Title 1 — Title 1 — Code Of Civil Procedure
43 chapters · 1,036 sections in this title.
W.S. § 1-2-102 (a) oaths: Officers authorized to administer
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(a) oaths: Officers authorized to administer. The following officers are authorized to administer (i) Justices of the Wyoming supreme court; (ii) Judges of the Wyoming district courts; (iii) Judge of the United States district court for the district of Wyoming; (iv) Clerks of the…
W.S. § 1-2-103 Affirmation in lieu of oath; manner of administering
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Affirmation in lieu of oath; manner of administering. Persons conscientiously opposed to swearing or to taking any oath may affirm, and are subject to the penalties of perjury as in the case of swearing an oath. Whenever any person is required to take an oath in any court, or bef…
W.S. § 1-2-104 Certification of documents
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Certification of documents. (a) A matter required or authorized to be supported, evidenced, established or proven by the sworn statement, declaration, verification, certificate, oath or affidavit, in writing of the person making it, other than a deposition, an acknowledgment, an …
W.S. § 1-3-107 Nothing in this section shall be construed to extend the limitation period specified in W.S
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Nothing in this section shall be construed to extend the limitation period specified in W.S. 33-28-203 for actions for payment from the real estate recovery account.
W.S. § 1-3-101 Applicability of provisions
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Applicability of provisions. This chapter shall not apply in the case of a continuing and subsisting trust, nor to an action by a vendee of real property in possession thereof to obtain a conveyance of it.
W.S. § 1-3-102 When actions may be commenced
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When actions may be commenced. Civil actions can only be commenced within the periods prescribed in this chapter, after the cause of action accrues, but where a different limitation is prescribed by statute, that shall govern.
W.S. § 1-3-103 Recovery of real property; generally
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Recovery of real property; generally. An action for the recovery of the title or possession of lands, tenements or hereditaments can only be brought within ten (10) years after the cause of such action accrues.
W.S. § 1-3-104 Recovery of real property; legal disability
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Recovery of real property; legal disability. Any person entitled to bring an action for the recovery of real property who is under any legal disability when the cause of action accrues may bring his action within ten (10) years after the disability is removed.
W.S. § 1-3-105 Actions other than recovery of real property
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Actions other than recovery of real property. (a) Civil actions other than for the recovery of real property can only be brought within the following periods after the cause of action accrues: (i) Within ten (10) years, an action upon a specialty or any contract, agreement or pro…
W.S. § 1-3-106 When certain causes of action accrue
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When certain causes of action accrue. A cause of action for the wrongful taking of personal property is not deemed to have accrued until the wrongdoer is discovered. A cause of action on the ground of fraud is not deemed to have accrued until the discovery of the fraud.
W.S. § 1-3-108 Official bonds and statutory undertakings
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Official bonds and statutory undertakings. An action upon the official bond of an officer, assignee, trustee, executor, administrator or guardian, or upon a bond given in pursuance of a statute can only be brought within ten (10) years after the cause of action accrues.
W.S. § 1-3-109 Actions not otherwise limited
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Actions not otherwise limited. An action for relief, not hereinbefore provided for, can only be brought within ten (10) years after the cause of action accrues.
W.S. § 1-3-110 "Substantial completion" defined
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"Substantial completion" defined. As used in this act "substantial completion" means the degree of completion at which the owner can utilize the improvement for the purpose for which it was intended.
W.S. § 1-3-111 Improvements to real property; generally
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Improvements to real property; generally. (a) Unless the parties to the contract agree otherwise, no action to recover damages, whether in tort, contract, indemnity or otherwise, shall be brought more than ten (10) years after substantial completion of an improvement to real prop…
W.S. § 1-3-112 Improvements to real property; exception as to persons in possession or control
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Improvements to real property; exception as to persons in possession or control. The limitation prescribed by this act shall not be asserted by way of defense by any person in actual possession or control, as owner, tenant or otherwise, of the improvement at the time any deficien…
W.S. § 1-3-113 Improvements to real property; extension of limitations precluded
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Improvements to real property; extension of limitations precluded. Nothing in this act shall be construed as extending the period prescribed by law for the bringing of any action.
