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Wyoming Answer to a Complaint

Wyoming gives you 20 calendar days to answer a complaint under Wyo. R. Civ. P. 12(a), or 30 days if served outside the state. File on time to avoid default.

Introduction

A Wyoming Answer to a Complaint is the written response you file with the clerk of the District Court after you are served with the summons and complaint. It admits or denies the complaint's allegations, raises the affirmative defenses you intend to rely on, and, if you have a related claim of your own, includes a counterclaim. In a general civil case, Wyo. R. Civ. P. 12(a)(1)(A) gives you 20 days after you are served to file it, 30 days if you were served outside the State of Wyoming, and 30 days after the last day of publication if you were served by publication. What sets a Wyoming answer apart is its form. There is no statewide answer form for a general civil case, so your answer is a typed pleading that follows the caption rules of Wyo. R. Civ. P. 10(a), naming the District Court, the parties, and the docket number from the summons. Family Law uses form CN DNCD 05, the Answer to Complaint for Divorce, and an unlawful detainer case has an optional answer form. Miss the deadline and the clerk must enter your default under Wyo. R. Civ. P. 55(a), after which the court can enter a default judgment. DocDraft drafts a Wyoming-formatted answer from your facts, with attorney review available before you file.

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Key Things to Know

  1. 1

    Your deadline is 20 calendar days, 30 if served out of state. Under Wyo. R. Civ. P. 12(a)(1)(A) you have 20 days after you are served with the summons and complaint to file your answer, 30 days if service is made outside the State of Wyoming, and 30 days after the last day of publication if you were served by publication.

  2. 2

    The days are counted as calendar days. Under Wyo. R. Civ. P. 6(a) you do not count the day you were served, and you count every day after that, including weekends and holidays. If the last day falls on a Saturday, Sunday, or legal holiday, the period runs to the end of the next day that is not one of those.

  3. 3

    There is no statewide general civil answer form. For a general civil case you type the answer as a pleading that follows the caption rules of Wyo. R. Civ. P. 10(a), naming the District Court, the parties, and the docket number. Family Law uses form CN DNCD 05, the Answer to Complaint for Divorce, and an unlawful detainer case has an optional answer form.

  4. 4

    A small claims case needs no written answer. In Small Claims Court in the Circuit Court, Wyo. Small Claims R. 5 requires no answer or responsive pleading. Instead you appear on the date set in the summons, which Wyo. Stat. 1-21-204 fixes at not more than 20 nor less than 12 days from the date you were served. Treating it as a paper deadline can cost you a default.

  5. 5

    An eviction case has no written answer deadline either. In a forcible entry and detainer (eviction) case, Wyo. Stat. 1-21-1004 says you are not required to file a written answer to participate fully in the trial, and the trial is set not less than 3 nor more than 12 days after you are served.

  6. 6

    There is no fee to file an answer, and a waiver exists. There is no state-mandated answer filing fee. If you cannot afford other court costs, you can file the Affidavit of Indigency and Request for Waiver of Filing Fees (Packet 10), based on income below 200% of the Federal Poverty Guidelines or receipt of public benefits.

  7. 7

    A related claim may be compulsory. Under Wyo. R. Civ. P. 13(a) a counterclaim that arises out of the same transaction or occurrence as the plaintiff's claim must be stated in your answer, or you can lose the right to bring it later, and the statute of limitations on a written contract is 10 years under Wyo. Stat. 1-3-105(a)(i).

Key Decisions

Responding to the Allegations

Affirmative Defenses and Counterclaims

Filing and Serving Your Answer

Customize your Answer to a Complaint Template with DocDraft

IN THE DISTRICT COURT OF THE [JUDICIAL DISTRICT] JUDICIAL DISTRICT, [COUNTY] COUNTY, WYOMING

[PLAINTIFF NAME], Plaintiff, v. Civil Action No. [DOCKET NUMBER] [DEFENDANT NAME], Defendant.

DEFENDANT'S ANSWER

Defendant [DEFENDANT NAME], appearing pro se, answers the Complaint of Plaintiff [PLAINTIFF NAME] as follows.

I. RESPONSES TO ALLEGATIONS

  1. Answering paragraph 1 of the Complaint, Defendant [admits / denies / is without knowledge or information sufficient to form a belief about the truth of the allegations and on that basis denies them].
  2. Answering paragraph 2 of the Complaint, Defendant [admits / denies / is without knowledge or information sufficient to form a belief about the truth of the allegations]. [Continue for each numbered paragraph of the Complaint.]

II. AFFIRMATIVE DEFENSES [State each affirmative defense you intend to rely on, for example: the claim is barred by the 10-year statute of limitations on a written contract under Wyo. Stat. 1-3-105(a)(i); payment; release; accord and satisfaction; statute of frauds; estoppel; waiver.]

III. COUNTERCLAIM (if any) [State any claim you have against the Plaintiff. Under Wyo. R. Civ. P. 13(a) a counterclaim arising out of the same transaction or occurrence is compulsory and must be stated in this answer.]

IV. PRAYER FOR RELIEF WHEREFORE, Defendant prays that Plaintiff take nothing by the Complaint, that the Complaint be dismissed, that Defendant recover costs, and that the Court grant all other relief to which Defendant is justly entitled.

