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Wyoming Rules of Civil Procedure WYOMING RULES OF CIVIL PROCEDURE I. I. Scope of Rules; One Form of Action II. II. Commencement of Action; Service of Process: Pleadings, Motions, and Orders III. III. Pleadings and Motions IV. IV. Parties V. V. Depositions and Discovery VI. VI. Trials VII. VII. Judgment VIII. VIII. Provisional and Final Remedies and Special Proceedings IX. IX. District Courts and Clerks X. X. General Provisions I. SCOPE OF RULES; ONE FORM OF ACTION Rule 1. Scope and Purpose. 2. 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 proceed- ing. History: to all of the provisions of the Wyoming Rules of Added February 2, 2017, effective March 1, Civil Procedure. Ruby v. Schuett, 360 P.2d 170, 2017. 1961 Wyo. LEXIS 84 (Wyo. 1961). But just and speedy determination most Source. — This rule is similar to Rule 1 of important. — There is no more important the Federal Rules of Civil Procedure, modified provision in rules of procedure than the provi- to make it applicable to Wyoming courts and sion for a just and speedy determination, and statutory proceedings. courts have been true to this purpose. Weiss v. Cross references. — For Code of Civil Pro- State, 434 P.2d 761, 1967 Wyo. LEXIS 188 cedure generally, see title 1. As to authority of (Wyo. 1967). Supreme Court to adopt, modify and repeal These rules govern procedure but do not rules and forms governing pleading, practice change substantive rights. — Strahan v. and procedure in all courts, see §§ 5-2-114 Strahan, 400 P.2d 542, 1965 Wyo. LEXIS 131 through 5-2-117. As to adoption of rules and (Wyo. 1965). regulations relative to the practice of law by the The rules by their own pronouncement, as Supreme Court, see § 5-2-118. well as by the enabling statutes, §§ 5-2-115 The distinction between actions at law and 5-2-116, govern procedure but do not and suits in equity has been abolished. — abridge, enlarge, or modify the substantive Thickman v. Schunk, 391 P.2d 939, 1964 Wyo. rights of persons or the jurisdiction of a court. LEXIS 98 (Wyo. 1964). State ex rel. Frederick v. District Court, 399 And careful adherence to all provisions P.2d 583, 1965 Wyo. LEXIS 123 (Wyo. 1965). required. — The Supreme Court adopted the As to application of these rules to other Wyoming counterpart of the Federal Rules of than courts of record, see Hoffmeister v. Civil Procedure at the instance of the Wyoming McIntosh, 361 P.2d 678, 1961 Wyo. LEXIS 93 State Bar and, being cognizant of the difficulty (Wyo.), reh’g denied, 364 P.2d 823, 1961 Wyo. in adjusting to new rules, has been extremely LEXIS 114 (Wyo. 1961). lenient in applying them, hoping that all might As to procedure for handling appeals become conversant with them before any liti- from justice of the peace courts, see State v. gants were injured by reason of counsel’s fail- Heberling, 553 P.2d 1043, 1976 Wyo. LEXIS 211 ure of compliance. However, the time has now (Wyo. 1976). passed when this view will be further justified District court may not decide case upon and hereafter there must be careful adherence briefs submitted by parties when those 1 Rule 2 WYOMING STATE & FEDERAL COURT RULES 2 briefs are not accompanied by either a motion of fees but made the determination itself based for judgment or a stipulation of facts. Koontz v. on the unnecessary protraction of the litigation South Superior, 716 P.2d 358, 1986 Wyo. LEXIS by plaintiff and the LLC. Thorkildsen v. Belden, 516 (Wyo. 1986). 2011 WY 26, 247 P.3d 60, 2011 Wyo. LEXIS 29 Application to Avoid Remand. — Based (Wyo. 2011). on Wyo. Stat. Ann. § 1-14-126(b), a former Law reviews. — For article, “Wyoming member of an LLC was entitled to attorney’s Practice,” see 12 Wyo. L.J. 202 (1958). fees of $77,470, which was a reasonable amount See article, “The 1994 Amendments to the for a trial, three evidentiary hearings, and four Wyoming Rules of Civil Procedure,” XXX Land appeals; pursuant to Wyo. R. Civ. P. 1, the court & Water L. Rev. 151 (1995). did not remand the action for a determination Rule 2. One Form of Action. There is one form of action — the civil action. History: suits in equity has been abolished. — Added February 2, 2017, effective March 1, Thickman v. Schunk, 391 P.2d 939, 1964 Wyo. 2017. LEXIS 98 (Wyo. 1964). Law reviews. — For comment, “How to Source. — Similar to Rule 2 of the Federal Enforce a Money Judgment in Wyoming,” see Rules of Civil Procedure. XX Land & Water L. Rev. 645 (1985). Distinction between actions at law and II. COMMENCEMENT OF ACTION; SERVICE OF PROCESS: PLEADINGS, MOTIONS, AND ORDERS Rule 3. Commencement of Action. 