W.S. § 1-3-114 Legal disabilities
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Legal disabilities. If a person entitled to bring any action except for an action arising from error or omission in the rendering of licensed or certified professional or health care services or for a penalty or forfeiture, is, at the time the cause of action accrues, a minor or …
W.S. § 1-3-115 Liability created by federal statute
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Liability created by federal statute. All actions upon a liability created by a federal statute, other than a forfeiture or penalty, for which no period of limitations is provided in such statute, shall be commenced within two (2) years after the cause of action has accrued.
W.S. § 1-3-116 Absence from state, abscondence or concealment
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Absence from state, abscondence or concealment. If a cause of action accrues against a person when he is out of the state, or has absconded or concealed himself, the period limited for the commencement of the action does not begin to run until he comes into the state or while he …
W.S. § 1-3-117 Effect of foreign law
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Effect of foreign law. If by the laws of the state or country where the cause of action arose the action is barred, it is also barred in this state.
W.S. § 1-3-118 Right to commence new action
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Right to commence new action. If in an action commenced in due time a judgment for the plaintiff is reversed, or if the plaintiff fails otherwise than upon the merits and the time limited for the commencement of the action has expired at the date of the reversal or failure, the p…
W.S. § 1-3-119 writing
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writing. Effect of partial payment or new promise in When payment has been made upon any demand founded on contract or a written acknowledgment thereof, or promise to pay the same has been made and signed by the party to be charged, the time for commencing an action runs from the…
W.S. § 1-4-101 Causes of action that survive
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Causes of action that survive. In addition to the causes of action which survive at common law, causes of action for mesne profits, injuries to the person, an injury to real or personal estate, or any deceit or fraud also survive. An action may be brought notwithstanding the deat…
W.S. § 1-4-102 Abatement of actions by death
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Abatement of actions by death. No action or proceeding pending in any court abates by the death of either or both of the parties thereto except as herein provided; an action for libel, slander, malicious prosecution, assault, assault and battery or nuisance shall abate by the dea…
W.S. § 1-5-101 Actions to be brought where real property situated; exceptions
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Actions to be brought where real property situated; exceptions. (a) Actions for the following causes shall be brought in the county in which the subject of the action is situate, except as provided in W.S. 1-5-102 and 1-5-103: (i) For the recovery of real property, or of an estat…
W.S. § 1-5-102 Property situate in more than a single county
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Property situate in more than a single county. When the property is situate in more than one (1) county, the action may be brought in either, but in actions to recover real property, this can only be done when the property is an entire tract.
W.S. § 1-5-103 Specific performance of sale contract for realty
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Specific performance of sale contract for realty. An action to compel the specific performance of a contract of sale of real estate may be brought in the county where any of the defendants reside.
W.S. § 1-5-104 arose
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arose. Actions to be brought where cause of action (a) Actions for the following causes shall be brought in the county where the cause or some part thereof arose: (i) For the recovery of a fine, forfeiture or penalty imposed by a statute. When it is imposed for an offense committ…
W.S. § 1-5-105 Actions against domestic corporations
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Actions against domestic corporations. An action, other than those mentioned in W.S. 1-5-101 through 1-5-103, against a corporation created under the laws of this state may be brought in the county in which the corporation is situate or has its principal office or place of busine…
W.S. § 1-5-106 companies
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companies. Actions against public carriers and railroad An action for an injury to person or property upon a liability as a public carrier, or an action against a railroad company, may be brought in any county through or into which the carrier or railroad line passes.
W.S. § 1-5-107 corporations
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corporations. Actions against nonresidents and foreign An action, other than one (1) of those mentioned in W.S. 1-5-101 through 1-5-104, against a nonresident of this state or a foreign corporation, whether or not codefendants reside in Wyoming, may be brought in any county where…
W.S. § 1-5-108 Actions not otherwise provided for; exception
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Actions not otherwise provided for; exception. Every action not otherwise provided for in this chapter shall be brought in the county in which a defendant resides or may be summoned, except actions against an executor, administrator, guardian or trustee, which may be brought in t…
W.S. § 1-5-109 Actions for personal injuries or wrongful death
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Actions for personal injuries or wrongful death. An action for personal injuries or wrongful death may be brought in the county in which the cause of action arose or in the county in which the defendant resides or may be summoned.
