§ 1-16-401 — Authority of court; grounds

Wyoming § 1-16-401

• Jurisdiction: Wyoming
• Title 01: Civil Procedure
• Ch. 16: JUDGMENTS GENERALLY
• Art. 4: MODIFICATION OR VACATION AFTER TERM

Text

(a) A district court may vacate or modify its own judgment
or order after the term at which it was made:
(i) By granting a new trial when the grounds for a
new trial could not with reasonable diligence have been
discovered before, but are discovered after the original motion
for a new trial has been passed upon by the district court;
(ii) By a new trial granted in proceedings against
defendants constructively summoned;
(iii) For mistake, neglect or omission of the clerk
or irregularity in obtaining a judgment or order;
(iv) For fraud practiced by the successful party in
obtaining a judgment or order;
(v) For erroneous proceedings against a minor or
person of unsound mind, when the condition of the defendant does
not appear in the record nor the error in the proceedings;
(vi) For the death of the parties before judgment in
the action;
(vii) For unavoidable casualty or misfortune
preventing the party from prosecuting or defending;
(viii) For errors in a judgment shown by a minor
within twelve (12) months after arriving at the age of majority;
(ix) For taking judgments upon warrants of attorney
for more than was due the plaintiff, when the defendant was not
summoned or otherwise legally notified of the time and place of
taking the judgment;
(x) When the judgment or order was obtained in whole
or in a material part by false testimony on the part of the
successful party or any witness in his behalf which ordinary
prudence could not have anticipated or guarded against and the
guilty party has been convicted.