3.1. Civil Cover Sheet. 4. Summons. 5. Serving and Filing Pleadings and Other Papers. [Effective until September 1, 2021] 5. Serving and Filing Pleadings and Other Papers. [Effective September 1, 2021] 5.1. Constitutional Challenge to a Statute. 5.2. Privacy Protection for Filings Made with the Court. 6. Time. Rule 3. Commencement of Action. A civil action is commenced by filing a complaint with the court. History: to serve their complaint within sixty days of Added February 2, 2017, effective March 1, filing it, their diversity action was deemed to 2017. have commenced on date of service, which was 106 days beyond statute of limitations period, Source. — Subdivision (a) is similar to Rule and their action was therefore barred. Haber- 3 of the Federal Rules of Civil Procedure. mehl v. Potter, 153 F.3d 1137, 1998 U.S. App. Federal law. — There was no direct conflict LEXIS 20746 (10th Cir. Wyo. 1998). between state and federal procedural rules re- Where a corporation was served approxi- garding commencement of actions, and there- mately 114 days after the complaint was filed, fore state rule applied in diversity action under Wyo. R. Civ. P. 3(b), the service was not brought in federal district court. Habermehl v. timely, and the saving statute, Wyo. Stat. Ann. Potter, 153 F.3d 1137, 1998 U.S. App. LEXIS § 1-3-118 did not apply because the complaint 20746 (10th Cir. Wyo. 1998). was filed after the 4-year Wyo. Stat. Ann. § 1- Defect in proceedings caused by ab- 3-105 statute of limitations had run. Further- sence of notice is cured by voluntary ap- more, Wyo. R. Civ. P. 6(a) does not enlarge the pearance and the subsequent proceedings of time provided in a statute of limitations. Hoke the court. In re Estate & Guardianship of v. Motel 6 Jackson & Accor N. Am., Inc., 2006 Sowerwine, 413 P.2d 48, 1966 Wyo. LEXIS 141 WY 38, 131 P.3d 369, 2006 Wyo. LEXIS 41 (Wyo. 1966). (Wyo. 2006). Untimely service. — Since plaintiffs failed Failure to timely serve. — Where a corpo- 3 RULES OF CIVIL PROCEDURE Rule 4 ration was served approximately 114 days after limited by terms of a contract and there is no the complaint was filed, under Wyo. R. Civ. P. statute of limitations involved. Quin Blair En- 3(b), the service was not timely, and the saving ters. v. Julien Constr. Co., 597 P.2d 945, 1979 statute, Wyo. Stat. Ann. § 1-3-118 did not apply Wyo. LEXIS 430 (Wyo. 1979). because the complaint was filed after the 4-year Claim time-barred. — While the detainee’s Wyo. Stat. Ann. § 1-3-105 statute of limitations filing occurred within the one-year limitation had run. Furthermore, Wyo. R. Civ. P. 6(a) does period of Wyo. Stat. Ann. § 1-39-114, the not enlarge the time provided in a statute of deputy was not served with the copy of the limitations. Hoke v. Motel 6 Jackson & Accor N. complaint until much later; pursuant to Wyo. Am., Inc., 2006 WY 38, 131 P.3d 369, 2006 Wyo. R. Civ. P. 3(b), the suit was not “commenced” LEXIS 41 (Wyo. 2006). until that date, which was outside the one-year Two and one-half years is not as matter statutory period, and as a result, the detainee’s of law reasonable time to obtain service state law tort claims against the deputy under and commence action, particularly where no the Wyoming Governmental Claims Act were excuse whatsoever is offered. Quin Blair En- time-barred. Boyer-Gladden v. Hill, 2010 WY ters. v. Julien Constr. Co., 597 P.2d 945, 1979 12, 224 P.3d 21, 2010 Wyo. LEXIS 13 (Wyo. Wyo. LEXIS 430 (Wyo. 1979). 2010). Rule 41(b)(1) protects against dilatory Suit commenced by filing complaint plaintiffs. — Subdivision (a) is in the form it with intent to prosecute. — A suit is deemed is, without a requirement of service of process commenced for purposes of a statute of limita- as part of the commencement of a lawsuit, tions by the filing of a complaint with the bona because it was felt that adequate protection fide intent to prosecute the suit diligently, pro- against dilatory plaintiffs was afforded by Rule vided there was no unreasonable delay in the 41(b)(1), by dismissal for want of prosecution. issuance or service of summons. Quin Blair Quin Blair Enters. v. Julien Constr. Co., 597 Enters. v. Julien Constr. Co., 597 P.2d 945, 1979 P.2d 945, 1979 Wyo. LEXIS 430 (Wyo.
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