WYOMING RULES OF CIVIL PROCEDURE .us

WYOMING RULES OF CIVIL PROCEDURE

TABLE OF CONTENTS

I. Scope of Rules; One Form of Action

Rule 1. Scope and purpose. 2. One form of action.

II. Commencement of Action; Service of Process: Pleadings, Motions, and Orders

3. Commencement of Action. 3.1. Civil cover sheet. 4. Summons. 5. Serving and filing pleadings and other pa-

pers. 5.1. Constitutional challenge to a statute. 5.2. Privacy protection for filings made with

the court. 6. Time.

III. Pleadings and Motions

7. Pleadings allowed; form of motions and other papers.

8. General rules of pleading. 9. Pleading special matters. 10. Form of pleadings. 11. Signing pleadings, motions, and other pa-

pers; representations to the court; sanctions. 12. When and how presented; motion for judgment on the pleadings; consolidating motions; waiving defenses; pretrial hearing. 13. Counterclaim and crossclaim. 14. Third-party practice. 15. Amended and supplemental pleadings. 16. Pretrial conferences; scheduling; management.

IV. Parties

17. Plaintiff and defendant; capacity; public officers.

18. Joinder of claims. 19. Required joinder of parties. 20. Permissive joinder of parties. 21. Misjoinder and nonjoinder of parties. 22. Interpleader. 23. Class actions. 23.1. Derivative actions. 23.2. Actions relating to unincorporated asso-

ciations. 24. Intervention. 25. Substitution of parties.

V. Depositions and Discovery

26. Duty to disclose; general provisions governing discovery.

27. Depositions to perpetuate testimony.

Rule 28. Persons before whom depositions may be

taken. 29. Stipulations about discovery procedure. 30. Depositions by oral examination. 31. Depositions by written questions. 32. Using depositions in court proceedings. 33. Interrogatories to parties. 34. Producing documents, electronically stored

information, and tangible things, or entering onto land for inspection and other purposes. 35. Physical and mental examinations. 36. Requests for admission. 37. Failure to make disclosures or to cooperate in discovery; sanctions.

VI. Trials

38. Right to a jury trial; demand. 39. Trial by jury or by the court. 39.1. Jury trial; jury note taking; juror

notebooks. 39.2. Juror questionnaires. 39.3. Copies of instructions for jurors. 39.4. Juror questions for witnesses. 40. Assignment for trial or alternative dispute

resolution. 40.1. Transfer of trial and change of judge

(Effective until July 1, 2019). 40.1. Transfer of trial and change of judge

(Effective July 1, 2019). 41. Dismissal of actions. 42. Consolidation; separate trials. 43. Taking testimony. 44. Determining foreign law. 45. Subpoena. 46. Objecting to a ruling or order. 47. Selecting jurors for trial. 48. Number of jurors; verdict; polling. 49. Special verdict; general verdict and ques-

tions. 50. Judgment as a matter of law in jury trials;

alternative motion for new trial; conditional rulings. 51. Instructions to the jury; objections; preserving a claim of error. 52. Findings by the court; judgment on partial findings; reserved questions. 53. Masters.

VII. Judgment

54. Judgment; costs. 55. Default; default judgment. 56. Summary judgment. 56.1. Summary judgment -- required state-

ment of material facts.

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Rule 57. Declaratory judgment. 58. Entering judgment. 59. New trial; altering or amending a

judgment. 60. Relief from a judgment or order. 61. Harmless error. 62. Stay of proceedings to enforce a judgment. 62.1. Indicative ruling on a motion for relief

that is barred by a pending appeal. 63. Judge's inability to proceed.

VIII. Provisional and Final Remedies and Special Proceedings

64. Seizing a person or property. 65. Injunctions and restraining orders. 65.1. Proceedings against a surety. 66. Receivers. 67. Deposit into court. 68. Offer of settlement or judgment.

Rule 69. Execution. 70. Enforcing a judgment for a specific act. 71. Enforcing relief for or against a nonparty. 71.1. Condemnation of property.

IX. District Courts and Clerks

77. District courts and clerks; notice of an order or judgment.

78. Hearing motions; decision on briefs. 79. Books and records kept by the clerk. 80. Stenographic transcript as evidence.

X. General Provisions

81. Applicability in general. 82. Jurisdiction and venue unaffected. 83. Rules by courts of record; judge's directives. 84. Forms. 85. Title. 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.

