Wyoming Motion to Vacate a Judgment

Introduction

Key Things to Know

1. 1

   Wyoming has two routes. W.R.C.P. 60(b) lists six reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b); (3) fraud, misrepresentation, or misconduct by an opposing party; (4) a void judgment; (5) the judgment has been satisfied, released, or discharged, it is based on an earlier judgment that has been reversed or vacated, or applying it prospectively is no longer equitable; and (6) any other reason that justifies relief. Rule 60(d)(2) says the rule does not limit a court's power to grant relief as provided by statute, and Wyo. Stat. 1-16-401(a) lists the causes for which a district court may vacate or modify its own judgment or order after the term at which it was made.

2. 2

   The statutory causes in 1-16-401(a) are: (i) a new trial when the grounds for a new trial could not with reasonable diligence have been discovered before, but are discovered after the original motion for a new trial has been passed upon; (ii) a new trial against defendants constructively summoned; (iii) mistake, neglect or omission of the clerk or irregularity in obtaining a judgment or order; (iv) fraud practiced by the successful party in obtaining a judgment or order; (v) erroneous proceedings against a minor or person of unsound mind, when the condition of the defendant does not appear in the record nor the error in the proceedings; (vi) death of the parties before judgment; (vii) unavoidable casualty or misfortune preventing the party from prosecuting or defending; (viii) errors in a judgment shown by a minor within 12 months after arriving at the age of majority; (ix) taking judgments upon warrants of attorney for more than was due the plaintiff, when the defendant was not summoned or otherwise legally notified of the time and place of taking the judgment; and (x) a judgment obtained in whole or in a material part by false testimony on the part of the successful party or any witness in his behalf which ordinary prudence could not have anticipated or guarded against, where the guilty party has been convicted.

3. 3

   A Rule 60(b) motion must be made within a reasonable time, and for reasons (1) mistake, inadvertence, surprise, or excusable neglect, (2) newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b), and (3) fraud, misrepresentation, or misconduct by an opposing party no more than a year after the entry of the judgment or order or the date of the proceeding. The one-year cap is tied to those three reasons, so a void-judgment motion under (4) is measured by the reasonable-time standard.

4. 4

   Under Wyo. Stat. 1-16-408, proceedings for causes (iv), (v) and (vii) must be commenced within two years after the judgment was rendered, or for a minor or person of unsound mind within two years after the disability is removed. Causes (iii) and (vi) must be commenced within three years, and cause (ix) within two years, after the defendant has notice of the judgment. Cause (x) may be brought after the guilty party is convicted, if the conviction is within two years from the judgment.

5. 5

   Under Wyo. Stat. 1-16-402, a party against whom a judgment was rendered without service other than by publication in a newspaper may have it opened and be allowed to defend within six months after the date of the judgment. The applicant must give notice to the adverse party, file a full answer to the petition, and pay all costs if the court requires them; the applicant must also make it appear to the satisfaction of the court that during the pendency of the action he had no actual notice of it in time to appear in court and make his defense. On the statutory route, 1-16-405 says a judgment shall not be vacated until it is decided that there is a valid defense to the action or, if the plaintiff seeks its vacation, a valid cause of action.

6. 6

   Filing does not by itself stop enforcement. Rule 60(c)(2) says the motion does not affect the judgment's finality or suspend its operation. Under Rule 62(b)(4), the court may stay execution pending a Rule 60 motion on appropriate terms for the opposing party's security, and under 1-16-406 the movant may obtain an injunction suspending proceedings when relief appears probable by affidavit or by exhibition of the record.

7. 7

   Rule 60(d)(1) preserves an independent action, and Rule 60(e) abolishes bills of review and writs of coram nobis, coram vobis and audita querela. Rule 55(c) says a final default judgment may be set aside under Rule 60(b); for a default judgment, also see /legal-document/set-aside-default/wyoming. For a small claims or eviction judgment, ask that court's clerk which rule and deadline apply.

Wyoming Requirements for Motion to Vacate

• Rule 60(b) Reasons

  W.R.C.P. 60(b)(1)-(6): mistake, inadvertence, surprise, or excusable neglect; newly discovered evidence not discoverable with reasonable diligence in time for a Rule 59(b) new-trial motion; fraud or misconduct; a void judgment; satisfied, reversed or no longer equitable; or any other reason that justifies relief.

• Rule 60 Time Limit

  W.R.C.P. 60(c)(1): within a reasonable time, and for reasons (1) mistake or excusable neglect, (2) newly discovered evidence not discoverable with reasonable diligence in time for a Rule 59(b) new-trial motion and (3) fraud or misconduct no more than a year after entry of the judgment or order or the date of the proceeding.

• Statutory Causes and Limits

  Wyo. Stat. 1-16-401(a), 1-16-408: causes (iv), (v), (vii) within two years after judgment (two years after a disability is removed); (iii) and (vi) within three years, and (ix) within two years, after notice of the judgment; (x) if the conviction is within two years of judgment.

• Publication Service

  Wyo. Stat. 1-16-402: a judgment rendered on publication service only may be opened within six months after its date, on notice to the adverse party, a full answer, payment of costs if the court requires, and a showing of no actual notice of the action in time to appear and defend.

• Valid Defense

  Wyo. Stat. 1-16-405: a judgment is not vacated until it is decided that there is a valid defense or, where the plaintiff seeks vacation, a valid cause of action.

• No Automatic Stay

  W.R.C.P. 60(c)(2): the motion does not affect finality or suspend operation. Rule 62(b)(4) allows a stay pending a Rule 60 motion on terms for the opposing party's security; 1-16-406 allows an injunction suspending proceedings.

• Ground and Timeliness Statement

  Name the Rule 60(b) reason or 1-16-401(a) cause relied on, the facts supporting it, the date of judgment and of notice, and why the motion meets that ground's limit.