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WY · rules

W.R.C.P. 6

Time

activein force · 2017-03-01 – presentact-effective-date

(a) Computation. — In computing any period of time prescribed or allowed

by these rules, by order of court, or by any applicable statutes, the day of the

act, event, or default from which the designated period of time begins to run

shall not be included. The last day of the period so computed shall be included,

unless it is a Saturday, a Sunday, or a legal holiday, or, when the act to be done

is the filing of a paper, a day on which weather or other conditions have made

the office of the clerk of the court inaccessible, in which event the period runs

until the end of the next day which is not one of the aforementioned days. As

used in this rule, “legal holiday” includes any day officially recognized as a

legal holiday in this state by designation of the legislature, appointment as a

holiday by the governor or the chief justice of the Wyoming Supreme Court, or

any day designated as such by local officials.

(b) Extending Time. —

(1) In General. — When by these rules or by a notice given thereunder or

by order of court an act is required or allowed to be done at or within a

specified time, the court, or a commissioner thereof, may for good cause and

in its discretion:

(A) with or without motion or notice order the period enlarged if request

therefor is made before the expiration of the period originally prescribed or

as extended by a previous order; or

(B) upon motion made after the expiration of the specified period permit

the act to be done where the failure to act was the result of excusable

neglect;

(2) Exceptions. — A court may not extend the time for taking any action

under Rules 50(b) and (c)(2), 52(b), 59(b), (d) and (e), and 60(b), except to the

extent and under the conditions stated in them.

(3) By Clerk of Court. — A motion served before the expiration of the time

limitations set forth by these rules for an extension of time of not more than

15 days within which to answer or move to dismiss the complaint, or answer,

respond or object to discovery under Rules 33, 34, and 36, if accompanied by

a statement setting forth:

(A) the specific reasons for the request,

(B) that the motion is timely filed,

(C) that the extension will not conflict with any scheduling or other

order of the court, and

(D) that there has been no prior extension of time granted with respect

to the matter in question may be granted once by the clerk of court, ex

parte and routinely, subject to the right of the opposing party to move to

set aside the order so extending time. Motions for further extensions of

time with respect to matters extended by the clerk shall be presented to

the court, or a commissioner thereof, for determination.

(c) Motions and motion practice. —

(1) In General. — Unless these rules or an order of the court establish

time limitations other than those contained herein, all motions shall be

served at least 14 days before the hearing on the motion, with the following

exceptions:

(A) motions for enlargement of time;

(B) motions made during hearing or trial;

(C) motions which may be heard ex parte; and

(D) motions described in subdivisions (5) and (6) below, together with

supporting affidavits, if any.

(2) Responses. — Except as otherwise provided in Rule 59(c), or unless the

court by order permits service at some other time, a party affected by the

motion may serve a response, together with affidavits, if any, at least three

days prior to the hearing on the motion or within 20 days after service of the

motion, whichever is earlier.

(3) Replies. — Unless the court by order permits service at some other

time, the moving party may serve a reply, if any, at least one day prior to the

hearing on the motion or within 15 days after service of the response,

whichever is earlier. Unless the court otherwise orders, any party may serve

supplemental memoranda or rebuttal affidavits at least one day prior to the

hearing on the motion.

(4) Request for Hearing. — A request for hearing may be served by the

moving party or any party affected by the motion within 20 days after service

of the motion. The court may, in its discretion, determine such motions

without a hearing. Any motion, under Rules 50(b) and (c)(2), 52(b), 59 and

60(b), not determined within 90 days after filing shall be deemed denied

unless, within that period, the determination is continued by order of the

court, which continuation may not exceed 60 days, at which time, if the

motion has not been determined, it shall be deemed denied.

(5) Protective Orders and Motions to Compel. — A party moving for a

protective order under Rule 26(c) or to compel discovery under Rule 37(a)

may request an immediate hearing thereon. An immediate hearing may be

held if the court finds that a delay in determining the motion will cause

undue prejudice, expense or inconvenience.

(6) Motions in Limine. — A motion relating to the exclusion of evidence

may be filed at any time. Absent a request for hearing by a moving party or

any party affected by the motion, the court may, in its discretion, determine

the motion without a hearing.

(d) Additional time after service by mail. — Whenever a party has the right

or is required to do some act or take some proceedings within a prescribed

period after the service of a notice or other paper upon the party, and the notice

or paper is served upon the party by mail or by delivery to the clerk for service,

three days shall be added to the prescribed period, provided however, this rule

shall not apply to service of process by registered or certified mail under Rule

4(r).

History

History: Added February 2, 2017, effective March 1, 2017.

Provenance

Source
wyocourts.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
a4980014990d6833ffcc37d4d31aa1d4d9c98c7b6a1a86e7bfedb7c31c8534d7
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W.R.C.P. 6 — Time · binding.law