Rule 5. Serving and Filing Pleadings and Other Papers

(a) Service: When required. —

(1) In General. — Unless these rules provide otherwise, each of the

following papers must be served on every party:

(A) an order stating that service is required;

(B) a pleading filed after the original complaint, unless the court orders

otherwise under Rule 5(c) because there are numerous defendants;

(C) a discovery paper required to be served on a party, unless the court

orders otherwise;

(D) a written motion, except one that may be heard ex parte; and

(E) a written notice, appearance, demand, or offer of judgment, or any

similar paper.

(2) If a Party Fails to Appear. — No service is required on a party who is

in default for failing to appear. But a pleading that asserts a new claim for

relief against such a party must be served on that party under Rule 4.

(3) Seizing Property. — If an action is begun by seizing property and no

person is or need be named as a defendant, any service required before the

filing of an appearance, answer, or claim must be made on the person who

had custody or possession of the property when it was seized.

(b) Service: How made. —

(1) Serving an Attorney. — If a party is represented by an attorney, service

under this rule must be made on the attorney unless the court orders service

on the party.

(2) Service in General. — A paper is served under this rule by:

(A) handing it to the person;

(B) leaving it:

(i) at the person’s office with a clerk or other person in charge or, if no

one is in charge, in a conspicuous place in the office; or

an Attorney. — If a party is represented by an attorney, service

under this rule must be made on the attorney unless the court orders service

on the party.

(2) Service in General. — A paper is served under this rule by:

(A) handing it to the person;

(B) leaving it:

(i) at the person’s office with a clerk or other person in charge or, if no

one is in charge, in a conspicuous place in the office; or

(ii) if the person has no office or the office is closed, at the person’s

dwelling or usual place of abode with someone of suitable age and

discretion who resides there;

(C) leaving it with the court clerk if the person has no known address;

(D) mailing it to the person’s last known address—in which event

service is complete upon mailing and simultaneously sending it by

electronic means unless otherwise ordered by the court; or

(E) delivering it by any other means that the person consented to in

writing—in which event service is complete when the person making

service delivers it to the agency designated to make delivery.

(c) Serving numerous defendants. —

(1) In General. — If an action involves an unusually large number of

defendants, the court may, on motion or on its own, order that:

(A) defendants’ pleadings and replies to them need not be served on

other defendants;

(B) any crossclaim, counterclaim, avoidance, or affirmative defense in

those pleadings and replies to them will be treated as denied or avoided by

all other parties; and

(C) filing any such pleading and serving it on the plaintiff constitutes

notice of the pleading to all parties.

(2) Notifying Parties. — A copy of every such order must be served on the

parties as the court directs.

her defendants;

(B) any crossclaim, counterclaim, avoidance, or affirmative defense in

those pleadings and replies to them will be treated as denied or avoided by

all other parties; and

(C) filing any such pleading and serving it on the plaintiff constitutes

notice of the pleading to all parties.

(2) Notifying Parties. — A copy of every such order must be served on the

parties as the court directs.

(d) Filing. —

(1) Required Filings; Certificate of Service. — Any paper after the

complaint that is required to be served —together with a certificate of service

— must be filed within a reasonable time after service. But disclosures under

Rule 26(a)(1) or (2) and the following discovery requests and responses must

not be filed until they are used in the proceeding or the court orders filing:

depositions, interrogatories, requests for documents or tangible things or to

permit entry onto land, and requests for admission. A notice of discovery

proceedings may be filed concurrently with service of discovery papers to

demonstrate substantial and bona fide action of record to avoid dismissal for

lack of prosecution.

(2) How Filing Is Made — In General. — A paper is filed by delivering it:

(A) to the clerk of court; or

(B) to a judge who agrees to accept it for filing, and who must then note

the filing date on the paper and promptly send it to the clerk.

(3) Acceptance by the Clerk. — The clerk must not refuse to file a paper

solely because it is not in the form prescribed by these rules or by a local

practice, except the clerk may refuse to file a paper that obviously does not

comply with the Wyoming Rules Governing Access to Case Records, the

Uniform Rules of the District Courts of the State of Wyoming, and the

Uniform Rules of the Circuit Courts of Wyoming. See Rule 9, Wyoming Rules

Governing Access to Case Records. The clerk may refuse to accept email

filings not substantially in compliance with this rule. The clerk will promptly

notify the filer of such rejection.

not

comply with the Wyoming Rules Governing Access to Case Records, the

Uniform Rules of the District Courts of the State of Wyoming, and the

Uniform Rules of the Circuit Courts of Wyoming. See Rule 9, Wyoming Rules

Governing Access to Case Records. The clerk may refuse to accept email

filings not substantially in compliance with this rule. The clerk will promptly

notify the filer of such rejection.

