W.R.C.P.Ch.C. 6

All timelines are subject to adjustment and reduction by the chancery court judge.

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

these rules, by order of the chancery 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 chancery court an act is required or allowed to be done at or within

a specified time, the chancery court, or a magistrate 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. The chancery 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 Chancery 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 chancery 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 chancery

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 chancery court, or a magistrate thereof, for determination.

(c) Motions and motion practice.

(1) In General. Unless these rules or an order of the chancery 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

chancery 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 chancery 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 chancery 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 14 days after service

of the motion. The chancery 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 60 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 30 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 chancery 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 chancery 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 chancery court

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). No additional time shall be added if the party is served

electronically through the chancery court’s electronic filing system.