Rule 3.1 - Commencement of action (a) How Commenced. A civil action in Circuit Court is commenced: (1) On the date of filing a complaint with the court so long as service is accomplished within the time periods specified in Rule 4(w) of the Wyoming Rules of Civil Procedure; or (2) On the date of the filing of a copy of the complaint, summons and proof of service. If the action is commenced under this subsection, then the complaint, the summons and proof of service must be filed within fourteen days of such service, and a notice of filing in the form of Appendix A shall be mailed by the plaintiff to the defendant on the same day the complaint is mailed to or filed with the court. A defendant must file an answer within thirty-five (35) days of the filing of the complaint if the complaint is served under this sub-part. If the complaint, summons and proof of service are not filed within fourteen days of service, the action commenced shall be deemed dismissed and the court shall have no further jurisdiction thereof. In such case the court may, in its discretion, tax a reasonable sum in favor of the defendant to compensate the defendant for expense and inconvenience, including attorney's fees, to be paid by plaintiff or plaintiff 's attorney. The fourteen-day filing requirement may not be waived by a defendant and shall not be deemed waived upon the filing of an answer or motion to the complaint. (b) Form of summons. (1) The summons shall be signed and issued by the Clerk if filed under 3.1(a)(1) or signed and issued by the plaintiff or the plaintiff's attorney if filed under 3.1(a)(2). (2) The summons shall contain the name and address of the court and the names of the parties to the action. It shall be directed to the defendant, state the name, address and telephone of the plaintiff's attorney, if any, and otherwise the plaintiff's address and telephone number. It shall state the time within which the defendant is required to answer the complaint in writing, and shall notify the defendant that in case of failure to do so, judgment by default may be rendered against the defendant. It shall state either that the complaint is on file with the court or that the complaint will be filed with the court within fourteen days of service. (3) If the action is commenced under Rule 3.1(a)(2), the summons shall also state (i) that the defendant need not answer if the complaint is not filed within fourteen days after service; and (ii) that plaintiff will mail a notice of filing to the defendant upon filing the summons, complaint and proof of service. Image Not Available
Wyo. R. Speci. Cir. Ct. 3.1
Adopted January 16, 2014, effective April 1, 2014; amended June 30, 3015, effective September 1, 2015; amended February 8, 2017, effective March 1, 2017; amended February 27, 2018, effective June 1, 2018; amended June 19, 2018, effective September 1, 2018.