W.R.C.P.Ch.C. 3

(a) Original Filing in Chancery Court. A civil action is commenced in the

chancery court when service is completed upon all defendants, pursuant to

Rule 4. A civil action is “brought” for statute of limitations purposes upon filing

the initial pleading in chancery court. Any named party may file an objection

to proceeding in chancery court on or before the date its first responsive

pleading or motion to dismiss is due. Within ten days of the objection, the

plaintiff shall either produce a valid contract designating the chancery court as

the forum for resolving disputes, request dismissal without prejudice, or

specify the district court where the action could properly have been filed and to

which it should be removed. If the chancery court has not been designated as

the forum for resolving disputes in a valid contract, and the plaintiff does not

request dismissal, the chancery court shall enter an order removing the case to

the district court designated by the plaintiff in accordance with Rule 40.1(c).

The chancery court retains jurisdiction to analyze and enforce forum-selection

agreements. An objection to proceeding in chancery court is waived if not

brought within the time provided in this rule.

(b) Removal to Chancery Court. An action may be removed from district

court to chancery court when:

(1) All parties consent in writing within sixty (60) days of service of the

last defendant; and

(2) The case meets the eligibility requirements of W.S. § 5-13-115 and

these rules.

(c) Removal after Amended Pleading. If the case stated by the initial

pleading is not removable, a notice of removal may be filed within sixty (60)

days after receipt by the defendant, through service or otherwise, of a copy of

an amended pleading, motion, order or other paper from which it may first be

ascertained that the case is one which is or has become removable, if all parties

consent in writing and the case meets the eligibility requirements of W.S. §

5-13-115 and these rules.

(d) Procedure after Removal Generally.

(1) Written Notice to the District Court. Promptly after the filing of such

notice of removal of a civil action, the removing party shall file a copy of the

notice with the clerk of such district court, which shall effect the removal and

the district court shall proceed no further.

(2) Order of Removal. The case shall be deemed removed from district

court to chancery court upon entry of an Order of Removal by the chancery

court, which shall be issued within three (3) days following the filing of the

notice of removal. The Order shall state that the chancery court obtained

jurisdiction over both the parties and the subject matter of the district court

action and that the district court should proceed no further. In the event a

hearing is pending when the notice of removal is filed with the clerk of the

district court, the Order on Removal shall require the removing party to

notify the district court clerk of the removal of the action.

(3) Court Record. Within fourteen (14) days of entry of the Order on

Removal, the removing party shall file with the clerk of chancery court a

copy of the entire district court record and proceedings, including the docket

sheet.

(4) Process. In any case removed from district court, the chancery court

may issue all necessary orders and process to bring before it all proper

parties whether served by process issued by the district court or otherwise.