Wyoming Motion for Leave to Amend Complaint to Conform to the Evidence

State:
Multi-State
Control #:
US-02525
Format:
Word; 
Rich Text
Instant download

Description

This form is a model motion to amend the complaint to conform to the evidence. A complaint may not always include all possible allegations covered by evidence presented at trial, and courts often allow the complaint to be amended to conform to the evidence.
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FAQ

Rule 40 - Assignment for trial or alternative dispute resolution (a) Scheduling Actions for Trial. The court shall place actions upon the trial calendar: (1) without request of the parties; or (2) upon request of a party and notice to the other parties; or (3) in such other manner as the court deems expedient.

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.

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 37 - Failure to make disclosures or to cooperate in discovery; sanctions (a) Motion for an Order Compelling Disclosure or Discovery. (1) In General. On notice to other parties and all affected persons, a party may move for an order compelling disclosure or discovery.

This rule applies to a dismissal of any counterclaim, crossclaim, or third-party claim. A claimant's voluntary dismissal under Rule 41(a)(1)(A)(i) must be made: (1) before a responsive pleading is served; or (2) if there is no responsive pleading, before evidence is introduced at a hearing or trial.

The court on motion of a defendant may grant a new trial to that defendant if required in the interest of justice.

Service of a subpoena upon a person named therein shall be made by delivering a copy thereof to such person and, if the person's attendance is commanded, by tendering to that person the fees for one day's attendance and the mileage allowed by law.

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Wyoming Motion for Leave to Amend Complaint to Conform to the Evidence