. Class actions. serving a claim of error. 23.1. Derivative actions. 52. Findings by the court; judgment on partial 23.2. Actions relating to unincorporated asso- findings; reserved questions. ciations. 53. Masters. 24. Intervention. 25. Substitution of parties. VII. Judgment V. Depositions and Discovery 54. Judgment; costs. 55. Default; default judgment. 26. Duty to disclose; general provisions govern- 56. Summary judgment. ing discovery. 56.1. Summary judgment -- required state- 27. Depositions to perpetuate testimony. ment of material facts. 1 Rule 1 WYOMING COURT RULES 2 Rule Rule 57. Declaratory judgment. 69. Execution. 58. Entering judgment. 70. Enforcing a judgment for a specific act. 59. New trial; altering or amending a 71. Enforcing relief for or against a nonparty. judgment. 71.1. Condemnation of property. 60. Relief from a judgment or order. IX. District Courts and Clerks 61. Harmless error. 62. Stay of proceedings to enforce a judgment. 77. District courts and clerks; notice of an 62.1. Indicative ruling on a motion for relief order or judgment. that is barred by a pending appeal. 78. Hearing motions; decision on briefs. 63. Judge’s inability to proceed. 79. Books and records kept by the clerk. 80. Stenographic transcript as evidence. VIII. Provisional and Final Remedies and Special Proceedings X. General Provisions 64. Seizing a person or property. 81. Applicability in general. 65. Injunctions and restraining orders. 82. Jurisdiction and venue unaffected. 65.1. Proceedings against a surety. 83. Rules by courts of record; judge’s directives. 66. Receivers. 84. Forms. 67. Deposit into court. 85. Title. 68. Offer of settlement or judgment. 86. Effective dates. I. SCOPE OF RULES; ONE FORM OF ACTION Rule 1. Scope and purpose. These rules govern the procedure in all civil actions and proceedings in the State of Wyoming courts, except as stated in Rule 81. They should be construed, administered, and employed by the court and the parties to secure the just, speedy, and inexpensive determination of every action and proceeding. (Added February 2, 2017, effective March 1, 2017.) Rule 2. One form of action. There is one form of action — the civil action. (Added February 2, 2017, effective March 1, 2017.) II. COMMENCEMENT OF ACTION; SERVICE OF PROCESS: PLEADINGS, MOTIONS, AND ORDERS Rule 3. Commencement of Action. A civil action is commenced by filing a complaint with the court. (Added February 2, 2017, effective March 1, 2017.) Rule 3.1. Civil cover sheet. (a) Civil Cover Sheet Required. — Every complaint or other document initiating a civil action shall be accompanied by a completed civil cover sheet form available on the Wyoming Judicial Branch website or from the Clerk of Court. (b) No Legal Effect. — This requirement is solely for administrative purposes and has no legal effect in the action. (c) Absence of Cover Sheet. — If the complaint or other document is filed without a completed civil cover sheet, the Clerk of Court or the court shall at the time of filing give notice of the omission to the party filing the document. If, after notice of the omission the coversheet is not filed within 14 calendar days, the court may impose an appropriate sanction upon the attorney or party filing the complaint or other document. 3 RULES OF CIVIL PROCEDURE Rule 4 (Added February 2, 2017, effective March 1, 2017.) Rule 4. Summons. (a) Contents. — A summons must: (1) name the court and the parties; (2) be directed to the defendant; (3) state the name and address of the plaintiff’s attorney or — if unrepresented — of the plaintiff; (4) state the time within which the defendant must appear and defend; (5) notify the defendant that a failure to appear and defend may result in a default judgment against the defendant for the relief demanded in the complaint; (6) be signed by the clerk; and (7) bear the court’s seal. (b) Issuance. — On or after filing the complaint, the plaintiff may present a summons to the clerk for signature and seal. If the summons is properly completed, the clerk must sign, seal, and issue it to the plaintiff for service on the defendant. A summons — or a copy of a summons that is addressed to multiple defendants — must be issued for each defendant to be served. (c) By Whom Served. — Except as otherwise ordered by the court, process may be served: (1) By any person who is at least 18 years old and not a party to the action; (2) At the request of the party causing it to be issued, by the sheriff of the county where the service is made or sheriff’s designee, or by a United States marshal or marshal’s designee; (3) In the event service is made by a person other than a sheriff or U.S. marshal, the amount of costs assessed therefor, if any, against any adverse party shall be within the discretion of the court. (d) Personal Service. — The summons and complaint shall be served together. The plaintiff shall furnish the person making service with such copies as are necessary. (e) Serving an Individual Within the United States. — An individual other than a person under 14 years of age or an incompetent person may be served within the United States: (1) by delivering a copy of the summons and of the complaint to the individual personally, (2) by leaving copies thereof at the individual’s dwelling house or usual place of abode with some person over the age of 14 years then residing therein, (3) at the defendant’s usual place of business with an employee of the defendant then in charge of such place of business, or (4) by delivering a copy of the summons and of the complaint to an agent authorized by appointment or by law to receive service of process. (f) Serving an Individual in a Foreign Country. — An individual — other than a person under 14 years of age or an incompetent person — may be served at a place not within the United States: (1) by any internationally agreed means of service that is reasonably calculated to give notice, such as those authorized by the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents; (2) if there is no internationally agreed means, or if an international agreement allows but does not specify other means, by a method that is reasonably calculated to give notice: (A) as prescribed by the foreign country’s law for service in that country in an action in its courts of general jurisdiction; (B) as the foreign authority directs in response to a letter rogatory or letter of request; or Rule 4 WYOMING COURT RULES 4 (C) unless prohibited by the foreign country’s law, by: (i) delivering a copy of the summons and of the complaint to the individual personally; or (ii) using any form of mail that the clerk addresses and sends to the individual and that requires a signed receipt; or (3) by other means not prohibited by international agreement, as the court orders. (g) Serving a Person Under 14 years of Age or an Incompetent Person. — An individual under 14 years of age or an incompetent person may be served within the United States by serving a copy of the summons and of the complaint upon the guardian or, if no guardian has been appointed in this state, then upon the person having legal custody and control or upon a guardian ad litem.
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