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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

  1. 1

    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.

  2. 2

    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.

  3. 3

    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.

  4. 4

    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.

  5. 5

    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.

  6. 6

    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.

  7. 7

    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.

Open the Motion to Set Aside a Default Judgment guide

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

[PLAINTIFF NAME], Plaintiff,

 vs.

[DEFENDANT NAME], Defendant.

Civil Action No.: [CASE NUMBER]

MOTION TO SET ASIDE DEFAULT JUDGMENT AND SUPPORTING AFFIDAVIT

[Wyo. R. Civ. P. 55(c) and 60(b)]

TO THE COURT AND TO PLAINTIFF:

Defendant [DEFENDANT NAME] respectfully moves this Court to set aside the default judgment entered on [DATE OF JUDGMENT] and to permit Defendant to defend this action on the merits. In support, Defendant states:

  1. GROUND FOR RELIEF. This motion is brought under Wyoming Rule of Civil Procedure 60(b)(1). The default judgment resulted from [describe the mistake, inadvertence, surprise, or excusable neglect that caused the failure to respond]. This conduct qualifies as [mistake / inadvertence / surprise / excusable neglect] within the meaning of Rule 60(b)(1).

  2. MERITORIOUS DEFENSE. As required by Vanasse v. Ramsay, Defendant demonstrates a meritorious defense: [state the specific defense, for example the debt was paid, the amount claimed is incorrect, or Defendant is not the proper party]. If the judgment is set aside, Defendant will raise this defense.

  3. NO PREJUDICE AND NO CULPABLE CONDUCT. Setting aside the judgment will not prejudice Plaintiff because [explain]. Defendant did not engage in culpable conduct because [explain the circumstances].

  4. TIMELINESS. This motion is made within a reasonable time, and no more than one year after entry of the judgment, as required by Wyo. R. Civ. P. 60(c)(1). Defendant learned of the judgment on [DATE] and acted promptly.

  5. [IF APPLICABLE] VOID JUDGMENT. The judgment is void under Wyo. R. Civ. P. 60(b)(4) because Defendant was never properly served and the Court lacked personal jurisdiction. A motion on this ground is not subject to the one-year limit.

AFFIDAVIT IN SUPPORT

STATE OF WYOMING, COUNTY OF [COUNTY]

[AFFIANT NAME], being first duly sworn, states: I am the Defendant in this action. The facts set out above are true and correct to the best of my knowledge. [State the facts of the mistake or excusable neglect, when you learned of the judgment, and the meritorious defense.]

[AFFIANT NAME]

Subscribed and sworn to before me this [DATE].

Notary Public

PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that the Court set aside the default judgment entered on [DATE], permit Defendant to file a responsive pleading, and grant such other relief as the Court deems just.

Dated: [DATE]

[ATTORNEY OR SELF-REPRESENTED PARTY NAME] [Address] [Telephone] Attorney for Defendant / Defendant Pro Se

CERTIFICATE OF SERVICE

I certify that on [DATE] I served a copy of the foregoing motion and affidavit on Plaintiff or Plaintiff's counsel of record by [method of service], in accordance with the Wyoming Rules of Civil Procedure.

[NAME OF PERSON SERVING]

[Check your district court's local rules and the assigned judge's procedures for hearing, format, and electronic filing requirements before filing.]

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.

Frequently Asked Questions

It is a request asking a Wyoming district court to undo a default judgment, which is the judgment entered against a defendant who did not respond to the lawsuit in time. Setting it aside reopens the case so you can defend it. For a final default judgment the basis is Rule of Civil Procedure 60(b), and Wyoming also requires you to demonstrate a meritorious defense, not just name a ground.

An entry of default is the clerk's early record that you did not respond on time; a default judgment is the later judgment that actually decides the case against you. Under Rule 55(c), an entry of default can be set aside for good cause, which is generally an easier standard. Once a final default judgment is entered, you must proceed under Rule 60(b) and meet its stricter requirements.

Under Rule 60(c)(1) a Rule 60(b) 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, not a grace period, and a motion filed inside it can still be denied as not within a reasonable time, so act quickly.

Wyoming applies a two-part test from Vanasse v. Ramsay. You must establish an enumerated Rule 60(b) ground, such as mistake, inadvertence, surprise, or excusable neglect, and you must also demonstrate a meritorious defense. Courts weigh whether the plaintiff will be prejudiced, whether you have a meritorious defense, and whether your own culpable conduct led to the default.

Often yes. If you were never properly served, the court may have lacked personal jurisdiction and the judgment may be void. Rule 60(b)(4) lets the court set aside a void judgment. Because the one-year limit in Rule 60(c)(1) applies only to mistake, newly discovered evidence, and fraud, a void-judgment motion is not capped at one year and need only be made within a reasonable time.

Yes. Under Vanasse v. Ramsay, naming a Rule 60(b) ground is not enough. You must demonstrate a meritorious defense, meaning the real defense you would raise if the case were reopened, for example that the debt was paid, the amount is wrong, or you are not the correct party. The court weighs this defense against any prejudice to the plaintiff and your own culpable conduct.

You file it in the Wyoming district court for the county where the case is pending, under the same case caption. The motion is supported by an affidavit or declaration setting out the Rule 60(b) ground and the meritorious defense. Check your court's local rules and the assigned judge's practices for hearing, format, and any electronic filing requirements before you file.