State Court Stipulation and Proposed Order - General Civil (Wyoming)

STIPULATION AND [PROPOSED] ORDER

District Court, [________________________________] Judicial District, [________________________________] County, Wyoming

General Civil Matter

PART I: CASE CAPTION AND ATTORNEY INFORMATION

IN THE DISTRICT COURT OF THE [________________________________] JUDICIAL DISTRICT

IN AND FOR [________________________________] COUNTY, STATE OF WYOMING

Civil Action No.: [________________________________]

[________________________________],

Plaintiff(s),

v.

[________________________________],

Defendant(s).

STIPULATION AND [PROPOSED] ORDER

Filing Attorney Information

Name: [________________________________]

Wyoming State Bar No.: [________________________________]

Firm: [________________________________]

Address: [________________________________]

[________________________________], Wyoming [____]

Telephone: [________________________________]

Facsimile: [________________________________]

E-Mail: [________________________________]

Attorney for: ☐ Plaintiff(s) ☐ Defendant(s) ☐ Third-Party [____]: [________________________________]

PART II: RECITALS AND CASE BACKGROUND

COME NOW the undersigned parties, by and through their respective counsel of record, and hereby stipulate and agree to the following terms, and jointly request that the Court enter the Proposed Order set forth below. In support of this Stipulation, the parties state as follows:

A. Procedural History

1. This action was commenced by the filing of a Complaint on [__/__/____] in the District Court for the [________________________________] Judicial District, [________________________________] County, Wyoming.

2. Defendant(s) filed an Answer on [__/__/____].

3. The Court entered a Scheduling Order pursuant to W.R.C.P. 16(b) on [__/__/____], which established the following deadlines:

a. Fact discovery completion: [__/__/____]

b. Expert disclosures (W.R.C.P. 26(a)(2)): [__/__/____]

c. Rebuttal expert disclosures: [__/__/____]

d. Expert depositions: [__/__/____]

e. Dispositive motions: [__/__/____]

f. Pretrial conference: [__/__/____]

g. Trial date: [__/__/____]

h. Jury instructions deadline (if applicable): [__/__/____]

4. ☐ A pretrial conference was held on [__/__/____].

5. ☐ Mediation/ADR has been: ☐ Completed on [__/__/____] ☐ Scheduled for [__/__/____] ☐ Not yet scheduled ☐ Ordered by the Court.

B. Basis for Stipulation

6. The parties have conferred in good faith and agree that the relief described below is appropriate for the following reasons:

[________________________________]

[________________________________]

[________________________________]

7. ☐ This Stipulation does not affect the trial date.

☐ This Stipulation requires modification of the trial date for the following reasons: [________________________________]

8. No party or non-party will be prejudiced by entry of this Stipulation.

PART III: STIPULATED TERMS

The parties hereby stipulate and agree to the following terms:

Term 1

[________________________________]

[________________________________]

[________________________________]

Term 2

[________________________________]

[________________________________]

[________________________________]

Term 3

[________________________________]

[________________________________]

[________________________________]

Term 4

[________________________________]

[________________________________]

[________________________________]

Additional Terms (if applicable):

[________________________________]

[________________________________]

Sample Stipulated Terms (Select and Modify as Applicable)

☐ Fact Discovery Extension. The deadline for completion of all fact discovery is extended from [__/__/____] to [__/__/____]. All discovery requests must be served with sufficient time for responses prior to the new deadline. This extension is necessitated by: [________________________________].

☐ Expert Disclosure Extension. Expert disclosures pursuant to W.R.C.P. 26(a)(2) shall be served by [__/__/____] (previously [__/__/____]). Rebuttal expert disclosures shall be served by [__/__/____]. Expert depositions shall be completed by [__/__/____].

☐ Dispositive Motion Deadline Extension. The deadline for filing dispositive motions is extended from [__/__/____] to [__/__/____]. Responses shall be filed within [____] days of service, and reply briefs within [____] days of service of the response.

