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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. II. Commencement of Action; Service of 31. Depositions by written questions. Process: Pleadings, Motions, and Orders 32. Using depositions in court proceedings. 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. 5.1. Constitutional challenge to a statute. 36. Requests for admission. 5.2. Privacy protection for filings made with 37. Failure to make disclosures or to cooperate the court. in discovery; sanctions. 6. Time. VI. Trials III. Pleadings and Motions 38. Right to a jury trial; demand. 7. Pleadings allowed; form of motions and 39. Trial by jury or by the court. other papers. 39.1. Jury trial; jury note taking; juror 8. General rules of pleading. notebooks. 9. Pleading special matters. 39.2. Juror questionnaires. 10. Form of pleadings. 39.3. Copies of instructions for jurors. 11. Signing pleadings, motions, and other pa- 39.4. Juror questions for witnesses. pers; representations to the court; sanc- 40. Assignment for trial or alternative dispute tions. resolution. 12. When and how presented; motion for judg- 40.1. Transfer of trial and change of judge. ment on the pleadings; consolidating mo- 41. Dismissal of actions. tions; waiving defenses; pretrial hearing. 42. Consolidation; separate trials. 13. Counterclaim and crossclaim. 43. Taking testimony. 14. Third-party practice. 44. Determining foreign law. 15. Amended and supplemental pleadings. 45. Subpoena. 16. Pretrial conferences; scheduling; manage- 46. Objecting to a ruling or order. ment. 47. Selecting jurors for trial. IV. Parties 48. Number of jurors; verdict; polling. 49. Special verdict; general verdict and ques- 17. Plaintiff and defendant; capacity; public tions. officers. 50. Judgment as a matter of law in jury trials; 18. Joinder of claims. alternative motion for new trial; condi- 19. Required joinder of parties. tional rulings. 20. Permissive joinder of parties. 51. Instructions to the jury; objections; pre- 21. Misjoinder and nonjoinder of parties. serving a claim of error. 22. Interpleader. 52. Findings by the court; judgment on partial 23. Class actions. findings; reserved questions. 23.1. Derivative actions. 53. Masters. 23.2. Actions relating to unincorporated asso- ciations. VII. Judgment 24. Intervention. 54. Judgment; costs. 25. Substitution of parties. 55. Default; default judgment. V. Depositions and Discovery 56. Summary judgment. 56.1. Summary judgment -- required state- 26. Duty to disclose; general provisions govern- ment of material facts. ing discovery. 57. Declaratory judgment. 27. Depositions to perpetuate testimony. 58. Entering judgment. 1 Rule 1 WYOMING COURT RULES 2 Rule Rule 59. New trial; altering or amending a 70. Enforcing a judgment for a specific act. judgment. 71. Enforcing relief for or against a nonparty. 60. Relief from a judgment or order. 71.1. Condemnation of property. 61. Harmless error. IX. District Courts and Clerks 62. Stay of proceedings to enforce a judgment. 62.1. Indicative ruling on a motion for relief 77. District courts and clerks; notice of an that is barred by a pending appeal. order or judgment. 63. Judge’s inability to proceed. 78. Hearing motions; decision on briefs. 79. Books and records kept by the clerk. VIII. Provisional and Final Remedies and 80. Stenographic transcript as evidence. Special Proceedings X. General Provisions 64. Seizing a person or property. 65. Injunctions and restraining orders. 81. Applicability in general. 65.1. Proceedings against a surety. 82. Jurisdiction and venue unaffected. 66. Receivers. 83. Rules by courts of record; judge’s directives. 67. Deposit into court. 84. Forms. 68. Offer of settlement or judgment. 85. Title. 69. Execution. 