Savings statute application to governmental claims.

WORKING DRAFT
2012
STATE OF
WYOMING
12LSO-0021

SENATE FILE

NO.
SF0021

Savings statute application to governmental claims.

Sponsored by:
Joint Judiciary Interim Committee

A BILL

for

AN ACT relating to
civil procedure; providing that the
extension of
time to commence

an action
under the savings statute
applies to
actions and claims brought under the Wyoming Governmental Claims Act
;
specifying applicability;
and pro
viding for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S. 1
‑
3
‑
118 is amended to read:

1
‑
3
‑
118.

Right to commence new action.

(a
)

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 plaintiff, or his representatives
if he dies and if the cause of action survives, may commence a new action within one (1) year after the date of the failure or revers
al. This provision
a
pplies to any a
ction or
claim brought pursuant to the
Wyoming
Governmental Claims Act
an
d

also applies
to any claim asserted in any pleading by a defendant.

(b)

For
any
c
laim brought
pursuant
to the Wyoming Governmental Claims Act

this section shall apply only if the act
giving rise to the claim occurred on or after July 1, 2012.

Section 2
.
This act is effective July 1, 2012.

(END)

1
SF0021