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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

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(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. An individual under 14 years of age or an incompetent person who is not within the United States must be served in the manner prescribed by Rule 4(f)(2)(A), (f)(2)(B), or (f)(3). (h) Serving a Corporation, Partnership, or Association. -- (1) Service upon a partnership, or other unincorporated association, within the United States shall be made:

(A) by delivery of copies to one or more of the partners or associates, or a managing or general agent thereof, or agent for process, or

(B) by leaving same at the usual place of business of such defendant with any employee then in charge thereof. (2) Service upon a corporation within the United States shall be made:

(A) by delivery of copies to any officer, manager, general agent, or agent for process, or

(B) If no such officer, manager or agent can be found in the county in which the action is brought such copies may be delivered to any agent or employee found in such county.

(C) If such delivery be to a person other than an officer, manager, general agent or agent for process, the clerk, at least 20 days before default is entered, shall mail copies to the corporation by registered or certified mail and marked `restricted delivery` with return receipt requested, at its last known address. (3) Service upon a partnership, other unincorporated association, or corporation not within the United States shall be made in any manner prescribed by Rule 4(f) for serving an individual, except personal delivery under (f)(2)(C)(i). (i) Serving a Department or Agency of the State, or a Municipal or Other Public Corporation. -- Service upon a department or agency of the state, a municipal or other public corporation shall be made by delivering a copy of the summons and of the complaint to the chief executive officer thereof, or to its secretary, clerk, person in charge of its principal office or place of business, or any member of its governing body, or as otherwise provided by statute. (j) Serving the Secretary of State. -- Service upon the secretary of state, as agent for a party shall be made when and in the manner authorized by statute. (k) Service by Publication. -- Service by publication may be had where specifically provided for by statute, and in the following cases: (1) When the defendant resides out of the state, or the defendant's residence cannot be ascertained, and the action is:

(A) For the recovery of real property or of an estate or interest therein; (B) For the partition of real property; (C) For the sale of real property under a mortgage, lien or other encumbrance or charge; (D) To compel specific performance of a contract of sale of real estate; (2) In actions to establish or set aside a will, where the defendant resides out of the state, or the defendant's residence cannot be ascertained;

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Rule 4

(3) In actions in which it is sought by a provisional remedy to take, or appropriate in any way, the property of the defendant, when:

(A) the defendant is a foreign corporation, or (B) a nonresident of this state, or (C) the defendant's place of residence cannot be ascertained, (D) and in actions against a corporation incorporated under the laws of this state, which has failed to elect officers, or to appoint an agent, upon whom service of summons can be made as provided by these rules and which has no place of doing business in this state; (4) In actions which relate to, or the subject of which is real or personal property in this state, when (A) a defendant has or claims a lien thereon, or an actual or contingent interest therein or the relief demanded consists wholly or partly in excluding the defendant from any interest therein, and (B) the defendant is a nonresident of the state, or a dissolved domestic corporation which has no trustee for creditors and stockholders, who resides at a known address in Wyoming, or (C) the defendant is a domestic corporation which has failed to elect officers or appoint other representatives upon whom service of summons can be made as provided by these rules, or to appoint an agent as provided by statute, and which has no place of doing business in this state, or (D) the defendant is a domestic corporation, the certificate of incorporation of which has been forfeited pursuant to law and which has no trustee for creditors and stockholders who resides at a known address in Wyoming, or (E) the defendant is a foreign corporation, or (F) the defendant's place of residence cannot be ascertained; (5) In actions against personal representatives, conservators, or guardians, when the defendant has given bond as such in this state, but at the time of the commencement of the action is a nonresident of the state, or the defendant's place of residence cannot be ascertained; (6) In actions where the defendant is a resident of this state, but has departed from the county of residence with the intent to delay or defraud the defendant's creditors, or to avoid the service of process, or keeps concealed with like intent; (7) When an appellee has no attorney of record in this state, and is a nonresident of and is absent from the state, or has left the state to avoid the service of notice or process, or the appellee keeps concealed so that notice or process cannot be served; (8) In an action or proceeding under Rule 60, to modify or vacate a judgment after term of court, or to impeach a judgment or order for fraud, or to obtain an order of satisfaction thereof, when a defendant is a nonresident of the state or the defendant's residence cannot be ascertained; (9) In suits for divorce, alimony, custody, visitation, support, to affirm or declare a marriage void, or the modification of any decree therefor entered in such suit, when the defendant is a nonresident of the state, or the defendant's residence cannot be ascertained, or the defendant keeps concealed in order to avoid service of process; (10) In actions for adoption or for the termination of parental rights; (11) In all actions or proceedings which involve or relate to the waters, or right to appropriate the waters of the natural streams, springs, lakes, or other collections of still water within the boundaries of the state, or which involve or relate to the priority of appropriations of such waters including appeals from the determination of the state board of control, and in all actions or proceedings which involve or relate to the ownership of means of conveying or transporting water situated wholly or partly within this state, when the defendant or any of the defendants are

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