W.S. § 1-6-101 Endorsement by sheriff required
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Endorsement by sheriff required. The sheriff shall endorse upon every writ or order, the day and hour it was received by him.
W.S. § 1-6-102 party
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party. Service of process when sheriff is an interested When the sheriff is a party or is interested in an action, process shall be directed to and executed by a person over the age of eighteen (18) years, not a party to the action, appointed for that purpose by the court.
W.S. § 1-6-103 Appointment to serve particular process or order
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Appointment to serve particular process or order. For good cause the court may appoint a person to serve a particular process or order, who has the same power as the sheriff to execute it. The person may be appointed on the motion of the party who obtains the process or order, an…
W.S. § 1-6-104 Duties of sheriff
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Duties of sheriff. The sheriff shall execute every summons, order or other process, return the same as required by law, and exercise the powers conferred and perform the duties enjoined upon him by statute and by the common law.
W.S. § 1-6-105 Proceedings when defendants not all served
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Proceedings when defendants not all served. (a) When service has been made on one (1) or more defendants, but not on all, the plaintiff may proceed as follows: (i) If the action is against defendants jointly indebted upon contract, he may proceed against the defendants served, un…
W.S. § 1-6-106 Lis pendens; generally
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Lis pendens; generally. When a summons has been served or publication made, the action is pending so as to charge third persons with notice of its pendency, and while pending no interest can be acquired by third persons in the subject matter thereof as against the plaintiff's tit…
W.S. § 1-6-107 From the time of filing the notice a subsequent purchaser or encumbrancer of the property shall have constructive notice of the pendency of the action
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From the time of filing the notice a subsequent purchaser or encumbrancer of the property shall have constructive notice of the pendency of the action.
W.S. § 1-6-108 Lis pendens; notice of pendency of action affecting real property or action between husband and wife
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Lis pendens; notice of pendency of action affecting real property or action between husband and wife. In an action in a state court or in a United States district court affecting the title or right of possession of real property, or in an action between husband and wife, the plai…
W.S. § 1-6-109 Lis pendens; record of notice
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Lis pendens; record of notice. The county clerk upon the filing of such notice shall record the notice in accordance with W.S. 18-3-402(a)(vi).
W.S. § 1-6-110 Transmission of process by telecommunications
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Transmission of process by telecommunications. Any summons, writ or order in any civil proceeding, and all other papers requiring service may be transmitted by any form of telecommunication for service in any place, and the copy of such writ, order or paper so transmitted may be …
W.S. § 1-6-111 mail
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mail. Substitution of certified mail for registered Wherever required by statute, rule of court or otherwise that service be made or notice given by registered mail, such requirement may be satisfied by use of certified mail and proof of mailing.
W.S. § 1-6-201 Manner of publishing generally
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Manner of publishing generally. All notices by law directed, authorized or permitted to be made by publication may be published once each week during the period of time for which the notice is required by law to be published. All such weekly publications made in a newspaper issue…
W.S. § 1-6-202 Notice for certain number of days
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Notice for certain number of days. Whenever the law requires or permits the publication of a notice for a certain number of days prior to any action, unless otherwise provided by law the publication may be made weekly as provided in W.S. 1-6-201, and as often as such weekly publi…
W.S. § 1-6-203 Notice for specified number of weeks
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Notice for specified number of weeks. In all cases where under the laws a notice is required or permitted to be published for a specified number of weeks, it is sufficient that the publication be made once each week for the number of issues corresponding to the number of weeks fo…
W.S. § 1-6-204 Publication of real property; descriptions used
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Publication of real property; descriptions used. All notices directed, authorized or permitted to be made by publication that require a legal description of real property on the notice shall include the street address for the property used by the United States postal service when…
W.S. § 1-6-301 Secretary of state deemed attorney for service; continuance of action; costs; record of process; jurisdiction; direction of summons
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Secretary of state deemed attorney for service; continuance of action; costs; record of process; jurisdiction; direction of summons. (a) The use and operation of a motor vehicle on any street or highway within Wyoming by any person upon whom service of process cannot be made with…
W.S. § 1-7-101 Liability for expenses in civil actions
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Liability for expenses in civil actions. When a change of venue is directed in a civil action in the district court, the county from which the change of venue is taken shall be liable to pay to the county to which the change is taken the fees paid to the jury trying the case and …