Disclaimer

This information does not constitute legal advice or replace the rules and statutes governing the Chancery Court. This information is provided as general background information to assist litigants. Litigants should closely review and follow the law and rules governing the chancery court.

General Information

A new court that will resolve business and trust cases on an expedited schedule with bench trials and limited motions practice.
The Chancery Court goes live December 1, 2021.
Two Wyoming district court judges experienced in business litigation—Judges Richard L. Lavery, and Steven K. Sharpe—will handle Chancery Court cases until a full-time Chancery Court judge is installed.
The Chancery Court has concurrent statewide jurisdiction. Much of its work will be conducted remotely, but not all. A courtroom and chamber are under construction in the Casper state office building. That space will not be fully utilized until a full-time judge is installed. For now, the Chancery Court will house its clerk in the Wyoming Supreme Court building and conduct most proceedings remotely.
The Chancery Court Clerk’s Office is open from 8:00 a.m. to 5:00 p.m, Monday through Friday, except holidays. However, the electronic filing system accepts filings twenty-four hours a day.
The Chancery Court is Wyoming’s newest court. Consequently, parties and litigants will likely have questions that go beyond what can be answered here. If you have questions, please email chancery@courts.state.wy.us or call 307.777.6565. Please be advised that Chancery Court staff cannot offer legal advice or interpretations. However, staff will seek to provide general information about the Court’s schedules, policies, and procedures.

If you have questions about the electronic filing system, or experience trouble eFiling, please contact File & ServeXpress Client Support at 888.529.7587. Help is available 24/7.

 

Jurisdictional Information

Section 5-13-115 defines the Chancery Court’s jurisdiction. Generally, the Chancery Court has jurisdiction to decide actions seeking declaratory or injunctive relief and actions seeking money recovery over $50,000 that arise from claims including breach of contract, breach of fiduciary duty, fraud, derivative actions, the Uniform Commercial Code, and the Uniform Trust Code.
Yes. The Chancery Court “may exercise supplemental ancillary jurisdiction over any cause of action” not listed in the enabling statute.
Yes. In most cases, the monetary demand must exceed $50,000 exclusive of interests, costs, fees, and claims for punitive or exemplary damages. The threshold does not apply to demands arising from shareholder derivate actions, dissolutions, certain actions related to arbitration, and trademark disputes.

 

Getting a Case before (and staying before) the Chancery Court

Parties who wish to remove an eligible case from District Court to Chancery Court may do so if they consent in writing within 20 days of service on the last defendant or within 30 days after the defendant receives a copy of an amended filing that first shows the case is removable. To do so, the parties must eFile a notice of removal with the Chancery Court. The parties must also file a copy of the notice with the District Court. Within three days of this notice, the Chancery Court will enter an order of removal. And within 14 days of that order of removal, the removing party must eFile a copy of the entire District Court record with the Chancery Court. Parties should review Paragraph 4(C)(ii) of the Wyoming State Chancery Court Electronic Filing Administrative Policies and Procedures Manual.
The Chancery Court is a full-party consent jurisdiction. A party can object to proceeding in Chancery Court. If the party objects by the date its first pleading is due, the Chancery Court must dismiss the case without prejudice. If the party does not file a timely objection, the objection is waived.
Parties who wish to remove an eligible case from District Court to Chancery Court may do so if they consent in writing within 20 days of service on the last defendant or within 30 days after the defendant receives a copy of an amended filing that first shows the case is removable. To do so, the parties must file a notice of removal with the Chancery Court. This notice must be eFiled as a “new case” and electronically stapled to the Chancery Court Cover Sheet using the main and supporting document function. The parties must also file a copy of the notice with the District Court. Within three days of this notice, the Chancery Court will enter an order of removal. And within 14 days of that order of removal, the removing party must file a copy of the entire District Court record with the Chancery Court.

 

Electronic Filing

The Chancery Court will use an electronic filing system provided by File & Serve Xpress (FSX). Electronic filings through this system will be governed by the most recent version of the Wyoming State Chancery Court eFiling Administrative Policies and Procedures Manual.
Yes. All documents must be electronically filed through the electronic filing system. And all documents, other than case initiating documents, must be electronically served through the electronic filing system unless otherwise ordered by the Court.
The persons identified below may electronically file and serve documents once they have completed training, registered, agreed to terms and conditions, and passed an eFiling proficiency exam:

  • Attorneys who are active members in good standing of the Wyoming State Bar.
  • Eligible attorneys’ staff.
  • Self-represented individuals.
Any eligible person intending to electronically file or serve a document in a Chancery Court proceeding must receiving training. This means that eFiling training is mandatory for the following persons:

  • Licensed Wyoming attorneys who plan to appear in any Chancery Court matter.
  • Support staff who plan to eFile documents on behalf of licensed Wyoming attorneys.
  • Self-represented litigants who plan to participate in a Chancery Court matter.
Yes. Any licensed Wyoming attorney who plans to appear in a Chancery Court case must receive the training, even if legal staff will eFile all documents.
Yes. Any licensed Wyoming attorney who plans to appear in a Chancery Court case must receive the training, even if his or her co-counsel plans to eFile all receive eService of all documents.
Generally, no. Absent special permission from the Chancery Court, local counsel (not pro hac vice counsel) must eFile all documents.
Filers may satisfy the training requirement by either attending a live session or viewing a recorded training session. Both those who attend live sessions and those who view recorded training sessions must register, agree to the terms and conditions, and pass a proficiency exam before eFiling.
All attorneys and self-represented litigants need FSX accounts to file documents and receive filings in Chancery Court cases. You can register an account here. A registration guide and instructional video is available on FSX’s website.
FSX stores all eFiled documents on its secure web-based application. Once the Chancery Court has accepted your filings, FSX will send you an email through which you can retrieve your file stamped documents. Alternatively, you can download the documents from the Chancery Court’s Register of Actions on FSX.
Yes. Initiating case documents must be filed through the electronic filing system.
No. A summons and copy of the complaint must not be served through the electronic filing system.
The Chancery Court will electronically sign, seal, and issue the summons through the electronic filing system. Once electronically issued, the filer may retrieve and serve the summons as required under W.R.C.P.Ch.C. 4.

Stated another way, when eFiling your complaint, electronically staple a summons for each defendant using the main/supporting document functionality. After receiving and accepting the new case, the clerk will sign, seal, and issue each summons electronically. You will receive a link to the summons in the email notifying you that the filing has been accepted.

No, the initial filing will be electronic. The initial service will be in paper.
If the clerk rejects your eFiling, you will receive an email identifying why the document was rejected. You will then have a specified time period in which to correct and resubmit the document. If you fail to timely correct and resubmit the document, the document will be treated as if never filed. But if you correctly and timely resubmit the document, it will be deemed filed on the original date and time that you first attempted to eFile the document.
See Paragraph 8 of the Wyoming State Chancery Court Electronic Filing Administrative Policies and Procedures Manual.
The clerk strives to review and accept eFilings within a few hours of submission. If your document is not accepted or rejected within 24 business hours of submission, please contact the clerk by email to chancery@courts.state.wy.us.
After the clerk accepts your eFiled documents, you will receive an “accepted” notification email.
Paper filings will not be accepted absent a prior court order. To obtain a court order permitting paper filing, you must demonstrate exceptional cause.
No. If a document is eFiled, the parties should not manually file paper copies of the same document with the clerk.
No. Issuance of the Notice of Electronic Filing to the online inboxes of selected users on the electronic filing system constitutes service and the additional service of a hardcopies on these users is unnecessary.
Yes. The notice of electronic filing generated by the electronic filing system does not replace the certificate of service on the document being filed.
See Paragraph 4.B of the Wyoming State Chancery Court Electronic Filing Administrative Policies and Procedures Manual.
See Paragraph 9 of the Wyoming State Chancery Court Electronic Filing Administrative Policies and Procedures Manual.
See Paragraph 9 of the Wyoming State Chancery Court Electronic Filing Administrative Policies and Procedures Manual.
See Paragraph 10 of the Wyoming State Chancery Court Electronic Filing Administrative Policies and Procedures Manual.
Yes. You may authorize a paralegal or other staff member to eFile documents on your behalf. All such filings are subject to Rule 5.3 of the Rules of Professional Conduct.
If you have trouble eFiling, please contact FSX at 888.529.7587. Help is available 24/7.

 

Litigating in Chancery Court

Along with the rules that generally govern all civil proceedings in Wyoming courts, the following rules specifically govern the Chancery Court:

  • Wyoming Rules of Civil Procedures for the Chancery Court
  • Uniform Rules for the Wyoming Chancery Court
  • Rules for Fees and Costs for the Chancery Court
  • eFiling Administrative Policies and Procedures Manual
The Chancery Court expects to hold most pre-trial proceedings remotely using Microsoft Teams.
Attorneys seeking to appear before the Chancery Court pro hac vice must comply with the requirements of U.R.Ch.C. 104 and Rule 8 of the Rules Governing the Wyoming State Bar and the Authorized Practice of Law.
Generally, no. Absent special permission from the court, local counsel (not pro hac vice counsel) must eFile all documents.
Typically, the Chancery Court will hold an initial case management and scheduling conference “within the earlier of 14 days after any defendant has been served with the initial pleading or 10 days after any defendant has appeared.”

 

Filing Fee Information

Rule 2 of the Rules for Fees and Costs for the Chancery Court sets the initial filing fee at $610. Of this fee, $100 is for court automation and $10 is for indigent civil legal services. The filing fee applies to original actions commenced in Chancery Court, actions removed to Chancery Court, and actions reopened after a final decree previously had been entered. The fee is to be paid by the filing party.
On the day the Chancery Court accepts your initial filing, FSX will advance the filing fees to the Court. FSX will then invoice you to recover the filing fees.
The initial filing fee of $610 applies to actions removed to Chancery Court.
Rule 2 of the Rules for Fees and Costs for the Chancery Court provides that the fee is “to be paid by the filing party.” Accordingly, FSX will advance the filing fee and then invoice the user or firm who used her, his, or its account to electronically file the notice of removal. While FSX will invoice the party that eFiled the notice of removal, the parties are free to negotiate among themselves how to cover the cost of a filing fee, including reimbursing the filing party a portion of the fee.
No. There is no fee to eFile subsequent filings.