Civil Procedure Flashcards

Under Wyoming civil procedure, a class action may be certified only if the court finds all EXCEPT which requirement?

Answer: Unanimity of the class members

Wyoming Rule 23 requires numerosity, commonality, typicality, and adequacy of representation — unanimity is never a requirement for class certification.

In Wyoming, the statute of limitations for most written contract claims is:

Answer: 8 years

Wyoming Statutes § 1-3-105 provides an eight-year statute of limitations for actions on written contracts.

Under Wyoming civil procedure, a default judgment may be entered when:

Answer: The defendant fails to plead or otherwise defend within the time allowed

Under Wyoming Rule 55, a default may be entered by the clerk when a party fails to plead or otherwise defend as required, and a default judgment may follow.

The Wyoming Rules of Civil Procedure require that a pleading containing a claim for relief include:

Answer: A short and plain statement of the claim showing entitlement to relief

Wyoming Rule 8(a) follows notice pleading, requiring only a short and plain statement of the claim showing the pleader is entitled to relief.

Under Wyoming Rules of Evidence, which hearsay exception applies to an excited utterance?

Answer: Rule 803(2)

Wyoming Rule of Evidence 803(2) provides the excited utterance exception for statements relating to a startling event made while the declarant was under the stress of excitement.

In Wyoming, the comparative fault doctrine operates so that a plaintiff recovers damages only if their fault is:

Answer: Less than 50%

Wyoming applies a modified comparative fault system under W.S. § 1-1-109, barring recovery if the plaintiff's fault is 50% or more.