W.R.C.P. 26

(a) Required Disclosures. —

(1) Initial Disclosure. —

(A) In General. — Except as exempted by Rule 26(a)(1)(B) or as

otherwise stipulated or ordered by the court, a party must, without

awaiting a discovery request, provide to the other parties, but not file with

the court, unless otherwise ordered by the court or required by other rule:

(i) the name and, if known, the address and telephone number of each

individual likely to have discoverable information — along with the

subjects of that information — that the disclosing party may use to

support its claims or defenses, unless the use would be solely for

impeachment;

(ii) a copy — or a description by category and location — of all

documents, electronically stored information, and tangible things that

the disclosing party has in its possession, custody, or control and may

use to support its claims or defenses, unless the use would be solely for

impeachment;

(iii) a computation of each category of damages claimed by the

disclosing party — who must also make available for inspection and

copying as under Rule 34 the documents or other evidentiary material,

unless privileged or protected from disclosure, on which each computation is based, including materials bearing on the nature and extent of

injuries suffered; and

(iv) for inspection and copying as under Rule 34, any insurance

agreement under which an insurance business may be liable to satisfy

all or part of a possible judgment in the action or to indemnify or

reimburse for payments made to satisfy the judgment.

(B) Proceedings Exempt from Initial Disclosure. — The following proceedings are exempt from initial disclosure:

(i) cases arising under Title 14 of the Wyoming Statutes;

(ii) cases in which the court sits in probate;

(iii) divorce actions [for which the required initial disclosures are set

forth in Rules 26(a)(1.1) (A), (B), (C), (D), (E), (F), (G) and (H)] , and

custody and support actions where the parties are not married [for

which the required initial disclosures are set forth in Rule 26(a)(1.2)

(A)];

(iv) review on an administrative record;

(v) a forfeiture action in rem arising from a Wyoming statute;

(vi) a petition for habeas corpus or any other proceeding to challenge

a criminal conviction or sentence;

(vii) an action brought without an attorney by a person in the custody

of the State, county, or other political subdivision of the State;

(viii) an action to enforce or quash an administrative summons or

subpoena;

(ix) a proceeding ancillary to a proceeding in another court; and

(x) an action to enforce an arbitration award.

(1.1) Initial disclosures in divorce actions. — In divorce actions the

following initial disclosures are required in pre-decree proceedings, and in

post-decree proceedings to the extent that they pertain to a particular claim

or defense:

(A) A schedule of financial assets, owned by the party individually or

jointly, which shall include savings or checking accounts, stocks, bonds,

cash or cash equivalents, and shall include:

(i) the name and address of the depository;

(ii) the date such account was established;

(iii) the type of account;

(iv) the account number;

(v) the current value of the account; and

(vi) whether acknowledged to be a marital asset or asserted to be a

non-marital asset and, if asserted to be a non-marital asset, an explanation of the legal and factual basis for such assertion;

(B) A schedule of non-financial assets, owned by the party individually

or jointly, which schedule shall include:

(i) the purchase price and the date of acquisition;

(ii) the present market value;

(iii) any indebtedness relating to such asset;

(iv) the state of record ownership;

(v) the current location of the asset;

(vi) whether purchased from marital assets or obtained by gift or

inheritance; and

(vii) whether acknowledged to be a marital asset or asserted to be a

non-marital asset and, if asserted to be a non-marital asset, an explanation of the legal and factual basis for such assertion;

(C) A schedule of all debts owed individually or jointly, identifying:

(i) the date any obligation was incurred;

(ii) the spouse in whose name the debt was incurred;

(iii) the present amount of all debts and the monthly payments;

(iv) the use to which the money was put which caused the debt to

arise;

(v) identification of any asset which serves as security for such debt;

and

(vi) an acknowledgement of whether each debt is a marital or

non-marital debt and, if asserted to be a non-marital debt, an explanation of the legal and factual basis for such assertion;

(D) As to safe deposit boxes:

(i) the name and address of the institution where the box is located;

(ii) the box number;

(iii) the name and address of the individual(s) who have access to the

box;

(iv) an inventory of the contents; and

(v) the value of the assets located therein;

(E) Employment:

(i) the name and address of the employer;

(ii) gross monthly wage;

(iii) payroll deduction(s), specifically identifying the type and amount;

(iv) the amount of other benefits including transportation, employer

contributions to health care, and employer contributions to retirement

accounts; and

(v) outstanding bonuses;

