How to Postpone a Wyoming Small Claims Hearing

Your hearing date lands on a day you genuinely can't make — a surgery, a work trip you can't cancel, military duty. Wyoming small claims gives you a way to reschedule, but the bar is higher than most people expect, and the process has a critical detail that catches defendants off guard.

Continuances Are "Strongly Disfavored"

That's the actual language from Rule 1 of the Wyoming Rules of Civil Procedure for Circuit Courts. Judges aren't inclined to grant postponements in small claims because the entire system is designed to resolve disputes quickly. The hearing date on your summons is considered firm unless the judge specifically signs a written order changing it.

"I need more time to prepare" or "I haven't found a lawyer yet" are generally not sufficient grounds. Courts expect defendants to be ready within the 3-to-12-day service window.

What Qualifies as Good Cause

The motion must state a specific, verifiable reason. Examples to explain and document include:

• Medical emergency. A hospitalization, scheduled surgery, or medical condition documented by a physician that prevents court attendance on the hearing date.
• Mandatory military duty. Active duty service members have protections under the Servicemembers Civil Relief Act, which can delay proceedings.
• Pre-booked travel with proof. A flight or work assignment booked before you were served, with documentation showing it can't be rescheduled.
• Death in the immediate family.
• Conflicting court appearance. If you're required to appear in another court on the same date, a copy of that court's order or subpoena supports your request.

What doesn't work: general inconvenience, wanting to hire a lawyer, not feeling ready, or a verbal agreement with the plaintiff to postpone. The court doesn't honor private postponement agreements between parties.

How to File the Motion

Draft a written Motion for Continuance (or Request for Continuance) that includes:

1. The case caption (county, Circuit Court, case number, party names)
2. The current hearing date
3. The specific reason you cannot attend
4. Supporting documentation (doctor's note, military orders, flight confirmation)
5. A statement that you're requesting a new hearing date at the court's convenience

File the motion with the Circuit Court Clerk. You must also serve a copy on the plaintiff — by hand delivery or first-class mail — and attach a signed Certificate of Service to the court copy.

File as early as possible. A motion filed the morning of the hearing is much less likely to be granted than one filed several days in advance.

The Critical Detail: The Hearing Date Holds Until the Judge Signs

Filing the motion does not postpone the hearing. Reading that again is worth it: filing the motion does not postpone the hearing. The hearing date remains active until the Circuit Court judge signs a written order granting the continuance.

If you file a motion for continuance and haven't received a written order granting it before the hearing date, you must still appear. If you don't appear because you assumed the motion would be granted, the judge enters a default judgment against you.

Contact the Circuit Court Clerk before the hearing to check whether the judge has ruled on your motion. If the answer is no or "it's still pending," show up.

What Happens After a Continuance Is Granted

The judge sets a new hearing date and issues an updated notice. The plaintiff is notified of the new date. All other procedural requirements remain the same — if you have a counterclaim to file, it must be filed and served before the new hearing date.

A granted continuance doesn't change the merits of the case or give you any procedural advantage. It simply moves the calendar.

Our Wyoming small claims response guide includes a response timeline planner that tracks every deadline from service through the hearing — including the steps for requesting a continuance and confirming the court's order.

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