Wyoming Statutes

Wyo. Stat. § 1-39-113 (2026)

Claims procedure.

✓ current as of May 2026

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     (a) No action shall be brought under this act against a
governmental entity unless the claim upon which the action is
based is presented to the entity as an itemized statement in
writing within two (2) years of the date of the alleged act,
error or omission, except that a cause of action may be
instituted not more than two (2) years after discovery of the
alleged act, error or omission, if the claimant can establish
that the alleged act, error or omission was:

            (i)    Not reasonably discoverable within a two (2) year
period; or

          (ii) The claimant failed to discover the alleged act,
error or omission within the two (2) year period despite the
exercise of due diligence.

     (b)    The claim shall state:

          (i) The time, place and circumstances of the alleged
loss or injury including the name of the public employee
involved, if known;

          (ii) The name, address and residence of the claimant
and his representative or attorney, if any; and

            (iii)    The amount of compensation or other relief
demanded.

     (c) All claims against the state shall be presented to the
general services division of the department of administration
and information. Claims against any other governmental entity
shall be filed at the business office of that entity. In the
case of claims against local governments the claim submitted
need not be acted upon by the entity prior to suit. For
purposes of this section, "business office" means:

          (i) The county clerk of a county, including its
agencies, instrumentalities and institutions;

          (ii) The city or town clerk of a city or town,
including its agencies, instrumentalities and institutions;

          (iii) The secretary of a joint powers board, airport
board, public corporation, community college district board of
trustees or special district;

            (iv)    The superintendent of a school district;
           (v)   The president of the University of Wyoming.

     (d)   In any action under this act, the complaint shall
state:

          (i) That the claim required under subsection (c) of
this section was filed in accordance with this section;

          (ii) The date the claim under subsection (c) of this
section was filed;

          (iii) That the claim was in compliance with the
signature and certification requirements of article 16, section
7 of the Wyoming Constitution.

     (e) In any claim filed with a governmental entity under
this act, the claim shall be signed by the claimant under oath
in substantially the following format:

     I, ______________, have read and understand the provisions
of the false swearing statute. I hereby certify under penalty
of false swearing that the foregoing claim, including all of its
attachments, if any, is true and accurate.

______________________         __________________

Signature of Claimant          Date

______________________

Printed Name of Claimant

STATE OF WYOMING           )

                           ) ss.

COUNTY OF _____________    )

     Subscribed and sworn to before me, a Notarial Officer, this
... day of ....., . ...

__________________________

Notarial Officer

My Commission Expires:    (Seal).

Notes of Decisions

Cited in 100 cases (9 in the last 5 years), 1982–2025 · leading case: Brown v. City of Casper, 2011 WY 35 (Wyo. 2011).

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Brown v. City of Casper, 2011 WY 35 (Wyo. 2011). · cites it 19× “[7] In 2010, the legislature amended Wyo. Stat. Ann. § 1-39-113 (LexisNexis 2009) by adding subsection (d), which reads as follows: (d) In any action under this act, the complaint shall state: (i) That the claim required under subsection (c) of this section was filed in…”

Wyo. Guardianship Corp. v. Wyo. State Hosp., 428 P.3d 424 (Wyo. 2018). · cites it 12× “Gelok presented a notice of claim to the appropriate governmental entities, in compliance with Wyo. Stat. Ann. § 1-39-113 . On June 10, 2016, she filed a claim with the Wyoming Medical Review Panel, as required by Wyo.”

Weston Cnty. Hosp. Jt. Powers Bd. v. Westates Constr. Co., 841 P.2d 841 (Wyo. 1992). · cites it 26× “Whether a joint powers board is a "governmental entity" so that a claimant must satisfy the provisions of Wyo.Stat. § 1-39-113 (1988)? 3. Whether, assuming that a joint powers board is a "political subdivision" or a "governmental entity," the record demonstrates satisfaction of…”

Wooster v. Carbon Cnty. Sch. Dist. No. 1, 2005 WY 47 (Wyo. 2005). · cites it 12× “The law is as follows: (1) when presented to the governmental entity, a notice of claim must be signed by the claimant and certified under penalty of perjury, as required by the Wyoming Constitution; (2) such presentment, and the allegation thereof, is a condition precedent to…”

Anita Harmon, as an Individual & as Pers. Rep. of the Est. of Euella Potter, 2014 WY 90 (Wyo. 2014). · cites it 9× “Harmon submitted a claim as required by the Wyoming Governmental Claims Act (WGCA), Wyo. Stat. Ann. § 1-39-113 (LexisNexis 2013), the validity of which became the central issue in the case.”

Rawlinson v. Cheyenne Bd. of Pub. Utils., 2001 WY 6 (Wyo. 2001). · cites it 14× “ISSUES [¶ 2] The appellants present the following issue for our review: Whether the district court abused its discretion in finding that the appellants' cause of action accrued no later than June 23, 1995, rather than July 22, 1998, for purposes of applying the two-year statute…”

Cranston v. Weston Cnty. Weed & Pest Bd., 826 P.2d 251 (Wyo. 1992). · cites it 15× “Whether Appellants substantially complied with W.S. 1-39-113 so as to confer subject matter jurisdiction upon the district court? D.”

