One Form of Action

Wyoming Rules of Civil Procedure

Rule: 2

Jurisdiction: WY

Bluebook Citation: Wyo. R. Civ. P. 2

These rules govern procedure but do not change substantive rights. — Strahan v. Strahan, 400 P.2d 542, 1965 Wyo. LEXIS 131 (Wyo. 1965). The rules by their own pronouncement, as well as by the enabling statutes, §§ 5-2-115 and 5-2-116, govern procedure but do not abridge, enlarge, or modify the substantive rights of persons or the jurisdiction of a court. State ex rel. Frederick v. District Court, 399 P.2d 583, 1965 Wyo. LEXIS 123 (Wyo. 1965). As to application of these rules to other than courts of record, see Hoffmeister v. McIntosh, 361 P.2d 678, 1961 Wyo. LEXIS 93 (Wyo.), reh’g denied, 364 P.2d 823, 1961 Wyo. LEXIS 114 (Wyo. 1961). As to procedure for handling appeals from justice of the peace courts, see State v. Heberling, 553 P.2d 1043, 1976 Wyo. LEXIS 211 (Wyo. 1976). District court may not decide case upon briefs submitted by parties when those briefs are not accompanied by either a motion for judgment or a stipulation of facts. Koontz v. South Superior, 716 P.2d 358, 1986 Wyo. LEXIS 516 (Wyo. 1986). Application to Avoid Remand. — Based on Wyo. Stat. Ann. § 1-14-126(b), a former member of an LLC was entitled to attorney’s fees of $77,470, which was a reasonable amount for a trial, three evidentiary hearings, and four appeals; pursuant to Wyo. R. Civ. P. 1, the court did not remand the action for a determination of fees but made the determination itself based on the unnecessary protraction of the litigation by plaintiff and the LLC. Thorkildsen v. Belden, 2011 WY 26, 247 P.3d 60, 2011 Wyo. LEXIS 29 (Wyo. 2011). Law reviews. — For article, “Wyoming Practice,” see 12 Wyo. L.J. 202 (1958). See article, “The 1994 Amendments to the Wyoming Rules of Civil Procedure,” XXX Land & Water L. Rev. 151 (1995). There is one form of action — the civil action. History: Source. — Similar to Rule 2 of the Federal Added February 2, 2017, effective March 1, Rules of Civil Procedure. 2017.

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