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SF0073 • 2015

Forcible entry and detainer amendments.

AN ACT relating to forcible entry and detainer actions; amending forcible entry and detainer statutes to allow a defendant to participate in an action whether or not the defendant has filed an answer to a complaint as specified; and providing for an effective date.

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Senator Ross
Last action
2015-03-04
Official status
enrolled
Effective date
7/1/2015

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Bill History

  1. 2015-03-04 LSO

    Assigned Chapter Number

  2. 2015-03-04 Governor

    Governor Signed SEA No. 0038

  3. 2015-02-27 House

    H Speaker Signed SEA No. 0038

  4. 2015-02-27 Senate

    S President Signed SEA No. 0038

  5. 2015-02-27 LSO

    Assigned Number SEA No. 0038

  6. 2015-02-26 House

    H 3rd Reading:Passed 58-0-2-0-0

  7. 2015-02-25 House

    H 2nd Reading:Passed

  8. 2015-02-24 House

    H COW:Passed

  9. 2015-02-19 House

    H Placed on General File

  10. 2015-02-19 House

    Judiciary:Recommend Do Pass 8-1-0-0-0

  11. 2015-02-11 House

    H Introduced and Referred to H01 - Judiciary

  12. 2015-01-30 House

    H Received for Introduction

  13. 2015-01-30 Senate

    S 3rd Reading:Passed 30-0-0-0-0

  14. 2015-01-29 Senate

    S 2nd Reading:Passed

  15. 2015-01-28 Senate

    S COW:Passed

  16. 2015-01-28 Senate

    S Placed on General File

  17. 2015-01-28 Senate

    Judiciary:Recommend Do Pass 5-0-0-0-0

  18. 2015-01-15 Senate

    S Introduced and Referred to S01 - Judiciary

  19. 2015-01-14 Senate

    S Received for Introduction

  20. 2015-01-14 LSO

    Bill Number Assigned

Official Summary Text

Summary for LSO115
Bill No.:
SF0073
Effective
:
7/1/2015

LSO No.:
15LSO-0342

Enrolled Act No.:
SEA 38

Chapter No.:
111

Prime Sponsor:
Ross

Catch Title:
Forcible entry and detainer amendments.

Subject:
Amends forcible entry and detainer procedures to allow a defendant to present a defense without filing an answer to the complaint.

Summary/Major Elements:

Under current law, a defendant in a forcible entry and detainer action may only present a full defense if he has f
iled an answer to the plaintiff’
s complaint.

If no answer is filed by the defendant, he is only all
owed to cross-examine plaintiff’
s witnesses.

This bill:

Eliminates the requirement that a defendant m
ust file an answer to plaintiff’
s complaint to be allowed to present a full defense, including introduction of evidence and cro
ss examination of the plaintiff’
s witnesses;

Allows each party in a forcible entry and detainer action to amend any complaint or answer the party files in that action.

The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent. While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.

Current Bill Text

Read the full stored bill text 
ORIGINAL
Senate
File No
.
SF0073

ENROLLED ACT NO. 38,

SENATE

SIXTY-THIRD LEGISLATURE OF THE STATE OF WYOMING
2015 General Session

AN ACT relating to forcible entry and detainer actions; amending forcible entry and detainer statutes to allow a defendant to participate in an action whether or not the defendant has filed an answer to a complaint as specified; and providing for an effective date.

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

Section 1
.

W.S. 1
‑
21
‑
1004 and 1
‑
21
‑
1006 are amended to read:

1
‑
21
‑
1004
.

Summons; service and return.

The summons shall state the cause of the complaint against the defendant, the time and place of trial and shall be served and returned as in other cases. Such service shall be not less than three (3) nor more than twelve (12) days before the day of trial set by the judge.

The defendant shall not be required to file a written answer to the complaint
as a condition of being allowed
to participate
fully
in the trial.

1
‑
21
‑
1006
.

Proceedings when defendant appears.

If the defendant appears, a like complaint shall be admitted or denied in the answer of the defendant.
Both parties
The
defendant may, but is not required to, file a written answer to the plaintiff's complaint.

Each party

may be allowed to amend
.

If no answer is made by the defendant, he may not offer evidence upon his part, but shall only be allowed to cross
‑
examine the plaintiff's witnesses

any complaint or answer the
party files
.

Section 2
.

This act is effective July 1, 2015.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED:
_________

DATE APPROVED: _________

I hereby certify that this act originated in the
Senate
.

Chief Clerk

1