(F) Other income: list all sources of other income as defined by Wyo.Sta-

t.Ann. § 20-6-202(a)(ix), including the name and address of the source and

the amount and date received;

(G) As to retirement accounts or benefits:

(i) the name and address of the institution holding such account or

benefits;

(ii) the present value if readily ascertainable;

(iii) the initial date of any account;

(iv) the expected payment upon retirement and the specific retirement date; and

(v) the value of the account at the date of the marriage if the account

existed prior to marriage;

(H) As to custody or a change in custody, each party shall set forth the

facts believed to support the claim of superior entitlement to custody. In

addition, as to a change of custody each party shall disclose whether he or

she believes a substantial change in circumstances exists and shall

disclose any facts and supporting documentation that the disclosing party

may use to support his or her position.

(1.2) Initial disclosures in custody and support actions where the parties

are not married. — In custody and support actions where the parties are not

married, the following initial disclosures are required in original proceedings and in modification proceedings to the extent that they pertain to a

particular claim or defense:

(A) As to custody or a change in custody, each party shall set forth the

facts believed to support the claim of superior entitlement to custody. In

addition, as to a change of custody, each party shall disclose whether he or

she believes a substantial change in circumstances exists and shall

disclose any facts and supporting documentation that the disclosing party

may use to support his or her position.

(1.3) Timing of disclosures; requirement to disclose. — Unless a different

time is set by stipulation in writing or by court order, these disclosures

pursuant to 26(a)(1), 26(a)(1.1) and 26(a)(1.2) shall be made within 30 days

after a party’s answer is required to be served under Rule 12(a) or as that

period may be altered as described in Rule 12(a) by the party’s service of a

dispositive motion as described in Rule 12(b). Any party later served or

otherwise joined must make these disclosures within 30 days after being

served or joined unless a different time is set by stipulation in writing or by

court order. A party must make its initial disclosures based on the information then reasonably available to it. A party is not excused from making its

disclosures because it has not fully investigated the case or because it

challenges the sufficiency of another party’s disclosures or because another

party has not made its disclosures.

(2) Disclosure of Expert Testimony. —

(A) In addition to the disclosures required by paragraph (1), (1.1) or

(1.2), a party must disclose to the other parties the identity of any witness

it may use at trial to present evidence under Wyoming Rule of Evidence

702, 703, or 705.

(B) Witnesses Who Must Provide a Written Report. — Unless otherwise

stipulated or ordered by the court, if the witness is one retained or

specially employed to provide expert testimony in the case or one whose

duties as the party’s employee regularly involve giving expert testimony,

this disclosure must be accompanied by a written report prepared and

signed by the witness or a disclosure signed by counsel for the party. The

report must contain:

(i) a complete statement of all opinions the witness will express and

the basis and reasons for them;

(ii) the facts or data considered by the witness in forming them;

(iii) any exhibits that will be used to summarize or support them;

(iv) the witness’s qualifications, including a list of all publications

authored in the previous 10 years;

(v) a list of all other cases in which, during the previous four years,

the witness testified as an expert at trial or by deposition; and

(vi) a statement of the compensation to be paid for the study and

testimony in the case.

(C) Witnesses Who Do Not Provide a Written Report. — Unless otherwise stipulated or ordered by the court, if the witness is not required to

provide a written report, this disclosure must state:

(i) the subject matter on which the witness is expected to present

evidence under Wyoming Rule of Evidence 702, 703, or 705; and

(ii) a summary of the facts and opinions to which the witness is

expected to testify.

(D) Time to Disclose Expert Testimony. — A party must make these

disclosures at the times and in the sequence that the court orders. Absent

a stipulation or a court order, the disclosures must be made:

(i) at least 90 days before the date set for trial or forthe case to be

ready for trial; or

(ii) if the evidence is intended solely to contradict or rebut evidence on

the same subject matter identified by another party under Rule

26(a)(2)(B) or (C), within 30 days after the other party’s disclosure.

(E) Supplementing the Disclosure. — The parties must supplement

these disclosures when required under Rule 26(e).

(3) Pretrial Disclosures. —

(A) In General. — In addition to the disclosures required by Rule

26(a)(1), (1.1), (1.2) and (2), a party must provide to the other parties and

promptly file the following information about the evidence that it may

present at trial other than solely for impeachment:

(i) the name and, if not previously provided, the address and telephone number of each witness — separately identifying those the party

expects to present and those it may call if the need arises;

(ii) the designation of those witnesses whose testimony the party

expects to present by deposition and, if not taken stenographically, a

transcript of the pertinent parts of the deposition; and

(iii) an identification of each document or other exhibit, including

summaries of other evidence — separately identifying those items the

party expects to offer and those it may offer if the need arises.

