Wyoming Motion for Summary Judgment
Wyoming requires only 14 calendar days' notice before a summary judgment hearing, and the response is due the earlier of 3 calendar days before the hearing or 20 calendar days after service, a gap that can shrink to as little as 11 calendar days (before the 3 days Rule 6(d) adds when service is by mail or by delivery to the clerk for service), under Rule 56 as rewritten effective March 1, 2017.
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Introduction
In Wyoming, a motion for summary judgment must be served at least 14 calendar days before the hearing on the motion, the same notice period that governs all motions under Wyoming Rule of Civil Procedure 6(c)(1), because Rule 56 itself sets no summary-judgment-specific notice period (Wyo. R. Civ. P. 6(c)(1)). A hearing is not required: the court may decide the motion without one, and a hearing occurs only if a party requests one within 20 calendar days after service of the motion (Wyo. R. Civ. P. 6(c)(4)). The party affected by the motion, the respondent, may serve a response, together with any affidavits, at least 3 calendar days before the hearing or within 20 calendar days after service of the motion, whichever is earlier (Wyo. R. Civ. P. 6(c)(2)). Because a hearing can lawfully be set on as little as 14 days' notice, that earlier-of test can cap the response at as few as 11 calendar days after service, well short of the 20 days the rule appears to allow on a first read. Rule 6(d) adds 3 days when service is by mail or by delivery to the clerk for service (Wyo. R. Civ. P. 6(d)). The moving party may then serve a reply at least 1 calendar day before the hearing or within 15 calendar days after service of the response, whichever is earlier (Wyo. R. Civ. P. 6(c)(3)). All of these periods are calendar days computed under Rule 6(a): every day in the period counts, including weekends and holidays, except that if the last day of the period falls on a Saturday, Sunday, or legal holiday, the period runs to the next day that is not one of those. Wyoming sets no statutory cutoff for when a summary judgment motion must be filed before trial; a party may file one at any time unless the court has set a different deadline, typically through a scheduling order (Wyo. R. Civ. P. 56(b)). The standard: the court shall grant summary judgment if the movant shows there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law, the current genuine-dispute wording adopted when Wyoming rewrote its civil rules to track the post-2010 Federal Rules of Civil Procedure, added February 2, 2017 and effective March 1, 2017 (Wyo. R. Civ. P. 56(a)). The August 2024 compiled rules show no later amendment note under Rule 56, Rule 56.1, or Rule 6. Beyond the motion itself, the movant must file a Rule 56.1(a) statement, a separate, short and concise statement of the material facts the movant contends are undisputed, with pinpoint citations to the record, along with supporting materials such as depositions, documents, electronically stored information, affidavits or declarations, stipulations, admissions, or interrogatory answers, and any affidavit or declaration must be made on personal knowledge, set out admissible facts, and show the affiant is competent to testify (Wyo. R. Civ. P. 56.1(a); 56(c)(1), (c)(4)). A response must include a Rule 56.1(b) counter-statement identifying the material facts the respondent contends are genuinely in dispute, also with pinpoint citations. Wyoming sets no statewide page limit for summary judgment briefs; the Uniform Rules for District Courts, Rule 403 sets only formatting requirements such as paper size, type size, and spacing. Wyoming has no separately labeled summary adjudication track and no Texas-style no-evidence motion; partial summary judgment is built directly into Rule 56(a), which lets a party move on the part of a claim or defense. Summary judgment is technical and is often lost on procedure rather than the merits, and an unopposed motion is not automatically granted; Rule 56.1 states no automatic consequence for omitting the statement of facts, but the court must still find no genuine dispute of material fact and that the movant is entitled to judgment as a matter of law. Attorney review is available before filing or responding. This page covers a civil motion for summary judgment in a Wyoming state district court under Rule 56. It does not cover a motion to dismiss or a motion to set aside a default judgment, covered on DocDraft's separate pages for those topics, and a federal civil case follows Federal Rule of Civil Procedure 56 rather than this state rule, which is outside the scope of this page.
Key Things to Know
- 1
Notice of the hearing must be served at least 14 calendar days before the hearing (Wyo. R. Civ. P. 6(c)(1)). The response is due the earlier of 3 calendar days before the hearing or 20 calendar days after service, and the reply is due the earlier of 1 calendar day before the hearing or 15 calendar days after service of the response (Wyo. R. Civ. P. 6(c)(2)-(3)).
