Small claims procedures.

Plain English Breakdown

The official source material did not provide information on whether judges must inform plaintiffs about the appearance date and required evidence.

Small Claims Court Rules

This law changes how small claims cases can be filed and served, allowing them to happen where part of the case happened or anywhere in the state for service.

What This Bill Does

• Expands where a person can file a small claims case to include any county where some part of the claim occurred.
• Allows serving legal papers on someone at any location within Wyoming instead of just their home county.
• Changes the time between when someone is served and when they must appear in court from 3-12 days to 12-20 days.

Who It Names or Affects

• People who file or are defendants in small claims cases.
• Courts and legal professionals handling these cases.

Terms To Know

Venue

The place where a case can be heard, like a specific county or court.

Service of Summons

Delivering legal papers to someone telling them about the case against them.

Limits and Unknowns

• This law only applies to small claims cases started on or after July 1, 2021.
• It does not change other parts of Wyoming's laws that are not related to small claims procedures.

Official Summary Text

Bill Summary - 21LSO-0540
Bill No.:

SF0110

Effective:

7/1/2021 12:00:00 AM

LSO No.:

21LSO-0540

Enrolled Act No.:

SEA No. 0030

Chapter No.:

67

Prime Sponsor:

Nethercott

Catch Title:

Small claims procedures.

Subject:

Procedures for small claims court.

Summary/Major Elements:

This act amends procedures for small claims actions in Wyoming courts.

Current law allows small claims actions to be brought in the county in which the defendant has an address. The act expands permissible venues for small claims actions to any county where the cause of action or some part thereof arose. The act also authorizes service of a summons on a defendant anywhere in the state.

Additionally, current law requires the date of appearance of the defendant to be set three (3) to twelve (12) days after the date of service of the summons. This act amends that requirement so that the date of appearance is to be set twelve (12) to twenty (20) days after the date of service of the summons.

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

21LSO-0540

ORIGINAL Senate

File No
.
SF0110

ENROLLED ACT NO. 30,

SENATE

SIXTY-SIXTH LEGISLATURE OF THE STATE OF WYOMING
2021 General Session

AN ACT relating to small claims procedures; amending procedures governing service of summons; authorizing actions to be brought in the county where the cause of action or some part thereof arose; specifying applicability; and providing for an effective date.

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

Section 1
.

W.S. 1
‑
5
‑
104 by creating a new subsection (b), 1
‑
21
‑
203 and 1
‑
21
‑
204 are amended to read:

1
‑
5
‑
104.

Actions to be brought where cause of action arose.

(b)

Actions for small claims proceedings under W.S. 1
‑
21
‑
201 through 1
‑
21
‑
205 may be brought in the county where the cause of action or some part thereof arose.

1
‑
21
‑
203.

Affidavit of claim; service of summons; venue jurisdiction.

(a)

The claimant shall prepare the affidavit as set forth. When the affidavit is executed by the claimant the court shall file the same and have summons served on the defendant
at any location in the county
in the manner provided by law or, if the defendant resides in the
county
state
, service may be made by the court by certified mail addressed to the defendant at his address within the
county
state
with return receipt requested. Upon receipt by the circuit judge of the return receipt signed by the defendant or his agent, service is complete.

(b)

Venue provisions in W.S.
1
‑
5
‑
104(b) and

1
‑
5
‑
105 through 1
‑
5
‑
109 apply to actions commenced under this article.

1
‑
21
‑
204.

Time for appearance.

The date of appearance of the defendant as provided in the summons shall be not more than
twelve (12)
twenty (20)
days nor less than
three (3)
twelve (12)
days from the date of service of the summons. When the circuit judge has fixed the date for the appearance of the defendant he shall inform the plaintiff of the date and at the same time order the plaintiff to appear with such books, papers and witnesses as necessary to prove his claim.

Section 2
.

This act shall only apply to small claims actions initially brought on or after the effective date of this act.

Section 3.

This act is effective July 1, 2021
.

(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