Rule 5 Serving and Filing Pleadings and Other Papers

(a) Service: When required.

(1) In General. Unless these rules provide otherwise, each of the following papers must be served on every party:

(A) an order stating that service is required;

(B) a pleading filed after the initial pleading, unless the chancery court orders otherwise under Rule 5(c) because there are numerous defendants;

(C) a discovery paper required to be served on a party, unless the chancery court orders otherwise;

(D) a written motion, except one that may be heard ex parte; and

(E) a written notice, appearance, demand, or offer of judgment, or any similar paper.

(2) If a Party Fails to Appear. No service is required on a party who is in default for failing to appear. But a pleading that asserts a new claim for relief against such a party must be served on that party under Rule 4.

(3) Seizing Property. If an action is begun by seizing property and no person is or need be named as a defendant, any service required before the filing of an appearance, answer, or claim must be made on the person who had custody or possession of the property when it was seized.

(b) Service: How made.

(1) Serving an Attorney. If a party is represented by an attorney, service under this rule must be made on the attorney unless the chancery court orders service on the party.

(2) Service in General. Unless otherwise ordered by the chancery court, which will specify the method of service, documents shall be electronically served in accordance with the Wyoming Rules for Electronic Filing and Service. An electronically filed document shall be electronically signed as provided in the Wyoming Rules for Electronic Filing and Service, and such electronic signature shall constitute a signature for purposes of Rule 11.

(c) Filing.

(1) Required Filings; Certificate of Service. Any document after the initial pleading that is required to be served--together with a certificate of service-- must be filed within a reasonable time after service. But disclosures under Rule 26(a)(1) or (2) and the following discovery requests and responses must not be filed until they are used in the proceeding or the chancery court orders filing: depositions, interrogatories, requests for documents or tangible things or to permit entry onto land, and requests for admission. A notice of discovery proceedings may be filed concurrently with service of discovery papers to demonstrate substantial and bona fide action of record to avoid dismissal for lack of prosecution.

(2) How Filing Is Made--In General. A document, including a caseinitiating document, is filed by:

(A) Electronically submitting it to the chancery court using the electronic filing system, and the electronic version shall be the officially filed document in the case. eFiling resources and registration information are available on the Wyoming Judicial Branch website.

(i) Electronic filing must be completed within the time set forth in the Wyoming Rules for Electronic Filing and Service to be considered timely filed on the date it is due.

(ii) If a filed document does not comply with the rules (such as the Wyoming Rules Governing Access to Case Records and the Wyoming Rules for Electronic Filing and Service), the document may be removed from the docket as provided in the Wyoming Rules for Electronic Filing and Service.

(iii) Documents filed by pro se litigants shall comply with the electronic filing requirements.

(iv) Paper filings shall not be accepted absent a prior order of the court. Any request to be excused from the electronic filing requirements must be timely presented and demonstrate exceptional cause for excusal.

(B) Each eFiled document must be formatted in accordance with the Wyoming Rules for Electronic Filing and Service.

(3) Acceptance by the Clerk. The chancery court clerk must not refuse to file a document solely because it is not in the form prescribed by these rules or by a local practice. However, in order to effectuate the expeditious resolution of a majority of the actions filed in chancery court within one hundred fifty (150) days of the issuance of the scheduling order, the chancery court clerk shall be active in the management of the docketed cases.

(d) Filing with the court defined. Not Applicable.