WYOMING COURT RULES

124 therefor is made before the expiration of the period originally prescribed or as extended by a previous order; or (2) Upon motion made after the expiration of the specified period, permit the act to be done if the failure to act was the result of excusable neglect, but the court may not extend the time for taking any action under Rules 29, 33, 34 and 35 except to the extent and under the conditions stated in them. (c) Motions and affidavits. — A written motion, other than one which may be heard ex parte, and notice of the hearing thereof, shall be served not later than five days before the time specified for the hearing unless a different period is fixed by rule or order of the court. For cause shown such an order may be made on ex parte application. When a motion is supported by affidavit, the affidavit shall be served with the motion; and opposing affidavits may be served not less than one day before the hearing unless the court permits them to be served at a later time. (d) Additional time after service by mail. — Whenever a party has a right or is required to do an act within a prescribed period after the service of a notice or other paper upon that party and the notice or other paper is served upon that party by mail, three days shall be added to the prescribed period. (e) Continued existence or expiration of term of court. — The period of time provided for the doing of any act or the taking of any proceeding is not affected or limited by the continued existence or expiration of a term of court. The continued existence or expiration of a term of court in no way affects the power of a court to do any act or take any proceeding in any criminal action which has been pending before it. History: Amended July 22, 1993, effective October 19, 1993. Cross references. — As to legal holidays, see § 8-4-101. Compare. — Rule 45, Fed. Rules Cr. Proc. Rule read with Rule 41(e), relating to motion to suppress seized evidence. — See Blakely v. State, 542 P.2d 857, 1975 Wyo. LEXIS 174 (Wyo. 1975). Extension of time following expiration not allowed. — There can be no extension of a filing period which has already elapsed, and a valid order extending the time can only be made prior to the time allowed by a previous court order. Elliott v. State, 626 P.2d 1044, 1981 Wyo. LEXIS 326 (Wyo. 1981).