Wyoming Statutes

Wyo. Stat. § 7-14-105 (2026)

Answer by state; withdrawal of petition;

✓ current as of May 2026

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amendments and further pleadings.

     (a) Within forty-five (45) days after being ordered to
respond to the petition by the court, or within any further time
as the court may fix, the attorney general on behalf of the
state shall answer or move to dismiss the petition. No other or
further pleadings shall be filed except as the court may order
on its own motion or on that of either party.

     (b) The court may grant leave to the petitioner, at any
stage of the proceeding prior to entry of judgment, to withdraw
the petition.

     (c)   The court may by order authorize:

           (i)    Amendment of the petition or any other pleadings;

           (ii)   The filing of further pleadings; or

          (iii) An extension of the time for filing any
further pleading other than the original petition.

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1985–2022 · leading case: Schuler v. State, 771 P.2d 1217 (Wyo. 1989).

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Schuler v. State, 771 P.2d 1217 (Wyo. 1989). · cites it 10× “See W.S. 7-14-105 as authorization for the amendment to the post-conviction-relief petition.”

State Ex Rel. Hopkinson v. Dist. Court, Teton Cnty., 696 P.2d 54 (Wyo. 1985). “Section 7-14-102 only provides that the petition identify the proceeding, and § 7-14-101 provides that a copy be mailed to the Attorney General who answers for the State, § 7-14-105, W.S. The appellant has not named the State as respondent but instead sues the Attorney General…”

Fondren v. State, 749 P.2d 767 (Wyo. 1988). · cites it 2× “We will not consider substantive issues, if any do exist, that may have been presented to the court or may later be provided in amended petition pursuant to provision for amendment in § 7-14-105(c), W.S. 1977, 1987 Replacement, from which further trial-court consideration and…”

Paul Michael Harnetty v. The State of Wyoming, 2022 WY 68 (Wyo. 2022). · cites it 6× “Wyo. Stat. Ann. § 7-14-105 states: (a) Within forty-five (45) days after being ordered to respond to the petition by the court, or within any further time as the court may fix, the attorney general on behalf of the state shall answer or move to dismiss the petition.”

Boyd v. State, 747 P.2d 1143 (Wyo. 1987). “Based on these circumstances, the issues raised in the January 22,1986, petition are res judicata and a second petition will not be allowed.”

— Wyo. Stat. § 7-14-105(c) — 1 case

Fondren v. State, 749 P.2d 767 (Wyo. 1988). “We will not consider substantive issues, if any do exist, that may have been presented to the court or may later be provided in amended petition pursuant to provision for amendment in § 7-14-105(c), W.S. 1977, 1987 Replacement, from which further trial-court consideration and…”

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