Wyoming Motion for Trial Continuance - Personal Injury

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US-PI-0060
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This form is a sample motion to continue filed by the defendant requesting that a new trial date be set due to actions taken by the plaintiff which defendant believes will unfairly prejudice the jury.

Wyoming Motion for Trial Continuance — Personal Injury A Wyoming motion for trial continuance in a personal injury case allows either the plaintiff or defendant to request a delay or postponement of the trial date. This motion is commonly used when there is a valid reason that prevents either party from proceeding with the trial as scheduled. It is crucial to understand the different types of Wyoming motion for trial continuance in personal injury cases to better navigate the legal process. Here are the key types of motions: 1. Medical Continuance: In personal injury cases, a common reason to request a continuance is when the plaintiff's medical condition has not stabilized, leaving them unable to attend or actively participate in the trial. This motion allows for additional time for the plaintiff to recover from injuries, complete necessary medical treatments, or reach maximum medical improvement. It ensures that the plaintiff can present their case adequately and avoids prejudicing their right to a fair trial. 2. Expert Continuance: Personal injury cases often rely on the testimony of expert witnesses. If unforeseen circumstances arise that prevent the timely availability of an essential expert witness, such as scheduling conflicts or sudden unavailability, the party seeking the continuance may file an expert continuance motion. This provides an opportunity to reschedule the trial to a later date that accommodates the expert's availability, ensuring their important testimony can be presented. 3. Discovery Continuance: Sometimes, either party requires additional time to complete the discovery process. Discovery refers to the exchange of evidence, witness statements, expert reports, medical records, and other relevant information. If a party can demonstrate that further investigation is necessary to adequately prepare for trial, they may file a discovery continuance motion. This allows for an extension of time to gather evidence, interview witnesses, or address any procedural issues that may have arisen during the discovery phase. 4. Conflict Continuance: In some cases, a conflict may arise that prevents the parties or their legal representatives from attending the trial as scheduled. This could be due to a scheduling conflict with another court hearing or a personal emergency. A conflict continuance motion requests a rescheduling of the trial to avoid any prejudice caused by the absence of a necessary party or attorney. 5. Settlement Continuance: If the parties are actively engaged in settlement negotiations, they may jointly request a settlement continuance. This motion allows them additional time to finalize a settlement agreement, potentially avoiding the need for a trial altogether. Settlement continuances are typically granted to encourage parties to reach a mutually beneficial resolution, reducing the strain on the court system and saving time and resources for all parties involved. It's important to note that each motion for trial continuance in Wyoming personal injury cases must be supported by valid reasons and compliance with court rules. Parties filing such motions should provide detailed explanations and supporting evidence to increase the likelihood of a continuance being granted. Consulting with an experienced personal injury attorney in Wyoming can provide further guidance and ensure proper procedures are followed when seeking trial continuances.

How to fill out Wyoming Motion For Trial Continuance - Personal Injury?

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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.

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

Rule 60 - Relief from a judgment or order (a) Corrections Based on Clerical Mistakes; Oversights and Omissions. The court may correct a clerical mistake or a mistake arising from oversight or omission whenever one is found in a judgment, order, or other part of the record.

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.

Wyoming rule 41 (a) (1) reads: a notice of dismissal operates as an adjudication on the merits when filed by a plaintiff who has once dismissed in any court an action in which service was obtained, based on or including the same claim.

Rule 35 - Physical and mental examinations (a) Order for an Examination. (1) In General. The court where the action is pending may order a party whose mental or physical condition-including blood group-is in controversy to submit to a physical or mental examination by a suitably licensed or certified examiner.

Wyoming rule 41 (a) (1) reads: a notice of dismissal operates as an adjudication on the merits when filed by a plaintiff who has once dismissed in any court an action in which service was obtained, based on or including the same claim.

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by IV Parties — Pleading special matters. 10. Form of pleadings. 11. Signing pleadings, motions, and other pa- pers; representations to the court; ... Jan 1, 2022 — Unless otherwise ordered by the Court, motions for leave to file and the filing of amicus briefs shall be governed by Fed. R. App. P. 29 ...(a) A motion to postpone the trial of a case because of the lack of evidence shall be supported by affidavit showing: (i) The materiality of the evidence ... Step 3: For many civil cases, a request for a continuance is made through a motion. A “motion for a continuance” is a request asking the judge to make an order ... (a) A motion for a continuance of any scheduled hearing shall be in writing, state the reasons for the motion, and be filed and served on all parties and ... (4) No alternative means can adequately address the bases giving rise to this application for a continuance, particularly with an ongoing stay on discovery and ... Oct 19, 2022 — Case opinion for WY Supreme Court VLAHOS v. STATE. Read the Court's full decision on FindLaw. Mar 28, 2016 — Formal motion required. A party (or parties) requesting an extension, continuance, or stay must file a motion in writing. Unless permitted by ... The court should state on the record the reasons for granting or denying the motion. (b) Time to File a Motion. Unless a different time is set by court order ...

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Wyoming Motion for Trial Continuance - Personal Injury