(a)No action shall be brought under this act against a
governmental entity unless the claim upon which the action is
based is presented to the entity as an itemized statement in
writing within two (2) years of the date of the alleged act,
error or omission, except that a cause of action may be
instituted not more than two (2) years after discovery of the
alleged act, error or omission, if the claimant can establish
that the alleged act, error or omission was:
(i)Not reasonably discoverable within a two (2) year
period; or
(ii)The claimant failed to discover the alleged act,
error or omission within the two (2) year period despite the
exercise of due diligence.
(b)The claim shall state:
(i)The time, place and circumstances of the alleged
loss or injury including the name of the public
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(a) No action shall be brought under this act against a
governmental entity unless the claim upon which the action is
based is presented to the entity as an itemized statement in
writing within two (2) years of the date of the alleged act,
error or omission, except that a cause of action may be
instituted not more than two (2) years after discovery of the
alleged act, error or omission, if the claimant can establish
that the alleged act, error or omission was:
(i) Not reasonably discoverable within a two (2) year
period; or
(ii) The claimant failed to discover the alleged act,
error or omission within the two (2) year period despite the
exercise of due diligence.
(b) The claim shall state:
(i) The time, place and circumstances of the alleged
loss or injury including the name of the public employee
involved, if known;
(ii) The name, address and residence of the claimant
and his representative or attorney, if any; and
(iii) The amount of compensation or other relief
demanded.
(c) All claims against the state shall be presented to the
general services division of the department of administration
and information. Claims against any other governmental entity
shall be filed at the business office of that entity. In the
case of claims against local governments the claim submitted
need not be acted upon by the entity prior to suit. For
purposes of this section, "business office" means:
(i) The county clerk of a county, including its
agencies, instrumentalities and institutions;
(ii) The city or town clerk of a city or town,
including its agencies, instrumentalities and institutions;
(iii) The secretary of a joint powers board, airport
board, public corporation, community college district board of
trustees or special district;
(iv) The superintendent of a school district;
(v) The president of the University of Wyoming.
(d) In any action under this act, the complaint shall
state:
(i) That the claim required under subsection (c) of
this section was filed in accordance with this section;
(ii) The date the claim under subsection (c) of this
section was filed;
(iii) That the claim was in compliance with the
signature and certification requirements of article 16, section
7 of the Wyoming Constitution.
(e) In any claim filed with a governmental entity under
this act, the claim shall be signed by the claimant under oath
in substantially the following format:
I, ______________, have read and understand the provisions
of the false swearing statute. I hereby certify under penalty
of false swearing that the foregoing claim, including all of its
attachments, if any, is true and accurate.
______________________ __________________
Signature of Claimant Date
______________________
Printed Name of Claimant
STATE OF WYOMING )
) ss.
COUNTY OF _____________ )
Subscribed and sworn to before me, a Notarial Officer, this
... day of ....., . ...
__________________________
Notarial Officer
My Commission Expires: (Seal).