☐ Amendment of Pleadings. Plaintiff/Defendant shall have leave to file an Amended [Complaint/Answer/Counterclaim] on or before [__/__/____]. The opposing party shall have [____] days from service to respond pursuant to W.R.C.P. 15(a).

☐ Continuance of Trial Date. The trial date currently set for [__/__/____] is continued to [__/__/____], or to the first available trial date. The parties demonstrate good cause for this continuance as required by the Scheduling Order and W.R.C.P. 16(b)(4).

☐ Dismissal of Claims/Parties. The following claims/parties are dismissed ☐ with prejudice ☐ without prejudice pursuant to W.R.C.P. 41: [________________________________].

☐ Settlement Period. The case shall be placed on the inactive docket for [____] days to allow for execution of a settlement agreement. If settlement is not consummated by [__/__/____], any party may request restoration to the active docket.

☐ Protective Order. The parties agree to the entry of a protective order governing confidential discovery materials in the form attached as Exhibit [____].

☐ ADR/Mediation Scheduling. The parties shall participate in ☐ mediation ☐ arbitration ☐ settlement conference on or before [__/__/____], using [________________________________] as the neutral.

☐ Jury Instructions. The deadline for submission of proposed jury instructions is extended from [__/__/____] to [__/__/____].

☐ Consolidation/Severance. This case shall be ☐ consolidated with ☐ severed from Civil Action No. [________________________________] for purposes of ☐ discovery ☐ trial ☐ all purposes.

☐ Other. [________________________________]

PART IV: AUTHORITY AND GOOD CAUSE

A. Governing Rules

This Stipulation is submitted pursuant to the following Wyoming Rules of Civil Procedure:

• W.R.C.P. 16(b) (Scheduling), which requires the Court to issue a scheduling order and authorizes its modification upon a showing of good cause pursuant to W.R.C.P. 16(b)(4).

• W.R.C.P. 6(b) (Enlargement of Time), which permits the Court to enlarge time periods prescribed by the rules or by court order.

• W.R.C.P. 29 (Stipulations Regarding Discovery Procedure), which authorizes the parties to modify discovery procedures by written stipulation, subject to court approval where scheduling order deadlines are implicated.

• W.R.C.P. 26 (General Provisions Governing Discovery), to the extent discovery or expert disclosure modifications are requested.

• W.R.C.P. 41 (Dismissal of Actions), if applicable to any dismissal terms herein.

• Uniform Rules for District Courts of the State of Wyoming, which supplement the W.R.C.P. and govern practice in Wyoming's nine judicial district courts.

B. Good Cause Statement

Good cause exists for the entry of this Stipulation because:

1. [________________________________]

2. [________________________________]

3. [________________________________]

The Scheduling Order provides that motions or stipulations for continuance, postponement, or extension of deadlines "must show good cause or may be automatically denied." The parties submit that the foregoing reasons satisfy this standard.

PART V: RESERVATION OF RIGHTS

1. Except as expressly set forth in this Stipulation, all provisions of the Scheduling Order dated [__/__/____] remain in full force and effect.

2. Nothing in this Stipulation shall be deemed a waiver of any claim, defense, objection, or privilege of any party.

3. Each party reserves the right to seek such further relief as may be appropriate in the event of a material change in circumstances.

4. This Stipulation shall not be construed as an admission of liability, fault, or wrongdoing by any party.

5. The parties reserve the right to seek further modification of this Stipulation upon a showing of good cause pursuant to W.R.C.P. 16(b)(4).

PART VI: CONFIDENTIALITY PROVISIONS

☐ Not applicable — No confidentiality provisions are included in this Stipulation.

☐ Applicable — The following confidentiality provisions shall govern:

1. The terms of this Stipulation ☐ shall ☐ shall not be confidential.

2. Any settlement amounts referenced herein ☐ shall ☐ shall not be disclosed publicly.

3. Confidential information exchanged in connection with this Stipulation shall be governed by ☐ the existing Protective Order dated [__/__/____] ☐ the Protective Order attached as Exhibit [____] ☐ the following terms: [________________________________].