Dated: [DATE]

[SIGNATURE] [DEFENDANT NAME], Pro Se [ADDRESS / PHONE / EMAIL]

CERTIFICATE OF SERVICE I certify that on [DATE] a true copy of this Answer was served on [PLAINTIFF / PLAINTIFF'S ATTORNEY] under Wyo. R. Civ. P. 5(b), by [hand delivery / mail / electronic means]. [SIGNATURE]

Wyoming Requirements for Answer to a Complaint

20-Day Answer Deadline

In a general civil case your answer is due 20 days after you are served with the summons and complaint under Wyo. R. Civ. P. 12(a)(1)(A), 30 days if you were served outside the State of Wyoming, and 30 days after the last day of publication if served by publication. Under Wyo. R. Civ. P. 6(a) these are calendar days; you do not count the day of service and count every day after, with the last day extended if it falls on a weekend or legal holiday.

No Statewide Form, Typed Pleading

There is no statewide answer form for a general civil case, so you type the answer as a pleading. A divorce case uses form CN DNCD 05, the Answer to Complaint for Divorce, and an unlawful detainer case has an optional answer form. The answer admits or denies each allegation and states your affirmative defenses.

District Court Caption

Caption the answer for the court named in the summons under Wyo. R. Civ. P. 10(a). General civil cases over $50,000 are heard in the District Court, while the Circuit Court hears civil cases up to $50,000. Include the judicial district, county, the parties' names, the docket number, and the title Defendant's Answer.

File With the Court Clerk

File your answer with the clerk of the court named in the caption of the summons under Wyo. R. Civ. P. 5(d). You may file by mail, in person, or by e-filing if it is available in that court.

Serve a Copy on the Plaintiff

Under Wyo. R. Civ. P. 5(b), serve a copy of your answer on the plaintiff or the plaintiff's attorney by hand delivery, mail, or electronic means, and keep proof of service.

No Answer Fee, Waiver Available

There is no state-mandated fee to file an answer in Wyoming. If you cannot afford other court costs, file the Affidavit of Indigency and Request for Waiver of Filing Fees (Packet 10), based on income below 200% of the Federal Poverty Guidelines or receipt of public benefits.

Affirmative Defenses

State each affirmative defense you intend to rely on, such as statute of limitations, payment, release, accord and satisfaction, statute of frauds, fraud, estoppel, or waiver. The statute of limitations on a written contract is 10 years under Wyo. Stat. 1-3-105(a)(i).

Compulsory Counterclaim If Any

Under Wyo. R. Civ. P. 13(a), a counterclaim that arises out of the same transaction or occurrence as the plaintiff's claim must be stated in your answer, or you can lose the right to bring it later. A claim from a different transaction may be raised as a permissive counterclaim.

Frequently Asked Questions

In a general civil case, Wyo. R. Civ. P. 12(a)(1)(A) gives you 20 days after you are served with the summons and complaint to file your answer, 30 days if you were served outside the State of Wyoming, and 30 days after the last day of publication if you were served by publication. These are calendar days under Wyo. R. Civ. P. 6(a). The rule is different in other courts. A small claims case in Circuit Court requires no written answer, and you appear on the date in the summons, which is 12 to 20 days from service. An eviction case also needs no written answer, and the trial is set 3 to 12 days after service. Missing your deadline can lead to a default judgment.

There is no statewide answer form for a general civil case. You type the answer as a pleading that follows the caption rules of Wyo. R. Civ. P. 10(a), naming the District Court, the parties, and the docket number from the summons. It admits or denies each allegation and states your affirmative defenses. Family Law cases use form CN DNCD 05, the Answer to Complaint for Divorce, and an unlawful detainer case has an optional answer form available from the court.

File your answer with the clerk of the court named in the caption of the summons. General civil cases over $50,000 are heard in the District Court, while the Circuit Court hears civil cases up to $50,000 and small claims cases up to $6,000. You may file by mail, in person, or by e-filing if it is available, under Wyo. R. Civ. P. 5(d). After filing, you also serve a copy on the plaintiff.

There is no state-mandated fee to file an answer in Wyoming. If you cannot afford other court costs, you can file the Affidavit of Indigency and Request for Waiver of Filing Fees, found in Packet 10. Eligibility is based on income below 200% of the Federal Poverty Guidelines or receipt of public benefits, and the affidavit is filed with the same court that is hearing your case.

Under Wyo. R. Civ. P. 55(a), when a defendant has failed to plead or otherwise defend and that failure is shown by affidavit or otherwise, the clerk must enter the defendant's default, which can lead to a default judgment. You may be able to set the judgment aside by filing a Motion to Set Aside Default Judgment under Wyo. R. Civ. P. 60(b), within a reasonable time and not more than one year after the judgment, by showing mistake, inadvertence, surprise, or excusable neglect.

Yes, and you may be required to. Under Wyo. R. Civ. P. 13(a), a counterclaim is compulsory if it arises out of the same transaction or occurrence that is the subject matter of the plaintiff's claim, and it must be stated in your answer or you can lose the right to bring it later. A claim arising from a different transaction may be raised as a permissive counterclaim. The statute of limitations on a written contract is 10 years under Wyo. Stat. 1-3-105(a)(i).