(B) Time for Pretrial Disclosures; Objections. — Unless the court orders

otherwise, these disclosures must be made at least 30 days before trial.

Within 14 days after they are made, unless the court sets a different time,

a party may serve and promptly file a list of the following objections: any

objections to the use under Rule 32(a) of a deposition designated by

another party under Rule 26(a)(3)(A)(ii); and any objection, together with

the grounds for it, that may be made to the admissibility of materials

identified under Rule 26(a)(3)(A)(iii). An objection not so made — except

for one under Wyoming Rule of Evidence 402 or 403 — is waived unless

excused by the court for good cause.

(4) Form of Disclosures. — Unless the court orders otherwise, all disclosures under Rule 26(a)(1), (1.1), (1.2), (2), or (3) must be in writing, signed,

and served.

(b) Discovery Scope and Limits. —

(1) Scope in General. — Unless otherwise limited by court order, the scope

of discovery is as follows: Parties may obtain discovery regarding any

nonprivileged matter that is relevant to any party’s claim or defense and

proportional to the needs of the case, considering the importance of the

issues at stake in the action, the amount in controversy, the parties’ relative

access to relevant information, the parties’ resources, the importance of the

discovery in resolving the issues, and whether the burden or expense of the

proposed discovery outweighs its likely benefit. Information within this

scope of discovery need not be admissible in evidence to be discoverable.

(2) Limitations on Frequency and Extent. —

(A) When Permitted. — By order, the court may alter the limits in these

rules on the number of depositions and interrogatories or on the length of

depositions under Rule 30. By order, the court may also limit the number

of requests under Rule 36.

(B) Specific Limitations on Electronically Stored Information. — A

party need not provide discovery of electronically stored information from

sources that the party identifies as not reasonably accessible because of

undue burden or cost. On motion to compel discovery or for a protective

order, the party from whom discovery is sought must show that the

information is not reasonably accessible because of undue burden or cost.

If that showing is made, the court may nonetheless order discovery from

such sources if the requesting party shows good cause, considering the

limitations of Rule 26(b)(2)(C). The court may specify conditions for the

discovery.

(C) When Required. — On motion or on its own, the court must limit the

frequency or extent of discovery otherwise allowed by these rules or by the

court if it determines that:

(i) the discovery sought is unreasonably cumulative or duplicative, or

can be obtained from some other source that is more convenient, less

burdensome, or less expensive;

(ii) the party seeking discovery has had ample opportunity to obtain

the information by discovery in the action; or

(iii) the proposed discovery is outside the scope permitted by Rule

26(b)(1).

(3) Trial Preparation: Materials. —

(A) Documents and Tangible Things. — Ordinarily, a party may not

discover documents and tangible things that are prepared in anticipation

of litigation or for trial by or for another party or its representative

(including the other party’s attorney, consultant, surety, indemnitor,

insurer, or agent). But, subject to Rule 26(b)(4), those materials may be

discovered if:

(i) they are otherwise discoverable under Rule 26(b)(1); and

(ii) the party shows that it has substantial need for the materials to

prepare its case and cannot, without undue hardship, obtain their

substantial equivalent by other means.

(B) Protection Against Disclosure. — If the court orders discovery of

those materials, it must protect against disclosure of the mental impressions, conclusions, opinions, or legal theories of a party’s attorney or other

representative concerning the litigation.

(C) Previous Statement. — Any party or other person may, on request

and without the required showing, obtain the person’s own previous

statement about the action or its subject matter. If the request is refused,

the person may move for a court order, and Rule 37(a)(5) applies to the

award of expenses. A previous statement is either:

(i) a written statement that the person has signed or otherwise

adopted or approved; or

(ii) a contemporaneous stenographic, mechanical, electrical, or other

recording — or a transcription of it — that recites substantially

verbatim the person’s oral statement.

(4) Trial Preparation: Experts. —

(A) Deposition of an Expert Who May Testify. — A party may depose any

person who has been identified as an expert whose opinions may be

presented at trial. If Rule 26(a)(2)(B) requires a report from the expert, the

deposition may be conducted only after the report is provided.

