Wyoming Statutes

Wyo. Stat. § 1-3-118 (2026)

Right to commence new action.

✓ current as of May 2026

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If in an action commenced in due time a judgment for the
plaintiff is reversed, or if the plaintiff fails otherwise than
upon the merits and the time limited for the commencement of the
action has expired at the date of the reversal or failure, the
plaintiff, or his representatives if he dies and if the cause of
action survives, may commence a new action within one (1) year
after the date of the failure or reversal. This provision also
applies to any claim asserted in any pleading by a defendant.

Notes of Decisions

Cited in 17 cases (2 in the last 5 years), 1981–2025 · leading case: Jeremy J. Hugus v. Brandon C. Reeder, 2022 WY 13 (Wyo. 2022).

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Jeremy J. Hugus v. Brandon C. Reeder, 2022 WY 13 (Wyo. 2022). · cites it 26× “The district court dismissed this suit as untimely holding that Wyoming’s saving statute, Wyo. Stat. Ann. § 1-3-118 , 1 did not apply to a plaintiff’s voluntary dismissal of the first action.”

Hoke v. Motel 6 Jackson, 2006 WY 38 (Wyo. 2006). · cites it 15× “is predicated on the applicability of Wyoming’s “saving” statute: If in an action commenced in due time a judgment for the plaintiff is reversed, or if the plaintiff fails otherwise than upon the merits and the time limited for the commencement of the action has expired at the…”

Hall v. Park Cnty., 2010 WY 124 (Wyo. 2010). · cites it 16× “[¶ 1] This is an appeal from a district court order dismissing the appellant's complaint for lack of subject matter jurisdiction.”

Haney v. Cribbs, 148 P.3d 1118 (Wyo. 2006). · cites it 6× “Does the savings statute, Wyo. Stat. Ann. § 1-3-118 , apply to allow a plaintiff to refile a personal injury case which was filed within the time afforded by Wyo.”

Terex Corp. v. Hough, 2002 WY 112 (Wyo. 2002). · cites it 2× “Does Wyoming's "savings statute," W.S. § 1-3-118, apply to Appellee's wrongful death claim? The appellee, Betty A.”

Kelvin Bourke v. Grey Wolf Drilling Co., LP, Now Known as Precision Drilling Co., LP, 2013 WY 93 (Wyo. 2013). “Wyoming's legislature presumably anticipated this problem when it passed Wyoming Statute § 1-3-118, commonly known as the "savings statute": If in an action commenced in due time a judgment for the plaintiff is reversed, or if the plaintiff fails otherwise than upon the merits…”

Bd. of Prof'l Responsibility v. Pearce, 446 P.3d 717 (Wyo. 2019). · cites it 2× “The order expressly provided, "Plaintiff shall have one year to re-file the action, pursuant to W.S. § 1-3-118." 7. The complaint Respondent's client submitted to the Office of Bar Counsel in late June 2018 stated, "Hired Mike Pearce a couple years ago to handle my personal…”

Streeter v. Amerequip Corp., 968 F. Supp. 624 (D. Wyo. 1997). · cites it 2× “§ 27-14-105 has been fulfilled in this case, and that if this Court does grant the motion to dismiss as requested by defendant, such dismissal should be without prejudice as plaintiffs action was originally commenced in a timely fashion and is entitled to the benefit of the…”

McAteer v. Stewart, 696 P.2d 72 (Wyo. 1985). “McAteer attempted to breath life into his cause of action by virtue of § 1-3-118, W.S. 1977, which provides: "If in an action commenced in due time a judgment for the plaintiff is reversed, or if the plaintiff fails otherwise than upon the merits and the time limited for the…”

Rosa v. Cantrell, 508 F. Supp. 330 (D. Wyo. 1981). · cites it 2× “Wyoming Statute § 1-3-118 allows a plaintiff to commence a new action within one year if the case is terminated other than on the merits.”

Garman v. Campbell Cnty. Sch. Dist. No. 1, 462 F. App'x 785 (10th Cir. 2012). · cites it 2× “Garman opposed the motion, contending that her complaint was timely under the Wyoming savings statute, Wyo. Stat. Ann. § 1-3-118 . While the School District’s motion was pending, the Wyoming Supreme Court overruled its pri- or cases in which it had held that a court lacked…”

Dianna Ellis, as Wrongful Death Rep. for the Est. of Burke Henry Mccarthy v. Wesley Hiser, M.D., an Individual, 2025 WY 87 (Wyo. 2025). · cites it 23× “Ellis refiled her complaint under Wyoming’s general savings statute, Wyo. Stat. Ann. § 1-3-118 (2023). Dr. Hiser, who was served with notice of the suit for the first time on February 2, 2024, moved to dismiss the refiled suit.”

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