Rules and Forms Governing Small Claims Cases

General Information

  • Date Created: 11/22/1989
  • Date Effective: 02/13/1990

Text of Rules

Rule 1.
Scope of rules.
 
These rules govern procedure in small claims cases in circuit courts. Statutes governing small claims cases which are in conflict with these rules are superseded.
 
(Amended May 9, 2000, effective July 1, 2000; amended December 2, 2002, effective January 6, 2003.)
Rule 2.
Forms.
 
Form No. 1, designated Small Claims Affidavit and Notice to Plaintiff and Defendant, together with Form No. 2, designated Summons with Return, attached hereto, shall be adopted for use in all circuit courts in processing small claims cases.
 
(Amended May 9, 2000, effective July 1, 2000; amended December 2, 2002, effective January 6, 2003.)
Rule 3.
Filing fees.
 
The fee for filing small claims actions shall be ten dollars ($10.00) in circuit courts.
 
(Amended May 9, 2000, effective July 1, 2000; amended December 2, 2002, effective January 6, 2003.)
Rule 4.
Venue.
 
A defendant in small claims actions may only be sued in the county in which the defendant has an address. (W.S. 1-21-203)
Rule 5.
Responsive pleadings.
 
No answer nor responsive pleading shall be required in small claims actions.
Rule 6.
Rules of evidence.
 
Strict rules of evidence shall not apply in trials of small claims actions. Irrelevant, immaterial or unduly repetitious evidence shall be excluded. A court may in its discretion receive the type of evidence commonly relied upon by reasonably prudent persons in the conduct of their serious business affairs. Hearsay that is probative, trustworthy and credible may be received into evidence.
Rule 7.
Appeals.
 
Appeals of small claims actions to district court shall be processed pursuant to W.R.A.P. and only on questions of law and not for a review of the sufficiency of evidence. (Johnson v. Statewide Collections, Inc., 778 P.2d 93 (Wyo. 1989))
 
(Amended February 23, 1999, effective June 9, 1999.)

Appendices

Revision / Amendment History

Order

Date Signed

Effective Date

12/02/2002

01/06/2003

05/09/2000

07/01/2000

02/23/1999

06/09/1999

11/22/1989

02/13/1990