(B) Trial-Preparation Protection for Draft Reports or Disclosures. —

Rules 26(b)(3)(A) and (B) protect drafts of any report or disclosure required

under Rule 26(a)(2), regardless of the form in which the draft is recorded.

(C) Trial-Preparation Protection for Communications Between a Party’s

Attorney and Expert Witnesses. — Rules 26(b)(3)(A) and (B) protect

communications between the party’s attorney and any witness required to

provide a report under Rule 26(a)(2)(B), regardless of the form of the

communications, except to the extent that the communications:

(i) relate to compensation for the expert’s study or testimony;

(ii) identify facts or data that the party’s attorney provided and that

the expert considered in forming the opinions to be expressed; or

(iii) identify assumptions that the party’s attorney provided and that

the expert relied on in forming the opinions to be expressed.

(D) Expert Employed Only for Trial Preparation. — Ordinarily, a party

may not, by interrogatories or deposition, discover facts known or opinions

held by an expert who has been retained or specially employed by another

party in anticipation of litigation or to prepare for trial and who is not

expected to be called as a witness at trial. But a party may do so only:

(i) as provided in Rule 35(b); or

(ii) on showing exceptional circumstances under which it is impracticable for the party to obtain facts or opinions on the same subject by

other means.

(E) Payment. — Unless manifest injustice would result, the court must

require that the party seeking discovery:

(i) pay the expert a reasonable fee for time spent in responding to

discovery under Rule 26(b)(4)(A) or (D); and

(ii) for discovery under (D), also pay the other party a fair portion of

the fees and expenses it reasonably incurred in obtaining the expert’s

facts and opinions.

(5) Claiming Privilege or Protecting Trial-Preparation Materials. —

(A) Information Withheld. — When a party withholds information

otherwise discoverable by claiming that the information is privileged or

subject to protection as trial-preparation material, the party must:

(i) expressly make the claim; and

(ii) describe the nature of the documents, communications, or tangible things not produced or disclosed — and do so in a manner that,

without revealing information itself privileged or protected, will enable

other parties to assess the claim.

(B) Information Produced. — If information produced in discovery is

subject to a claim of privilege or of protection as trial-preparation

material, the party making the claim may notify any party that received

the information of the claim and the basis for it. After being notified, a

party must promptly return, sequester, or destroy the specified information and any copies it has; must not use or disclose the information until

the claim is resolved; must take reasonable steps to retrieve the information if the party disclosed it before being notified; and may promptly

present the information to the court under seal for a determination of the

claim. The producing party must preserve the information until the claim

is resolved.

(c) Protective Orders. —

(1) In General. — A party or any person from whom discovery is sought

may move for a protective order in the court where the action is pending —

or as an alternative on matters relating to a deposition, in the court for the

district where the deposition will be taken. The motion must include a

certification that the movant has in good faith conferred or attempted to

confer with other affected parties in an effort to resolve the dispute without

court action. The court may, for good cause, issue an order to protect a party

or person from annoyance, embarrassment, oppression, or undue burden or

expense, including one or more of the following:

(A) forbidding the disclosure or discovery;

(B) specifying terms, including time and place or the allocation of

expenses, for the disclosure or discovery;

(C) prescribing a discovery method other than the one selected by the

party seeking discovery;

(D) forbidding inquiry into certain matters, or limiting the scope of

disclosure or discovery to certain matters;

(E) designating the persons who may be present while the discovery is

conducted;

(F) requiring that a deposition be sealed and opened only on court order;

(G) requiring that a trade secret or other confidential research, development, or commercial information not be revealed or be revealed only in

a specified way; and

(H) requiring that the parties simultaneously file specified documents

or information in sealed envelopes, to be opened as the court directs.

(2) Ordering Discovery. — If a motion for a protective order is wholly or

partly denied, the court may, on just terms, order that any party or person

provide or permit discovery.

(3) Awarding Expenses. — Rule 37(a)(5) applies to the award of expenses.

(4) Pending resolution of any motion under Rule 26(c) or 30(d), neither the

objecting party, witness, nor any attorney is required to appear at a

deposition to which the motion is directed until the motion is ruled upon. The

filing of a motion under either of these rules shall stay the disclosure or

discovery at which the motion is directed pending further order of the court.

Any motion for relief under this subdivision directed to a deposition must be

filed and served as soon as practicable after receipt of the discovery request

notice of deposition, but in no event less than three days prior to the

scheduled deposition. Counsel seeking such relief shall request the court for

a ruling or a hearing thereon promptly after the filing of such motion, so that

disclosure or discovery shall not be delayed in the event such motion is

denied.