(e) Filing with the court defined. —

(1) Unless electronic filing is required pursuant to the Wyoming Rules for

Electronic Filing and Service, and except as set forth in this Rule 5(e),

documents shall be filed in paper with each clerk’s office in the county and

court where the document is appropriately filed.

(2) Filing of documents in the trial courts through the electronic filing

system (EFS) shall be governed by the Wyoming Rules for Electronic Filing

and Service.

(3) Email filing of documents is permissible as set forth herein.

(A) Email filing is permissible by attorneys only in trial courts that do

not yet have mandatory electronic filing requirements in accordance with

the Wyoming Rules for Electronic Filing and Service.

(B) Initial pleadings (complaints or petitions), and applications for civil

writs, shall not be filed by email. No document made confidential by state

statute, court rule, or court order, or any paper containing confidential

information which has not been redacted in accordance with the Wyoming

Rules Governing Access to Case Records shall be filed by email.

(C) Except as set forth in Rule 5(e)(3)(B), all papers may be filed by

email. A paper filed by email in compliance with this rule constitutes a

written paper for the purpose of these rules.

(D) Papers filed by email must comply with the following:

(i) if filed in the circuit court, be followed by the fee as set forth in the

Rules For Fees and Costs For Circuit Court, mailed within 24 hours of

the electronic transmission.

(ii) the party or attorney making the filing may use

(a) a scanned original signature, or

nce with this rule constitutes a

written paper for the purpose of these rules.

(D) Papers filed by email must comply with the following:

(i) if filed in the circuit court, be followed by the fee as set forth in the

Rules For Fees and Costs For Circuit Court, mailed within 24 hours of

the electronic transmission.

(ii) the party or attorney making the filing may use

(a) a scanned original signature, or

(b) may use a conformed signature. A conformed signature is used

to indicate a real signature in place of an original. For example “/s/

Jane Doe.” Whether a scanned original is used or a conformed

signature is used, the signature line of the filing shall be accompanied

by an attestation that an original signature is on file with the person

who made the filing. The following form would constitute a conformed

signature and an attestation:

/s/ Jane Doe

Jane Doe

Counsel for Petitioner

I hereby attest that I have on file all holographic signatures

corresponding to any signatures indicated by a conformed signature

(/S/) within this electronically filed document.

(c) All notarized documents must be filed as scanned originals.

(iii) comply with the formatting requirements of applicable rules;

(iv) Cannot exceed fifty (50) pages in length unless the filer has given

prior telephonic notification and received permission of the clerk of

court.

(v) Multiple pleadings may be attached to a single email if they do not

exceed fifty (50) pages in total, but each pleading must be a separate

PDF. Pages must be numbered. No email shall contain pleadings for

more than one case, and the case number shall be reflected in the subject

line.

(vi) Clerks will print documents only in black and white.

(vii) Filing by email is certification that the documents are virus free.

Filer will be charged for any cost incurred as a result of a transmitted

virus.

(viii) Email filing must be sent to the designated email address for

that clerk’s office. Clerks may require filers to obtain approval prior to

filing.

r shall be reflected in the subject

line.

(vi) Clerks will print documents only in black and white.

(vii) Filing by email is certification that the documents are virus free.

Filer will be charged for any cost incurred as a result of a transmitted

virus.

(viii) Email filing must be sent to the designated email address for

that clerk’s office. Clerks may require filers to obtain approval prior to

filing.

(ix) Email filings are deemed filed upon receipt by the clerk’s office at

the email address set forth in subsection (viii). Email filings received on

or before 11:59:59 p.m. (Mountain Time) will be file-stamped for that

day. Email filings received on weekends or legal holidays will be

file-stamped on the date the emailed filing is received.

(E) The court may reject any paper filed not in compliance with this

rule.

(4) No documents shall be transmitted to the court by facsimile for filing

without prior telephonic notification to the clerk of court. Only under

emergency circumstances shall documents be filed by facsimile transmission. Any paper filed by facsimile must be followed by an identical signed or

otherwise duly executed original, together with the fee as set forth in the

Rules For Fees and Costs For Circuit Court if filed in Circuit Court, mailed

within 24 hours of the facsimile transmission. The clerk upon receiving the

original or copy shall note its date of actual delivery, and shall replace the

facsimile in the court file. A paper filed by facsimile in compliance with this

rule constitutes a written paper for the purpose of applying these rules. No

document which exceeds ten (10) pages in length may be filed by facsimile.