Wyoming Withhold Issuance of Service of Process (WISP) Request is a legal procedure that allows individuals or entities involved in a lawsuit to temporarily pause or withhold the service of court documents, commonly referred to as the service of process. This request is specific to the state of Wyoming and applies to both civil and criminal cases. When a WISP request is filed, it suspends the serving of summons, complaints, subpoenas, or any other legal documents to the defendant or the party being sued. This course of action is typically taken when there is a valid reason for delaying the service, such as a pending motion or settlement negotiations. It offers the petitioner a reasonable opportunity to resolve the issues before engaging in the formal litigation process. Several types of Wyoming Withhold Issuance of Service of Process Requests exist, including: 1. Temporary Delay Request: This type of request seeks a temporary delay in the service of process. It is often filed when the plaintiff needs additional time to gather evidence, negotiate a settlement, or take deposition testimonies. 2. Motion for Continuance: This request is made by the plaintiff or defendant to postpone the service of process to a later date or until certain conditions are met. A motion for continuance could be filed when there are scheduling conflicts, medical emergencies, or unforeseen circumstances that prevent an individual from properly responding to the lawsuit. 3. Stay of Proceedings: This kind of request halts the entire legal proceedings temporarily. It is commonly filed when both parties agree to pause the litigation process while exploring alternative dispute resolution methods, such as mediation or arbitration. 4. Order to Show Cause: This request is typically initiated by the defendant to challenge the plaintiff's claim and demand sufficient evidence justifying the need for withholding the service of process. When filing a Wyoming Withhold Issuance of Service of Process Request, it is crucial to explain the reasons for the request in detail, provide any supporting evidence, and comply with the relevant legal procedures and deadlines. It is recommended to consult with an attorney experienced in Wyoming state laws to ensure a proper and effective filing process.
Wyoming Withhold Issuance of Service of Process Request
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Under Rule 35, Wyoming Rules of Civil Procedure, whenever the physical or mental condition of a party is in controversy, the court in which the action is pending may order the party to submit to a physical or mental examination by a physician.
Rule 54 - Judgment; costs (a) Definition; Form. ''Judgment'' as used in these rules includes a decree and any order from which an appeal lies. A judgment should not include recitals of pleadings, a master's report, or a record of prior proceedings.
At any time more than 60 days after service of the complaint and at least 28 days before the date set for trial, any party may serve on an opposing party an offer to allow settlement or judgment on specified terms, with the costs then accrued.
Rule 11 - Signing pleadings, motions, and other papers; representations to the court; sanctions (a) Signature. Every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney's name-or by a party personally if the party is unrepresented.
Rule 56.1 - Summary judgment - required statement of material facts (a) Upon any motion for summary judgment pursuant to Rule 56 of the Rules of Civil Procedure, in addition to the materials supporting the motion, there shall be annexed to the motion a separate, short and concise statement of the material facts as to ...
The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.
Rule 55 - Default; default judgment (a) Entering a Default. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party's default.
The court on motion of a defendant may grant a new trial to that defendant if required in the interest of justice.