- 2
If you were served with a Wyoming motion for summary judgment, do not assume you have the full 20 days: because a hearing can be set on as little as 14 days' notice, the earlier-of test in Rule 6(c)(2) can cap your response at as few as 11 calendar days after service (plus 3 days under Rule 6(d) if you were served by mail or by delivery to the clerk), and your response must include a Rule 56.1(b) counter-statement with pinpoint record citations.
- 3
An unopposed Wyoming motion for summary judgment is not automatically granted. Rule 56.1 states no automatic consequence for a missing statement of facts, but the court must still find there is no genuine dispute as to any material fact and that the movant is entitled to judgment as a matter of law before ruling (Wyo. R. Civ. P. 56(a)).
- 4
Wyoming's Rule 56 uses the current genuine-dispute standard adopted when the state rewrote its civil rules to track the post-2010 Federal Rules of Civil Procedure, added February 2, 2017 and effective March 1, 2017. The August 2024 compiled rules show no later amendment note under Rule 56, Rule 56.1, or Rule 6 (Wyo. R. Civ. P. 56(a)).
- 5
The movant must file a Rule 56.1(a) statement of material facts, separate, short, and concise, with pinpoint citations to the record, plus supporting materials such as depositions, documents, electronically stored information, affidavits or declarations, stipulations, admissions, or interrogatory answers (Wyo. R. Civ. P. 56.1(a); 56(c)(1)).
- 6
There is no statutory cutoff for when a summary judgment motion must be filed before trial in Wyoming; a party may file one at any time unless the court has set a different deadline, typically through a scheduling order (Wyo. R. Civ. P. 56(b)). There is also no statewide page limit, only formatting rules under the Uniform Rules for District Courts, Rule 403.
- 7
Wyoming has no separately labeled summary adjudication track and no Texas-style no-evidence motion; partial summary judgment on part of a claim or defense is available directly under Rule 56(a). This page does not cover a motion to dismiss, a motion to set aside a default judgment, or a federal court motion, which follows a different rule.
Key decisions before you file
Before you file a Motion for Summary Judgment in Wyoming, a few decisions shape the document: which option to choose and what each one means. The Motion for Summary Judgment guide walks through them.
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Wyoming Requirements for Motion for Summary Judgment
14-Day Notice Before the Hearing
A motion for summary judgment must be served at least 14 calendar days before the hearing on the motion, the general motion-notice period borrowed by Rule 56 (Wyo. R. Civ. P. 6(c)(1)).
Response Deadline: Earlier of 3 Days Before Hearing or 20 Days After Service
A response, with any affidavits, must be served at least 3 calendar days before the hearing or within 20 calendar days after service of the motion, whichever is earlier, which can cap the actual window at as few as 11 calendar days when a hearing is set on minimum notice, plus 3 days under Rule 6(d) for service by mail or by delivery to the clerk (Wyo. R. Civ. P. 6(c)(2), 6(d)).
Reply Deadline: Earlier of 1 Day Before Hearing or 15 Days After Response
The movant may serve a reply at least 1 calendar day before the hearing or within 15 calendar days after service of the response, whichever is earlier (Wyo. R. Civ. P. 6(c)(3)).
Hearing Held Only if Requested
The court may decide the motion without a hearing; a hearing occurs only if a party requests one within 20 calendar days after service of the motion (Wyo. R. Civ. P. 6(c)(4)).
No Statutory Filing Cutoff Before Trial
Wyoming sets no statewide deadline for when a summary judgment motion must be filed before trial; a party may file one at any time unless the court has set a different time, typically through a scheduling order (Wyo. R. Civ. P. 56(b)).
Rule 56.1(a) Statement of Material Facts With Pinpoint Citations
The movant must file a separate, short and concise statement of the material facts it contends are undisputed, with pinpoint citations to the specific portions of the record relied upon (Wyo. R. Civ. P. 56.1(a), (c)).
Rule 56.1(b) Counter-Statement Required From the Respondent
The party opposing the motion must file a counter-statement identifying the material facts it contends are genuinely in dispute, with pinpoint citations to the record (Wyo. R. Civ. P. 56.1(b)).
No Statewide Page Limit, Formatting Only
No statewide page-count limit applies to summary judgment briefs; the Uniform Rules for District Courts, Rule 403 sets only formatting requirements such as paper size, type size, and spacing.
Partial Summary Judgment Built Into Rule 56(a)
Wyoming has no separately labeled summary adjudication track and no Texas-style no-evidence motion; a party may move for summary judgment on the part of a claim or defense directly under Rule 56(a).