City of Gillette v. Hladky Const., Inc., 2008 WY 134 (Wyo. 2008). · cites it 9× “Sufficiency of the Notice of Claim [ś 18] The City claims the district court lacked, and this Court lacks, subject *194 matter jurisdiction to consider HCI's claims because its notice of claim did not comply with Wyo. Stat. Ann. § 1-39-113 (LexisNexis 2007).”

Beaulieu v. Florquist, 2004 WY 31 (Wyo. 2004). · cites it 7× “[¶ 11] Many of our prior cases have dealt with the necessity of alleging such filing and the date of filing under Wyo. Stat. Ann. § 1-39-113 (LexisNexis 2003), or similar statute, as a condition precedent to suit.”

Nicholas Hull v. North Lincoln Hosp. Dist., Dba Star Valley Health; Todd Haderlie, M.D.; Christian M. Morgan, M.D.; Denise Allred, Rn; Myka Hillstead, Rn; Deanna Starcer, Rn; & Ashley Thornock, Rn, 2025 WY 6 (Wyo. 2025). · cites it 22× “On July 31, 2023, pursuant to Wyo. Stat. Ann. § 1-39-113 (2023), counsel for the Hulls submitted a notice of claim to the Lincoln County Clerk, detailing the Hulls’ claims of negligence against Star Valley Health and the individually named defendants.”

McCann v. City of Cody, 2009 WY 86 (Wyo. 2009). · cites it 9× “Many of our prior cases have dealt with the necessity of alleging such filing and the date of filing under Wyo. Stat. Ann. § 1-39-113 (LexisNexis 2003), or similar statute, as a condition precedent to suit.”

Bell v. Schell, 2004 WY 153 (Wyo. 2004). · cites it 8× “5 In other words, the question is not whether the doe-trine applies to the filing of an amended complaint or other pleading; the question is whether the doctrine applies to the presentment of a second notice of claim after the two-year period stated in Wyo. Stat. Ann. § 1-39-113…”

Show all 100 citing cases →

— Wyo. Stat. § 1-39-113(a) — 21 cases

Rawlinson v. Cheyenne Bd. of Pub. Utils., 2001 WY 6 (Wyo. 2001). “ISSUES [¶ 2] The appellants present the following issue for our review: Whether the district court abused its discretion in finding that the appellants' cause of action accrued no later than June 23, 1995, rather than July 22, 1998, for purposes of applying the two-year statute…”

Nulle v. Gillette-Campbell Cnty. Jt. Powers Fire Bd., 797 P.2d 1171 (Wyo. 1990).

Steven W. Mitchell v. Pete Rust, In His Pers. & Off. Capacity, 2023 WY 47 (Wyo. 2023).

Davis v. City of Casper, 710 P.2d 827 (Wyo. 1985).

Bell v. Schell, 2004 WY 153 (Wyo. 2004). “5 In other words, the question is not whether the doe-trine applies to the filing of an amended complaint or other pleading; the question is whether the doctrine applies to the presentment of a second notice of claim after the two-year period stated in Wyo. Stat. Ann. § 1-39-113…”

— Wyo. Stat. § 1-39-113(a)(ii) — 1 case

Dye Ex Rel. Dye v. Fremont Cnty. Sch. Dist. No. 24, 820 P.2d 982 (Wyo. 1991).

— Wyo. Stat. § 1-39-113(b) — 1 case

Motley v. Platte Cnty., 2009 WY 147 (Wyo. 2009).

— Wyo. Stat. § 1-39-113(b)(iii) — 1 case

Madsen v. Bd. of Trs. of Mem'l Hosp., 2011 WY 36 (Wyo. 2011).

— Wyo. Stat. § 1-39-113(c) — 3 cases

Brown v. City of Casper, 2011 WY 35 (Wyo. 2011). “[7] In 2010, the legislature amended Wyo. Stat. Ann. § 1-39-113 (LexisNexis 2009) by adding subsection (d), which reads as follows: (d) In any action under this act, the complaint shall state: (i) That the claim required under subsection (c) of this section was filed in…”

Cranston v. Weston Cnty. Weed & Pest Bd., 826 P.2d 251 (Wyo. 1992). “Whether Appellants substantially complied with W.S. 1-39-113 so as to confer subject matter jurisdiction upon the district court? D.”

Brown v. City of Casper, 2011 WY 35 (Wyo. 2011).

— Wyo. Stat. § 1-39-113(d) — 3 cases

Chapman v. Wyoming Dep't of Corr., 366 P.3d 499 (Wyo. 2016).

Brown v. City of Casper, 2011 WY 35 (Wyo. 2011).

— Wyo. Stat. § 1-39-113(d)(iii) — 1 case

Uptown Café, Inc. v. Town of Greybull, 2010 WY 58 (Wyo. 2010).

— Wyo. Stat. § 1-39-113(e) — 1 case

Anita Harmon, as an Individual & as Pers. Rep. of the Est. of Euella Potter, 2014 WY 90 (Wyo. 2014). “Harmon submitted a claim as required by the Wyoming Governmental Claims Act (WGCA), Wyo. Stat. Ann. § 1-39-113 (LexisNexis 2013), the validity of which became the central issue in the case.”

— Wyo. Stat. § 1-39-113(g) — 1 case

Cosco v. Lampert, 2010 WY 52 (Wyo. 2010).

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