Wyo. Stat. Ann. §§ 1-21-403, 1-21-1001 to 1-21-1017, 1-21-1201 to 1-21-1211, 1-21-1301 to 1-21-1304, 1-21-1401 to 1-21-1403 § 1-21-1005

Proceedings when defendant fails to appear.

In Force
Verified 10/26/2026 · Next check 11/2/2026
WyomingSummary Process

Operative Text

Wyo. Stat. Ann. §§ 1-21-403, 1-21-1001 to 1-21-1017, 1-21-1201 to 1-21-1211, 1-21-1301 to 1-21-1304, 1-21-1401 to 1-21-1403 § 1-21-1005
     1-21-1005.   Proceedings when defendant fails to appear.

If the defendant does not appear in accordance with a properly
served summons the circuit court shall try the action as though
he were present. Before proceeding, the plaintiff shall file a
complaint in which he relies in order to recover the premises.
The complaint must be sustained by proof or the action
dismissed.
Source: Legislative text reproduced verbatim
Plain English

Under Wyoming Stat. § 1-21-1005, when a defendant in an eviction proceeding fails to show up after being properly served with a summons, the circuit court does not automatically rule in the plaintiff's favor. Instead, the court continues the case as if the defendant were present, requiring the plaintiff to formally file a complaint and support it with actual evidence. If the plaintiff cannot substantiate the complaint with proof, the court must dismiss the action.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 26, 2026

Plain English — not legal advice.

For Property Managers

Under § 1-21-1005, a landlord pursuing eviction in Wyoming circuit court cannot simply win by default when a tenant fails to appear. A compliant operator ensures that a formal written complaint is filed and that sufficient evidence — such as lease documents, notices, and payment records — is prepared and presented to the court. Landlords who proceed without adequate proof risk having their eviction action dismissed even in the tenant's absence.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Wyoming Stat. § 1-21-1005 provides a meaningful procedural protection: even if a tenant does not appear at a hearing, the court is required to hold the landlord to a standard of proof before granting possession. Tenants who become aware of an eviction proceeding after missing a hearing may have grounds to examine whether the landlord met this evidentiary burden. Tenant-rights organizations in Wyoming can help individuals understand how this provision may apply to their circumstances and what options exist for challenging a judgment.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

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References Out

No outbound references recorded yet for this provision.

References In

Rules and statutes that cite this regulation

Wyo. Stat. § 1-21-1204
Wyo. Stat. § 1-21-1205
Wyo. Stat. § 1-21-1201
Wyo. Stat. § 1-21-1210
Wyo. Stat. § 1-21-1014
Wyo. Stat. § 1-21-1203
Wyo. Stat. § 1-21-1003
Wyo. Stat. § 1-21-1208
Wyo. Stat. § 1-21-1204
Wyo. Stat. § 1-21-1203
Wyo. Stat. § 1-21-1003
Wyo. Stat. § 1-21-1207
Wyo. Stat. § 1-21-1001
Wyo. Stat. § 1-21-1208
Wyo. Stat. § 1-21-1301
Wyo. Stat. § 1-21-1304

Related Rules

§ 1
Persons entitled to summary process
§ 3
Judgment and execution; costs; appeal
§ 5
Appeal; bond; actions thereon; waiver; appeal of waiver or periodic payments; notice of decision

Source Information

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