3(b), the service was not timely, and the saving

Wyoming Rules of Civil Procedure

Rule: 3.2

Jurisdiction: WY

Bluebook Citation: Wyo. R. Civ. P. 3.2

statute, Wyo. Stat. Ann. § 1-3-118 did not apply because the complaint was filed after the 4-year Wyo. Stat. Ann. § 1-3-105 statute of limitations had run. Furthermore, Wyo. R. Civ. P. 6(a) does not enlarge the time provided in a statute of limitations. Hoke v. Motel 6 Jackson & Accor N. Am., Inc., 2006 WY 38, 131 P.3d 369, 2006 Wyo. LEXIS 41 (Wyo. 2006). Two and one-half years is not as matter of law reasonable time to obtain service and commence action, particularly where no excuse whatsoever is offered. Quin Blair En- ters. v. Julien Constr. Co., 597 P.2d 945, 1979 Wyo. LEXIS 430 (Wyo. 1979). Rule 41(b)(1) protects against dilatory plaintiffs. — Subdivision (a) is in the form it is, without a requirement of service of process as part of the commencement of a lawsuit, because it was felt that adequate protection against dilatory plaintiffs was afforded by Rule 41(b)(1), by dismissal for want of prosecution. Quin Blair Enters. v. Julien Constr. Co., 597 P.2d 945, 1979 Wyo. LEXIS 430 (Wyo. 1979). Contract terms may limit action. — Sub- division (b) is inapplicable where an action is limited by terms of a contract and there is no statute of limitations involved. Quin Blair En- ters. v. Julien Constr. Co., 597 P.2d 945, 1979 Wyo. LEXIS 430 (Wyo. 1979). Claim time-barred. — While the detainee’s filing occurred within the one-year limitation period of Wyo. Stat. Ann. § 1-39-114, the deputy was not served with the copy of the complaint until much later; pursuant to Wyo. R. Civ. P. 3(b), the suit was not “commenced” until that date, which was outside the one-year statutory period, and as a result, the detainee’s state law tort claims against the deputy under the Wyoming Governmental Claims Act were time-barred. Boyer-Gladden v. Hill, 2010 WY 12, 224 P.3d 21, 2010 Wyo. LEXIS 13 (Wyo. 2010). Suit commenced by filing complaint with intent to prosecute. — A suit is deemed commenced for purposes of a statute of limita- tions by the filing of a complaint with the bona fide intent to prosecute the suit diligently, pro- vided there was no unreasonable delay in the issuance or service of summons. Quin Blair Enters. v. Julien Constr. Co., 597 P.2d 945, 1979 Wyo. LEXIS 430 (Wyo. 1979). Law reviews. — For article, “Wyoming Practice,” see 12 Wyo. L.J. 202 (1958).

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