Rule 3 Commencement of Action
II. Commencement of Action; Service of Process: Pleadings, Motions, and Orders
Rule Text
A civil action is commenced by filing a complaint with the court, except when an action has been dismissed pursuant to Rule 4(w). When an action has been dismissed pursuant to Rule 4(w) and a new action is filed, it is commenced by filing a complaint with the court if service is obtained within 90 days of the applicable statute of limitations.
Amendment history: Added February 2, 2017, effective March 1, 2017; amended March 15, 2022, effective June 1, 2022.
Plain-English Summary (for reference only — not a substitute for the rule text above)
Summary not yet available for this rule.
Committee Notes
One purpose of amending the Wyoming Rules of Civil Procedure is to promote uniformity between the Federal Rules of Civil Procedure and the State Rules of Civil Procedure. However, Wyoming law has a savings statute. Wyo.Stat.Ann. § 1-3-118. Therefore, Rule 3 has been amended to account for Wyoming’s Savings Statute and Wyoming Supreme Court interpretations of that statute as it relates to commencement of an action and the applicable statutes of limitations. See Hoke v. Motel 6 Jackson, 2006 WY 38, ¶ 16, 131 P.3d 369, 378 (Wyo. 2006). It is the intent that Rule 3 applies the same as its Federal counterpart. If a matter is dismissed pursuant to Rule 4(w), a plaintiff would still have the remainder of the statute of limitations (plus 90 days) to get the matter served. Subject matter jurisdiction generally. — Because the district court’s subject matter jurisdiction was established upon the filing of the action, a failure to issue a summons did not implicate it. Hopeful v. Etchepare, L.L.C., 2023 WY 33, 2023 WY 33A, 528 P.3d 414, 2023 Wyo. LEXIS 41 (Wyo. 2023). Subject matter jurisdiction conferred. — In a declaratory judgment action where all parties were served by publication and no summons were issued, the district court acquired subject matter jurisdiction on the filing of the complaint under Wyo. R. Civ. P. 3. The district court correctly determined that a summons was not required as to those defendants who were properly subject to service by publication; however, service by publication did not confer personal jurisdiction over the defendants with a known address under Wyo. R. Civ. P. 4. Hopeful v. Etchepare, L.L.C., 2023 WY 33, 2023 Wyo. LEXIS 33 (Wyo.), sub. op., modified, 2023 WY 33, 528 P.3d 414, 2023 Wyo. LEXIS 41 (Wyo. 2023). Federal law. — There was no direct conflict between state and federal procedural rules regarding commencement of actions, and therefore state rule applied in diversity action brought in federal district court. Habermehl v. Potter, 153 F.3d 1137, 1998 U.S. App. LEXIS 20746 (10th Cir. Wyo. 1998). Defect in proceedings caused by absence of notice is cured by voluntary appearance and the subsequent proceedings of the court. In re Estate & Guardianship of Sowerwine, 413 P.2d 48, 1966 Wyo. LEXIS 141 (Wyo. 1966). Untimely service. — Since plaintiffs failed to serve their complaint within sixty days of filing it, their diversity action was deemed to have commenced on date of service, which was 106 days beyond statute of limitations period, and their action was therefore barred. Habermehl v. Potter, 153 F.3d 1137, 1998 U.S. App. LEXIS 20746 (10th Cir. Wyo. 1998). Where a corporation was served approximately 114 days after the complaint was filed, under Wyo. R. Civ. P. 3(b), the service was not timely, and the saving statute, Wyo. Stat. Ann. § 1-3-118 did not apply because the complaint was filed after the 4-year Wyo. Stat. Ann. § 1- 3-105 statute of limitations had run. Furthermore, Wyo. R. Civ. P. 6(a) does not enlarge the time provided in a statute of limitations. Hoke v. Motel 6 Jackson & Accor N. Am., Inc., 2006 WY 38, 131 P.3d 369, 2006 Wyo. LEXIS 41 (Wyo. 2006). Failure to timely serve. — Where a corporation was served approximately 114 days after the complaint was filed, under Wyo. R. Civ. P. 3(b), the service was not timely, and the saving statute, Wyo. Stat. Ann. § 1-3-118 did not apply because the complaint was filed after the 4-year Wyo. Stat. Ann. § 1-3-105 statute of limitations had run. Furthermore, Wyo. R. Civ. P. 6(a) does not enlarge the time provided in a statute of limitations. Hoke v. Motel 6 Jackson & Accor N. Am., Inc., 2006 WY 38, 131 P.3d 369, 2006 Wyo. LEXIS 41 (Wyo. 2006). Two and one-half years is not as matter of law reasonable time to obtain service and commence action, particularly where no excuse whatsoever is offered. Quin Blair Enters. v. Julien Constr. Co., 597 P.2d 945, 1979 Wyo. LEXIS 430 (Wyo. 1979). Rule 41(b)(1) protects against dilatory plaintiffs. — Subdivision (a) is in the form it is, without a requirement of service of process as part of the commencement of a lawsuit, because it was felt that adequate protection against dilatory plaintiffs was afforded by Rule 41(b)(1), by dismissal for want of prosecution. Quin Blair Enters. v. Julien Constr. Co., 597 P.2d 945, 1979 Wyo. LEXIS 430 (Wyo. 1979). Contract terms may limit action. — Subdivision (b) is inapplicable where an action is limited by terms of a contract and there is no statute of limitations involved. Quin Blair Enters. v. Julien Constr. Co., 597 P.2d 945, 1979 Wyo. LEXIS 430 (Wyo. 1979). Claim time-barred. — While the detainee’s filing occurred within the one-year limitation period of Wyo. Stat. Ann. § 1-39-114, the deputy was not served with the copy of the complaint until much later; pursuant to Wyo. R. Civ. P. 3(b), the suit was not “commenced” until that date, which was outside the one-year statutory period, and as a result, the detainee’s state law tort claims against the deputy under the Wyoming Governmental Claims Act were time-barred. Boyer-Gladden v. Hill, 2010 WY 12, 224 P.3d 21, 2010 Wyo. LEXIS 13 (Wyo. 2010). Suit commenced by filing complaint with intent to prosecute. — A suit is deemed commenced for purposes of a statute of limitations by the filing of a complaint with the bona fide intent to prosecute the suit diligently, provided there was no unreasonable delay in the issuance or service of summons. Quin Blair Enters. v. Julien Constr. Co., 597 P.2d 945, 1979 Wyo. LEXIS 430 (Wyo. 1979).