Wyoming Motion for Continuance
District courts require good cause shown in writing; agreement of counsel alone won't move a date.
Find out where you stand in Wyoming
DocDraft provides document preparation, not legal advice.
Introduction
Wyoming district courts grant continuances only for good cause shown in writing (URDC 201; W.S. 1-9-102), and not on counsel's stipulation alone. Motions are generally served at least 14 days before the hearing (W.R.C.P. 6(c)(1)).
Key Things to Know
- 1
Until the court grants your motion, the hearing or trial date stands, so attend. Filing a motion, or the other side's agreement, does not move the date.
- 2
Wyoming calls this a continuance; W.S. 1-9-101 also speaks of postponing a trial. The district court rule is Rule 201 of the Uniform Rules for District Courts (URDC).
- 3
The standard: URDC 201 says continuances will be granted only for good cause shown in writing, and W.S. 1-9-102 lets a court continue any action for good cause at the applicant's cost. No ground guarantees a grant.
- 4
Two grounds are spelled out in W.S. 1-9-101: lack of evidence and an absent witness. Each has listed facts to show, such as materiality, due diligence, and the witness's residence.
- 5
A motion to postpone for lack of evidence or an absent witness must be supported by affidavit (W.S. 1-9-101). In district court, other grounds need good cause shown in writing under URDC 201.
- 6
Motions are generally served at least 14 days before the hearing, with exceptions such as motions for enlargement of time and motions that may be heard ex parte (W.R.C.P. 6(c)(1)). Responses are due at least 3 days before the hearing or within 20 days after service, whichever is earlier.
- 7
In an eviction (forcible entry and detainer) case, a defendant gets no continuance longer than 2 days without a bond for accruing rent and costs (W.S. 1-21-1007). This page does not state family or small claims continuance rules; ask that court's clerk.
Key decisions before you file
Before you file a Motion for Continuance in Wyoming, a few decisions shape the document: which option to choose and what each one means. The Motion for Continuance guide walks through them.
Open the Motion for Continuance guideCustomize your Motion for Continuance Template with DocDraft
Wyoming Requirements for Motion for Continuance
Good Cause Shown in Writing
District court continuances are granted only for good cause shown in writing (Uniform Rules for District Courts, Rule 201).
Continuance at Applicant's Cost
A court, for good cause shown, may continue any action at any stage at the cost of the applicant, paid as the court directs (W.S. 1-9-102).
No Continuance on Stipulation Alone
In district court, cases will not be continued upon stipulation of counsel; good cause must still be shown in writing (URDC 201).
Affidavit for Lack of Evidence
A motion to postpone for lack of evidence must be supported by affidavit showing materiality, due diligence, and where the evidence may be found (W.S. 1-9-101).
Absent Witness Showing
W.S. 1-9-101 lists the facts for an absent witness ground: residence, probability of procuring testimony in a reasonable time, absence not procured by the party, facts expected to be proved, and no other witness as readily procured.
Consent Defeats Postponement
If the adverse party consents that the affidavit facts be taken as true at trial, the trial is not postponed for that cause (W.S. 1-9-101(c)).
14-Day Service of Motions
Motions are generally served at least 14 days before the hearing, with exceptions including motions for enlargement of time and motions that may be heard ex parte (W.R.C.P. 6(c)(1)).
Eviction 2-Day Continuance Limit
No continuance longer than 2 days for a forcible entry and detainer defendant without a bond for accruing rent and costs (W.S. 1-21-1007).
Protection Order Response Form
The Wyoming courts publish form PO GEN 19, a response to a motion for continuance, for protection order matters.