CALL FOR COMMENTS – Wyoming Rules of Civil Procedure

This project is the culmination of a decade-long effort by the Permanent Rules Advisory Committee, Civil Division, under the direction during most that time of Chair George Santini.  The “Style Project” was an attempt to conform the Wyoming Rules of Civil Procedure with the several generations of changes to the Federal Rules, because many of those changes simplified the language and also reflect a philosophy of effectuation WRCP 1, “to secure the just, speedy, and inexpensive determination of every action” by tailoring discovery to the needs of the particular case.

The Committee approached this task with a presumption for accepting federal rule language.  Then we went through each rule to determine whether certain rules needed to be revised to maintain Wyoming practice.  So, for instance, we did not adopt Fed.R.Civ.P. 68, Offer of Judgment, because the Wyoming practice, as reflected in the existing rule language, is for an Offer of Settlement which allows either party to make the offer.

You should review the entire rule package, but here are some of the top changes to consider:

  • Those of you familiar with federal practice will know that changes to the discovery rules now emphasize the importance of “proportionality.”
  • Rule 56(g) would now allow summary judgment on part of a claim, overruling Errington v. Zolessi, 9 P.3d 966 (Wyo. 2000).
  • Changes to Rules 3 and 4(w) adopt the federal model for determining the commencement of action.
  • Rule 4(v) is proposed to provide a uniform basis for a widespread, but divergent practice of accepting service.
  • Almost all timeframes of 10 days are changed to 14, thus eliminating the need to subtract weekends and holidays.
  • Time for filing most post-trial motions is extended to 28 days.
  • And much more . . .

Please send your comments on these proposed changes to Sharon Wilkinson.  The cutoff for comments is September 2, 2016.  You may also attend the presentation on the proposed changes at the Wyoming State Bar Annual Meeting on Thursday, September 15, from 4-5 p.m.

CLICK HERE to download the WRCP in their final form.

CLICK HERE to download a version that displays the changes.

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