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.) Source. — This rule is similar to Rule 1 of provision in rules of procedure than the provi- the Federal Rules of Civil Procedure, modified sion for a just and speedy determination, and to make it applicable to Wyoming courts and courts have been true to this purpose. Weiss v. statutory proceedings. State ex rel. Danigan, 434 P.2d 761 (Wyo. 1967). Cross References. — For Code of Civil These rules govern procedure but do not Procedure generally, see title 1. As to authority change substantive rights. Strahan v. of Supreme Court to adopt, modify and repeal Strahan, 400 P.2d 542 (Wyo. 1965). rules and forms governing pleading, practice The rules by their own pronouncement, as and procedure in all courts, see §§ 5-2-114 well as by the enabling statutes, §§ 5-2-115 through 5-2-117. As to adoption of rules and and 5-2-116, govern procedure but do not regulations relative to the practice of law by the abridge, enlarge, or modify the substantive Supreme Court, see § 5-2-118. rights of persons or the jurisdiction of a court. The distinction between actions at law State ex rel. Frederick v. District Court, 399 and suits in equity has been abolished. P.2d 583 (Wyo. 1965). Thickman v. Schunk, 391 P.2d 939 (Wyo. 1964). As to application of these rules to other And careful adherence to all provisions than courts of record, see Hoffmeister v. required. — The Supreme Court adopted the McIntosh, 361 P.2d 678 (Wyo. 1961). Wyoming counterpart of the Federal Rules of As to procedure for handling appeals Civil Procedure at the instance of the Wyoming from justice of the peace courts, see State v. State Bar and, being cognizant of the difficulty Heberling, 553 P.2d 1043 (Wyo. 1976). in adjusting to new rules, has been extremely District court may not decide case upon lenient in applying them, hoping that all might briefs submitted by parties when those become conversant with them before any liti- briefs are not accompanied by either a motion gants were injured by reason of counsel’s fail- for judgment or a stipulation of facts. Koontz v. ure of compliance. However, the time has now Town of South Superior, 716 P.2d 358 (Wyo. passed when this view will be further justified 1986). and hereafter there must be careful adherence Application to Avoid Remand. — Based to all of the provisions of the Wyoming Rules of on Wyo. Stat. Ann. § 1-14-126(b), a former Civil Procedure. Ruby v. Schuett, 360 P.2d 170 member of an LLC was entitled to attorney’s (Wyo. 1961). fees of $77,470, which was a reasonable amount But just and speedy determination most for a trial, three evidentiary hearings, and four important. — There is no more important appeals; pursuant to Wyo. R. Civ. P. 1, the court 3 RULES OF CIVIL PROCEDURE Rule 3 did not remand the action for a determination Cited in Drummer v. State, 366 P.2d 20 of fees but made the determination itself based (Wyo. 1961). on the unnecessary protraction of the litigation Law reviews. — For article, ‘‘Wyoming by plaintiff and the LLC. Thorkildsen v. Belden, Practice,’’ see 12 Wyo. L.J. 202 (1958). 247 P.3d 60 (Wyo. 2011). See article, ‘‘The 1994 Amendments to the Applied in Butler v. McGee, 363 P.2d 791 Wyoming Rules of Civil Procedure,’’ XXX Land (Wyo. 1961); Tschirgi v. Meyer, 536 P.2d 558 & Water L. Rev. 151 (1995). (Wyo. 1975); Nation v. Nation, 715 P.2d 198 Am. Jur. 2d, ALR and C.J.S. references. (Wyo. 1986). — 1 Am. Jur. 2d Actions § 1 et seq. Quoted in Jackson State Bank v. Homar, 837 Application of civil or criminal procedural P.2d 1081 (Wyo. 1992); Thunderbasin Land, Livestock & Inv. Co. v. County of Laramie, 5 rules in federal court proceeding on motion in P.3d 774 (Wyo. 2000). nature of writ of error coram nobis, 53 ALR Fed Stated in Marvel v. Neuman Transit Co., 414 762. P.2d 98 (Wyo. 1966). 1A C.J.S. Actions § 1 et seq. Rule 2. One form of action. There is one form of action — the civil action. (Added February 2, 2017, effective March 1, 2017.) Source. — Similar to Rule 2 of the Federal Law reviews. — For comment, ‘‘How to Rules of Civil Procedure. Enforce a Money Judgment in Wyoming,’’ see Distinction between actions at law and XX Land & Water L. Rev. 645 (1985). suits in equity has been abolished. Am. Jur. 2d, ALR and C.J.S. references. Thickman v. Schunk, 391 P.2d 939 (Wyo. 1964). — 1 Am. Jur. 2d Actions §§ 5 to 30. Applied in State v. Board of County 1A C.J.S. Actions §§ 66 to 134. Comm’rs, 642 P.2d 456 (Wyo. 1982); McNeill Family Trust v. Centura Bank, 60 P.3d 1277 (Wyo. 2003). 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.) Source. — Subdivision (a) is similar to Rule mately 114 days after the complaint was filed, 3 of the Federal Rules of Civil Procedure. under Wyo. R. Civ. P. 3(b), the service was not Federal law.
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