PART VII: PARTY AND ATTORNEY SIGNATURES

WHEREFORE, the undersigned parties respectfully request that the Court approve this Stipulation and enter the Proposed Order set forth below.

Plaintiff's Counsel

AGREED AND STIPULATED:

Dated: [__/__/____]

[________________________________]

By: [________________________________]

Name: [________________________________]

Wyoming State Bar No.: [________________________________]

Firm: [________________________________]

Address: [________________________________]

[________________________________], Wyoming [____]

Telephone: [________________________________]

E-Mail: [________________________________]

Attorney for Plaintiff(s): [________________________________]

Defendant's Counsel

AGREED AND STIPULATED:

Dated: [__/__/____]

[________________________________]

By: [________________________________]

Name: [________________________________]

Wyoming State Bar No.: [________________________________]

Firm: [________________________________]

Address: [________________________________]

[________________________________], Wyoming [____]

Telephone: [________________________________]

E-Mail: [________________________________]

Attorney for Defendant(s): [________________________________]

Additional Party Counsel (if applicable)

AGREED AND STIPULATED:

Dated: [__/__/____]

[________________________________]

By: [________________________________]

Name: [________________________________]

Wyoming State Bar No.: [________________________________]

Firm: [________________________________]

Address: [________________________________]

[________________________________], Wyoming [____]

Telephone: [________________________________]

E-Mail: [________________________________]

Attorney for: [________________________________]

Self-Represented Party (if applicable)

AGREED AND STIPULATED:

Dated: [__/__/____]

Signature: [________________________________]

Printed Name: [________________________________]

Address: [________________________________]

[________________________________], Wyoming [____]

Telephone: [________________________________]

E-Mail: [________________________________]

PART VIII: [PROPOSED] ORDER

IN THE DISTRICT COURT OF THE [________________________________] JUDICIAL DISTRICT

IN AND FOR [________________________________] COUNTY, STATE OF WYOMING

Civil Action No.: [________________________________]

[________________________________], Plaintiff(s)

v.

[________________________________], Defendant(s)

ORDER

The Court, having reviewed the Stipulation of the parties filed on [__/__/____], and finding:

1. That all parties have consented to the terms of the Stipulation;

2. That good cause has been shown for modification of the Scheduling Order pursuant to W.R.C.P. 16(b)(4);

3. That the requested relief is consistent with the efficient administration of justice and the timely resolution of this case;

4. That no party or non-party will be unduly prejudiced;

It is hereby ORDERED:

1. The Stipulation of the parties is APPROVED and incorporated herein by reference.

2. [________________________________]

3. [________________________________]

4. [________________________________]

5. [________________________________]

All other provisions of the Scheduling Order dated [__/__/____] not expressly modified herein shall remain in full force and effect.

DATED this [____] day of [________________________________], 20[____].

[________________________________]

District Court Judge

[________________________________] Judicial District

[________________________________] County, Wyoming

PART IX: CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], the foregoing Stipulation and [Proposed] Order was served on all counsel of record and parties as follows:

☐ Filed and served electronically via the Wyoming Judicial Branch e-filing system, which sent automatic notice to all registered users, including:

Name: [________________________________]

E-Mail: [________________________________]

Name: [________________________________]

E-Mail: [________________________________]

☐ Served by first-class U.S. Mail, postage prepaid pursuant to W.R.C.P. 5(b) on:

Name: [________________________________]

Address: [________________________________]

[________________________________]

☐ Served by hand delivery on:

Name: [________________________________]

Address: [________________________________]

☐ Served by electronic mail (with consent) on:

Name: [________________________________]

E-Mail: [________________________________]

[________________________________]

Name: [________________________________]

Wyoming State Bar No.: [________________________________]

Date: [__/__/____]

PART X: WYOMING-SPECIFIC PRACTICE NOTES

Court Structure and Judicial Districts

1. District Courts. Wyoming has nine judicial districts covering the state's 23 counties. District courts have general jurisdiction over civil matters. The judicial district and county must both be identified in the case caption.