(d) Timing and Sequence of Discovery. —

(1) Timing. — Except in a proceeding exempted from initial disclosure

under Rule 26(a)(1)(B), or when authorized by these rules, by stipulation, or

by court order, a party may not seek discovery from any source before the

period for initial disclosures has expired and that party has provided the

disclosures required under Rule 26(a)(1), (1.1), or (1.2).

(2) Sequence. — Unless the parties stipulate or the court orders otherwise

for the parties’ and witnesses’ convenience and in the interests of justice:

(A) methods of discovery may be used in any sequence; and

(B) discovery by one party does not require any other party to delay its

discovery.

(e) Supplementing Disclosures and Responses. —

(1) In General. — A party who has made a disclosure under Rule 26(a) —

or who has responded to an interrogatory, request for production, or request

for admission — must supplement or correct its disclosure or response:

(A) in a timely manner if the party learns that in some material respect

the disclosure or response is incomplete or incorrect, and if the additional

or corrective information has not otherwise been made known to the other

parties during the discovery process or in writing; or

(B) as ordered by the court.

(2) Expert Witness. — For an expert whose report must be disclosed under

Rule 26(a)(2)(B), the party’s duty to supplement extends both to information

included in the report and to information given during the expert’s deposition. Any additions or changes to this information must be disclosed by the

time the party’s pretrial disclosures under Rule 26(a)(3) are due.

(f) Discovery Conference. — At any time after commencement of an action

the court may direct the attorneys for the parties to appear before it for a

conference on the subject of discovery. The court shall do so upon motion by the

attorney for any party if the motion includes:

(1) a statement of the issues as they then appear;

(2) a proposed plan and schedule of discovery;

(3) any expansion or further limitation proposed to be placed on discovery;

(4) any other proposed orders with respect to discovery; and

(5) a statement showing that the attorney making the motion has made a

reasonable effort to reach agreement with opposing attorneys on the matters

set forth in the motion. Each party and each party’s attorney are under a

duty to participate in good faith in the framing of a discovery plan if a plan

is proposed by the attorney for any party. Notice of the motion shall be served

on all parties. Objections or additions to matters set forth in the motion shall

be served not later than 14 days after service of the motion.

Following the discovery conference, the court shall enter an order tentatively

identifying the issues for discovery purposes, establishing a plan and schedule

for discovery, setting limitations on discovery, if any; and determining such

other matters, including the allocation of expenses, as are necessary for the

proper management of discovery in the action. An order may be altered or

amended whenever justice so requires.

Subject to the right of a party who properly moves for a discovery conference

to prompt convening of the conference, the court may combine the discovery

conference with a pretrial conference authorized by Rule 16.

(g) Signing Disclosures and Discovery Requests, Responses, and Objections.

—

(1) Signature Required; Effect of Signature. — Every disclosure under

Rule 26(a)(1), (1.1), (1.2), or (3) and every discovery request, response, or

objection must be signed by at least one attorney of record in the attorney’s

own name / or by the party personally, if unrepresented — and must state

the signer’s address, email address, and telephone number. By signing, an

attorney or party certifies that to the best of the person’s knowledge,

information, and belief formed after a reasonable inquiry:

(A) with respect to a disclosure, it is complete and correct as of the time

it is made; and

(B) with respect to a discovery request, response, or objection, it is:

(i) consistent with these rules and warranted by existing law or by a

nonfrivolous argument for extending, modifying, or reversing existing

law, or for establishing new law;

(ii) not interposed for any improper purpose, such as to harass, cause

unnecessary delay, or needlessly increase the cost of litigation; and

(iii) neither unreasonable nor unduly burdensome or expensive, considering the needs of the case, prior discovery in the case, the amount in

controversy, and the importance of the issues at stake in the action.

(2) Failure to Sign. — Other parties have no duty to act on an unsigned

disclosure, request, response, or objection until it is signed, and the court

must strike it unless a signature is promptly supplied after the omission is

called to the attorney’s or party’s attention.

(3) Sanction for Improper Certification. — If a certification violates this

rule without substantial justification, the court, on motion or on its own,

must impose an appropriate sanction on the signer, the party on whose

behalf the signer was acting, or both. The sanction may include an order to

pay the reasonable expenses, including attorney’s fees, caused by the

violation.