Nowotny v. L & B Contract Indus., 933 P.2d

452, 1997 Wyo. LEXIS 46 (Wyo. 1997). Substitution of true name for fictitious name. — When amendment is made of a com- plaint, substituting a fictitious name of an unknown defendant with the true name after the time permitted by the statute of limitations has passed, the amendment relates back for time computation purposes only when the de- fendant had or should have had notice of the claim against it. Northern Utils. Div. of K N Energy v. Evansville, 822 P.2d 829, 1991 Wyo. LEXIS 187 (Wyo. 1991) (decided prior to 1992 amendment) . Amendment alleging presentation of proper notice of claim. — District court had subject matter jurisdiction to allow amendment of a wrongful death complaint to allege presen- tation of a notice of claim complying with Wyo. Stat. Ann. § 1-39-113(b) and Wyo. Const. art. 16, § 7, which had been timely presented. The amendment related back to the original filing date in accordance with this section. Hoffman v. Darnell, 2011 WY 65, 252 P.3d 936, 2011 Wyo. LEXIS 67 (Wyo. 2011). V. SUPPLEMENTAL PLEADINGS Violation of due process. — In a divorce case, a wife’s due process rights under Wyo. Const. art. I, § 6 and the Fourteenth Amend- ment were violated when a district court en- tered a default divorce decree based on a supplemental pleading that was not served on the wife; a wife’s motion to modify the decree should have been granted because the supple- mental affidavit contained claims for relief that were not in the original complaint. Bradley v. Bradley, 2005 WY 107, 118 P.3d 984, 2005 Wyo. LEXIS 129 (Wyo. 2005).