Wyoming Statutes

Wyo. Stat. § 1-16-401 (2026)

Authority of court; grounds.

✓ current as of May 2026
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(a) A district court may vacate or modify its own judgment
or order after the term at which it was made:

          (i) By granting a new trial when the grounds for a
new trial could not with reasonable diligence have been
discovered before, but are discovered after the original motion
for a new trial has been passed upon by the district court;

          (ii) By a new trial granted in proceedings against
defendants constructively summoned;

          (iii) For mistake, neglect or omission of the clerk
or irregularity in obtaining a judgment or order;

          (iv) For fraud practiced by the successful party in
obtaining a judgment or order;

          (v) For erroneous proceedings against a minor or
person of unsound mind, when the condition of the defendant does
not appear in the record nor the error in the proceedings;

          (vi)   For the death of the parties before judgment in
the action;

          (vii) For unavoidable casualty or misfortune
preventing the party from prosecuting or defending;

          (viii) For errors in a judgment shown by a minor
within twelve (12) months after arriving at the age of majority;

          (ix) For taking judgments upon warrants of attorney
for more than was due the plaintiff, when the defendant was not
summoned or otherwise legally notified of the time and place of
taking the judgment;

          (x) When the judgment or order was obtained in whole
or in a material part by false testimony on the part of the
successful party or any witness in his behalf which ordinary
prudence could not have anticipated or guarded against and the
guilty party has been convicted.
Notes of Decisions
Cited in 20 cases, 1978–2014 · leading case: Dowlin v. Dowlin, 2007 WY 114 (Wyo. 2007).
Dowlin v. Dowlin, 2007 WY 114 (Wyo. 2007). · cites it 22× “ISSUE [T2] Did the district court err in concluding that Wyo. Stat. Ann. § 1-16-401 (Lexis-Nexis 2007) and W.”
Harshfield v. Harshfield, 842 P.2d 535 (Wyo. 1992). · cites it 9× “Does the omission of allocation of military retirement benefits from a divorce decree constitute grounds within the scope of W.S. 1-16-401 or Rule 60(b), Wyoming Rules of Civil Procedure? III.”
Est. of Dahlke ex rel. Jubie v. Dahlke, 319 P.3d 116 (Wyo. 2014). · cites it 4× “[175] On the other hand, the Wyoming legislature adopted Wyo. Stat. Ann. § 1-16-401 , which allows district courts to vacate their own judgments and orders on specific grounds: (a) A district court may vacate or modify its own judgment or order after the term at which it was…”
Thomas P. Campbell v. Tammie J. Hein, F/N/A Tammie J. Campbell, 2013 WY 131 (Wyo. 2013). · cites it 6× “[15] On June 16, 2010, Husband filed a petition to reopen the divorce decree pursuant to Rule 60(b) of the Wyoming Rules of Civil Procedure and Wyo. Stat. Ann. § 1-16-401 . As grounds for reopening, Husband alleged that Wife intentionally misrepresented material facts concerning…”
Barnett v. Barnett, 704 P.2d 1308 (Wyo. 1985). · cites it 8× “, and § 1-16-401, et seq., W.S. 1977, which provide for modification or vacation of a judgment where fraud, mistake or inadvertence was involved, were applicable to judgments upon property settlements.”
Barrett v. Town of Guernsey, 652 P.2d 395 (Wyo. 1982). · cites it 2× “Section 1-16-401, W.S. 1977, authorizes reopening for other reasons, including fraud in obtaining the judgment, but the proceeding must be initiated within two years after judgment is rendered.”
Matter of TRG, 665 P.2d 491 (Wyo. 1983). · cites it 2× “This rule does not limit the power of a court to entertain an independent action to relieve a party from a judgment, order, or proceeding as provided in sections 3-3801 [§ 1-16-401], 3-3805 [repealed, § 1, ch. 188, Laws 1977], and 3-3810 [§ 1-16-408], W.”
Gifford v. Casper Neon Sign Co., Inc., 618 P.2d 547 (Wyo. 1980). · cites it 2× “This rule does not limit the power of a court to entertain an independent action to relieve a party from a judgment, order, or proceeding as provided in sections 3-3801 [§ 1-16-401], 3-3805 [repealed, § 1, ch. 188, Laws 1977], and 3-3810 [§ 1-16-408], W.”
Black v. De Black, 1 P.3d 1244 (Wyo. 2000). · cites it 2× “Is W.S. § 1-16-401(a)@ii) or (iv) applicable to Black's claim? V.”
Bradley v. Bradley, 2005 WY 107 (Wyo. 2005). · cites it 5× “[¶ 16] In large part, Wife premised her motion to modify the divorce decree on Wyo. Stat. Ann. § 1-16-401 (LexisNexis 2005).”
Adel v. Parkhurst, 681 P.2d 886 (Wyo. 1984). “This rule does not limit the power of a court to entertain an independent action to relieve a party from a judgment, order, or proceeding as provided in sections 3-3801 [§ 1-16-401], 3-3805 [repealed, § 1, ch. 188, Laws 1977], and 3-3810 [§ 1-16-408], W.”
Matter of Est. of Kimball, 583 P.2d 1274 (Wyo. 1978). “(now §§ 1-16-401 and 1-16-408, W.S.1977), the court had no power to enter a nunc pro tunc order.”
— Wyo. Stat. § 1-16-401(a) — 1 case
Black v. De Black, 1 P.3d 1244 (Wyo. 2000). “Is W.S. § 1-16-401(a)@ii) or (iv) applicable to Black's claim? V.”
— Wyo. Stat. § 1-16-401(a)(iv) — 1 case
Dowlin v. Dowlin, 2007 WY 114 (Wyo. 2007). “ISSUE [T2] Did the district court err in concluding that Wyo. Stat. Ann. § 1-16-401 (Lexis-Nexis 2007) and W.”
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