2. Judicial Districts.
   - First Judicial District: Laramie County
   - Second Judicial District: Albany, Carbon Counties
   - Third Judicial District: Lincoln, Sweetwater, Uinta Counties
   - Fourth Judicial District: Johnson, Sheridan Counties
   - Fifth Judicial District: Big Horn, Hot Springs, Park, Washakie Counties
   - Sixth Judicial District: Campbell, Crook, Weston Counties
   - Seventh Judicial District: Natrona County
   - Eighth Judicial District: Converse, Goshen, Niobrara, Platte Counties
   - Ninth Judicial District: Fremont, Sublette, Teton Counties

3. Uniform Rules for District Courts. The Uniform Rules for District Courts of the State of Wyoming supplement the W.R.C.P. and establish additional procedures for case management, scheduling, and motion practice.

Scheduling Order Modifications

4. Good Cause Required. Under W.R.C.P. 16(b)(4), a scheduling order may be modified only for good cause and with the judge's consent. Wyoming scheduling orders typically state that "any and all motions or stipulations for continuance/postponement/extensions of any events, hearings, or other matters included in a Scheduling Order must show good cause or may be automatically denied."

5. Trial Date Changes. Requests to continue trial dates require a particularly strong showing of good cause. Courts generally disfavor trial continuances and may require that all other avenues (such as adjusting pretrial deadlines while preserving the trial date) be explored first.

6. Pretrial Conference. Wyoming district courts typically hold a pretrial conference before trial. Changes to the pretrial conference date may require separate court approval.

Filing Requirements

7. Electronic Filing. Wyoming uses a statewide e-filing system through the Wyoming Judicial Branch website. E-filing is available in many counties but may not be mandatory in all districts. Verify e-filing requirements with the specific district court clerk.

8. Proposed Order Format. Some judges require the proposed order to be submitted as a separate editable Word document. Check with the assigned judge's chambers for formatting preferences.

9. Filing Fee. Stipulations modifying scheduling orders generally do not require a separate filing fee, but practitioners should verify with the clerk's office.

Discovery Rules

10. Discovery Modifications. Under W.R.C.P. 29, parties may stipulate to modify discovery procedures without court approval, except that stipulations extending court-imposed deadlines (such as those in the scheduling order) require court approval under W.R.C.P. 16(b)(4).

11. Expert Disclosures. W.R.C.P. 26(a)(2) governs expert witness disclosures in Wyoming. Expert depositions are typically required to be completed a certain number of days before trial (often 21 days), as set forth in the scheduling order.

Service Requirements

12. Service Methods. W.R.C.P. 5(b) permits service by delivery, mail, or electronic means with consent. Service through the e-filing system constitutes service on registered users.

13. Self-Represented Litigants. Self-represented parties who do not use e-filing must receive service by traditional means (mail or delivery) and should be listed in the certificate of service with mailing addresses.

Electronic Signatures

14. E-Filing Signatures. Electronic signatures ("/s/ [Name]") are accepted in e-filed documents in Wyoming. The filing attorney's e-filing credentials serve as authentication.

15. Opposing Counsel Signatures. Obtain opposing counsel's consent before filing with an electronic signature. Include a representation that opposing counsel has authorized the signature.

SOURCES AND REFERENCES

• Wyoming Rules of Civil Procedure: Wyoming Judicial Branch
• W.R.C.P. Full Text: PDF
• Uniform Rules for District Courts of the State of Wyoming: PDF
• W.R.C.P. 16 (Pretrial Conferences; Scheduling; Management)
• W.R.C.P. 16(b)(4) (Modification of Scheduling Order)
• W.R.C.P. 6(b) (Enlargement of Time)
• W.R.C.P. 29 (Stipulations Regarding Discovery Procedure)
• W.R.C.P. 26(a)(2) (Expert Disclosures)
• W.R.C.P. 41 (Dismissal of Actions)
• W.R.C.P. 5(b) (Service)
• Wyoming Judicial Branch E-Filing: https://www.wyocourts.gov
• Wyoming State Bar: https://www.wyomingbar.org