Business entities-representation in detainer cases.

Plain English Breakdown

The official source material did not provide information on the effectiveness or fairness of self-representation, leaving this as an open question.

Business Entities Can Represent Themselves in Certain Court Cases

This law allows businesses to represent themselves in court cases about forcible entry and detainer without needing a lawyer, as long as certain conditions are met.

What This Bill Does

• Allows business entities to represent themselves in court cases related to forcible entry and detainer actions.
• Requires the business entity to be represented by an owner, shareholder, member or partner who signs a notice to the court and all parties involved.
• Specifies that if a lawyer later represents the business, the other side can ask for more time to find their own lawyer.
• Ensures that representing a business in these cases does not count as practicing law without a license, provided certain rules are followed.

Who It Names or Affects

• Business entities involved in forcible entry and detainer actions
• Courts handling these types of cases

Terms To Know

pro se

representing oneself in court without a lawyer

unauthorized practice of law

practicing law without having the proper license or certification

Limits and Unknowns

• This act does not apply to cases where the business is seeking judgments over a specific amount.

Official Summary Text

Bill Summary - 21LSO-0385
Bill No.:

SF0141

Effective:

7/1/2021 12:00:00 AM

LSO No.:

21LSO-0385

Enrolled Act No.:

SEA No. 0071

Chapter No.:

143

Prime Sponsor:

Perkins

Catch Title:

Business entities-representation in detainer cases.

Subject:

Authorizing businesses to represent themselves in forcible-entry and detainer cases.

Summary/Major Elements:

Generally, a business must be represented by legal counsel in judicial proceedings and cannot represent itself
pro se
like an individual person can.

This act authorizes a business entity to represent itself without an attorney in any forcible-entry or detainer case that the business entity initiates or responds to, subject to conditions.

To qualify for self-representation, a business entity can only be represented by an owner, shareholder, member or partner; the business entity must own a majority interest in the lands or tenement subject to the action; and the business entity must provide notice in writing to the court and all parties that it is being represented by an owner, shareholder, member or partner.

If a business entity is later represented by an attorney, the opposing party is entitled to a continuance to seek its own attorney.

The act specifies that an owner, shareholder,
member
or partner representing a business entity is not engaged in the unauthorized practice of law.

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-0385

ORIGINAL Senate

ENGROSSED
File No
.
SF0141

ENROLLED ACT NO. 71,

SENATE

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

AN ACT relating to civil procedure; authorizing business entities to represent themselves in forcible entry and detainer actions; specifying requirements and exceptions; specifying applicability; and providing for an effective date.

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

Section 1
.

W.S. 1
‑
21
‑
1017 is created to read:

1
‑
21
‑
1017.

Corporate and business representation in proceedings.

(a)

Notwithstanding any other provision of law and subject to subsection (c) of this section, a business entity may represent itself without an attorney in any proceedings under this article that the business entity commences or is required to respond to or participate in, provided that:

(i)

The business entity is represented by an owner, shareholder, member or partner;

(ii)

The business entity owns a majority interest in the
lands
or tenements subject to the alleged unlawful and forcible entry;

(iii)

The person representing the business entity may litigate actions on behalf of the business entity without an attorney, provided that if an attorney appears on behalf of the business entity, the opposing party is entitled to a continuance for the purpose of obtaining an attorney of its own; and

(iv)

The business entity provides notice in writing to the court and all parties to the proceedings that it is being represented by an owner, shareholder, member or partner.
The notice shall be signed by every owner, shareholder, member or partner of the business entity.

(b)

Notwithstanding any other provision of law or rule, any person who represents a business entity in an action or proceeding under this article in accordance with the provisions of this section shall not be deemed to have engaged in the unauthorized practice of law, provided that the person complies with the provisions of W.S. 33
‑
5
‑
117.

(c)

The provisions of this section shall not apply to any business entity that is seeking a judgment exceeding the amount specified in W.S. 1
‑
21
‑
201 in any action under this article.

Section 2
.

The provisions of this act shall apply to all actions and proceedings commenced under W.S. 1
‑
21
‑
1001 through 1
‑
21
‑
1017 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