Wyoming Motion to Set Aside a Default Judgment
Set aside a Wyoming default judgment under Rule 60(b). File within a reasonable time, and no more than a year for mistake or excusable neglect, plus show a meritorious defense.
Introduction
A motion to set aside a default judgment asks the court to undo a judgment entered against you because you did not respond to the lawsuit in time, so the case can be reopened and decided on the merits. Wyoming splits this into two paths. Under Wyoming Rule of Civil Procedure 55(c), the court may set aside an entry of default (the clerk's early record that you missed your deadline) for good cause. But once a final default judgment has been entered, you must proceed under Rule 60(b), which lets the court relieve you from a final judgment for reasons such as mistake, inadvertence, surprise, or excusable neglect. Wyoming asks for more than a listed ground. Under the two-part test from Vanasse v. Ramsay, you must establish an enumerated Rule 60(b) ground AND demonstrate a meritorious defense (a real defense you would raise if the case reopened). Courts also weigh whether the plaintiff would be prejudiced and whether your own culpable conduct caused the default. Excusable neglect is a demanding standard, closer to a genuine crisis than ordinary oversight. If you were never properly served, the judgment may be void under Rule 60(b)(4), which is not capped at one year. DocDraft drafts a Wyoming motion to set aside a default judgment from your facts, with attorney review available before you file.
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Key Things to Know
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A default judgment is the judgment entered when a defendant does not respond in time. In Wyoming you undo a final default judgment with a motion under Rule of Civil Procedure 60(b), which can reopen the case so it is decided on the merits.
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Wyoming separates the two stages. Under Rule 55(c) the court may set aside an entry of default for good cause; a final default judgment is set aside only under Rule 60(b). Which stage you are at controls the standard you must meet.
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The core Rule 60(b) ground is mistake, inadvertence, surprise, or excusable neglect under Rule 60(b)(1). Excusable neglect is a demanding standard, the kind of behavior expected of a reasonably prudent person facing a genuine crisis, not routine oversight.
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Wyoming applies a two-part test from Vanasse v. Ramsay. It is not enough to name a Rule 60(b) ground. You must also demonstrate a meritorious defense: the actual defense you would raise if the judgment were set aside and the case reopened.
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Courts weigh three factors: whether the plaintiff will be prejudiced, whether you have a meritorious defense, and whether your own culpable conduct led to the default. A strong showing on the defense and low prejudice help your motion.
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The deadline is within a reasonable time, and for mistake, inadvertence, surprise, or excusable neglect no more than one year after entry of the judgment under Rule 60(c)(1). The one year is an outer bound, and a motion inside it can still be denied as untimely.
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If you were never properly served, the judgment may be void under Rule 60(b)(4). A void-judgment motion is not subject to the one-year cap and need only be made within a reasonable time. File the motion in the Wyoming district court where the case is pending.
Key decisions before you file
Before you file a Motion to Set Aside a Default Judgment in Wyoming, a few decisions shape the document: which option to choose and what each one means. The Motion to Set Aside a Default Judgment guide walks through them.
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Wyoming Requirements for Motion to Set Aside a Default Judgment
File within a reasonable time, and within a year for excusable neglect
Under Wyo. R. Civ. P. 60(c)(1) the motion must be made within a reasonable time, and for mistake, inadvertence, surprise, or excusable neglect no more than one year after entry of the judgment. The one year is an outer limit; file as soon as you can.
Know which stage you are at
Under Rule 55(c) an entry of default is set aside for good cause, but a final default judgment is set aside only under Rule 60(b). Confirm whether a judgment has been entered, because it determines the standard and the deadline that apply.
State a Rule 60(b) ground
Identify the Rule 60(b)(1) ground that applies: mistake, inadvertence, surprise, or excusable neglect, and explain the facts. Excusable neglect is a demanding standard, closer to a genuine crisis than routine oversight, so describe the circumstances fully.
Demonstrate a meritorious defense
Under the Vanasse v. Ramsay two-part test, naming a ground is not enough. You must demonstrate a meritorious defense, the actual defense you would raise if the case reopened, such as that the debt was paid or the amount is wrong.
Address prejudice and culpable conduct
Wyoming courts weigh whether the plaintiff will be prejudiced, whether you have a meritorious defense, and whether your own culpable conduct led to the default. Explain why setting aside the judgment will not prejudice the plaintiff and why your conduct was not culpable.
Check whether the judgment is void
If you were never properly served, the judgment may be void under Rule 60(b)(4) for lack of personal jurisdiction. Because the one-year limit applies only to reasons (1), (2), and (3), a void-judgment motion is not capped at one year and need only be made within a reasonable time.
Support the motion with an affidavit
Support the motion with a sworn affidavit or declaration setting out the Rule 60(b) ground, the facts, when you learned of the judgment, and the meritorious defense. Use the case caption exactly as it appears in the court record.
File in the district court and serve the plaintiff
File in the Wyoming district court for the county where the case is pending, serve the motion and affidavit on the plaintiff or plaintiff's counsel, and file a certificate of service. Check your court's local rules and the assigned judge's procedures for hearing and filing requirements.