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Wyoming Statutes

Wyo. Stat. § 5-2-115 (2026)

Rules and forms governing pleading, practice and

✓ current as of May 2026
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procedure in all courts; application of rules.

     (a)   Such rules may govern:

          (i) The forms of process, writs, pleadings and
motions and the subjects of parties, depositions, discovery,
trials, evidence, judgments, new trials, provisional and final
remedies and all other matters of pleading, practice and
procedure; and

          (ii) Any review of or other supervisory proceedings
from the judgment or decision of any court, board, officer, or
commission when such review is authorized by law.

     (b) Such rules shall neither abridge, enlarge nor modify
the substantive rights of any person nor the jurisdiction of any
of the courts nor change the provisions of any statute of
limitations.
Notes of Decisions
Cited in 15 cases, 1980–2008 · leading case: Hoke v. Motel 6 Jackson, 2006 WY 38 (Wyo. 2006).
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Hoke v. Motel 6 Jackson, 2006 WY 38 (Wyo. 2006). · cites it 9× “” Wyo. Stat. Ann. § 5-2-115 (b) (2003). Rule 3(b) requires that the action against Defendant Accor is deemed commenced on July 1,2004, one-hundred twenty days after running of the statute of limitations.”
McGuire v. McGuire, 608 P.2d 1278 (Wyo. 1980). · cites it 4× “" Section 5-2-115, W.S. 1977: "(a) Such rules may govern: "(i) The forms of process, writs, pleadings and motions and the subjects of parties, depositions, discovery, trials, evidence, judgments, new trials, provisional and final remedies and all other matters of pleading,…”
Lapp v. City of Worland, 612 P.2d 868 (Wyo. 1980). · cites it 6× “1957 (now § 5-2-115, W.S. 1977) provides such rules could govern "trials" and "review," the only restriction being: "(b) Such rules shall neither abridge, enlarge nor modify the substantive rights of any person nor the jurisdiction of any of the courts nor change the provisions…”
Ryan v. State, 988 P.2d 46 (Wyo. 1999). · cites it 4× “Wyo. Stat. Ann. § 5-2-115 (b) (LEXIS 1999).”
Hopkinson v. State, 664 P.2d 43 (Wyo. 1983). · cites it 2× “This court has never previously considered, nor has it been inclined to decide, what would be no more than an academic question as to whether it had the inherent right to adopt rules of procedure without the blessing of the legislature.”
Mut. of Omaha Ins. Co. v. Blury-Losolla, 952 P.2d 1117 (Wyo. 1998). · cites it 4× “Wyo. Stat. § 5-2-115(b) (1997) makes it clear that "[s]uch rules shall neither abridge, enlarge nor modify the substantive rights of any person nor the jurisdiction of any of the courts * * *.”
White v. Fisher, 689 P.2d 102 (Wyo. 1984). · cites it 2× “Section 5-2-115, W.S.1977, clearly limits the rule-making power of the court to procedural matters.”
Goodman v. State, 644 P.2d 1240 (Wyo. 1982). · cites it 4× “" Section 5-2-115, W.S. 1977 provides in part that: "(b) Such rules shall neither abridge, enlarge, nor modify the substantive rights of any person * * *.”
Olson v. Campbell Cnty. Mem'l Hosp., 652 P.2d 1365 (Wyo. 1982). · cites it 4× “[2] should be applied because he felt that the provisions of § 5-2-115(b) [3] precluded the application of a court rule to the provisions of a statute of limitations.”
Hammons v. Int'l Playtex, Inc., 676 F. Supp. 1114 (D. Wyo. 1988). · cites it 2× “” Wyo. Stat. § 5-2-115(b) (1977). The sixty-day period established by Wyoming Rule 3(b) is an integral part of the statute of limitations.”
State v. Dist. Court of the Second Jud. Dist., 715 P.2d 191 (Wyo. 1986). · cites it 2× “The limit upon the authority of this court to promulgate rules is found in § 5-2-115(b), W.S. 1977, and again no one questions the proposition that this court cannot supersede substantive rights by adopting rules of procedure.”
Doney v. State, 59 P.3d 730 (Wyo. 2002). · cites it 2× “" Wyo. Stat. Ann. § 5-2-115 (a)() (LexisNexis 2001).”
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— Wyo. Stat. § 5-2-115(b) — 6 cases
Mut. of Omaha Ins. Co. v. Blury-Losolla, 952 P.2d 1117 (Wyo. 1998). “Wyo. Stat. § 5-2-115(b) (1997) makes it clear that "[s]uch rules shall neither abridge, enlarge nor modify the substantive rights of any person nor the jurisdiction of any of the courts * * *.”
Olson v. Campbell Cnty. Mem'l Hosp., 652 P.2d 1365 (Wyo. 1982). “[2] should be applied because he felt that the provisions of § 5-2-115(b) [3] precluded the application of a court rule to the provisions of a statute of limitations.”
Hammons v. Int'l Playtex, Inc., 676 F. Supp. 1114 (D. Wyo. 1988). “” Wyo. Stat. § 5-2-115(b) (1977). The sixty-day period established by Wyoming Rule 3(b) is an integral part of the statute of limitations.”
State v. Dist. Court of the Second Jud. Dist., 715 P.2d 191 (Wyo. 1986). “The limit upon the authority of this court to promulgate rules is found in § 5-2-115(b), W.S. 1977, and again no one questions the proposition that this court cannot supersede substantive rights by adopting rules of procedure.”
Hernando Cnty. v. Morana, 979 So. 2d 276 (Fla. 5th DCA 2008).
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