WY Bar Civil Procedure 2 — Questions and Answers
Question 1: Under Wyoming civil procedure, a class action may be certified only if the court finds all EXCEPT which requirement?
- Numerosity
- Commonality
- Typicality
- Unanimity of the class members (Correct answer)
Correct answer: Unanimity of the class members
Wyoming Rule 23 requires numerosity, commonality, typicality, and adequacy of representation — unanimity is never a requirement for class certification.
Question 2: In Wyoming, the statute of limitations for most written contract claims is:
- 2 years
- 4 years
- 8 years (Correct answer)
- 10 years
Correct answer: 8 years
Wyoming Statutes § 1-3-105 provides an eight-year statute of limitations for actions on written contracts.
Question 3: Under Wyoming civil procedure, a default judgment may be entered when:
- The defendant fails to appear at trial
- The defendant fails to plead or otherwise defend within the time allowed (Correct answer)
- The plaintiff moves ex parte at any time
- The defendant loses a discovery motion
Correct answer: The defendant fails to plead or otherwise defend within the time allowed
Under Wyoming Rule 55, a default may be entered by the clerk when a party fails to plead or otherwise defend as required, and a default judgment may follow.
Question 4: The Wyoming Rules of Civil Procedure require that a pleading containing a claim for relief include:
- A demand for judgment and detailed legal arguments
- A short and plain statement of the claim showing entitlement to relief (Correct answer)
- Expert witness disclosures
- The anticipated damages with supporting invoices
Correct answer: A short and plain statement of the claim showing entitlement to relief
Wyoming Rule 8(a) follows notice pleading, requiring only a short and plain statement of the claim showing the pleader is entitled to relief.
Question 5: Under Wyoming Rules of Evidence, which hearsay exception applies to an excited utterance?
- Rule 801
- Rule 803(2) (Correct answer)
- Rule 804(b)(1)
- Rule 807
Correct answer: Rule 803(2)
Wyoming Rule of Evidence 803(2) provides the excited utterance exception for statements relating to a startling event made while the declarant was under the stress of excitement.
Question 6: In Wyoming, the comparative fault doctrine operates so that a plaintiff recovers damages only if their fault is:
- Less than 10%
- 50% or less
- Less than 50% (Correct answer)
- Less than 75%
Correct answer: Less than 50%
Wyoming applies a modified comparative fault system under W.S. § 1-1-109, barring recovery if the plaintiff's fault is 50% or more.
WY Bar Civil Procedure 2
Under Wyoming civil procedure, a class action may be certified only if the court finds all EXCEPT which requirement?