Wyoming Divorce Package For Defendant With Children Form
This divorce forms package is approved by the Wyoming Courts. Use of this package is limited to Defendants of divorce cases involving minor children. [/pdf]Download
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Divorce with Children Revised October 2012 Packet 2 Divorce (With Minor Children ) Forms and Procedures For Wyoming DEFENDANT 2012 Published by Wyoming Supreme Court 2301 Capitol Avenue Supreme Court Building Cheyenne, WY 82002 List of Forms Revised October 2012 Page 1 of 1 LIST OF FORMS – PACKET 2 DEFENDANT DIVORCE WITH MINOR CHILDREN 1. List of Forms 2. Overview - Divorce with Children 3. Family Law Information and Instructions 4. Checklist for Defendant 5. Answer to Complaint for Divorce (with Children) 6. Answer a nd Counterclaim to Complaint for Divorce (with Children) 7. Initial Disclosures 8. Confidential Financial Affidavit 9. Request for Setting 10. Order Setting Divorce Trial and Requiring Pretrial Statements 11. Pretrial Disclosures *All underlined form s are required in a divorce with children action where the parties agree on all of the issues. The rest of the documents required to be filed with the Clerk to complete the divorce action are contained in the Plaintiff’s Packet. It is recommended that yo u work with the Plaintiff to ensure all necessary forms are filled out correctly and completely. You will also need to sign the Decree of Divorce that is contained in the Plaintiff’s Packet before your divorce can be completed if you agree on all of the issues. **Other forms may be required by your Court. Overvi ew: Divorce (with Children) Revised October 2012 Page 1 of 3 OVERVIEW People who appear for themselves without an attorney are considered to be “self - represented” and are also known as “pro se” litigants. This packet is often referred to as the “pro se divorce packet .” These packets work best when parties are abl e to agree and become more difficult when there are children, disagreements about property, financial interests, violence, harassment or coercion. Many areas of family law are very complicated, and some courts in the State of Wyoming require certain thing s that others courts do not. Therefore, it is not possible to include all legal solutions available to people in a divorce action in a single packet. Again , this packet will be most useful for people involved in an uncontested divorce (i.e., you both agr ee on all matters) . There are other types of actions available, including temporary orders on child custody, support, alimony and restraining orders that are not included in this packet and might be easier to obtain with an attorney. These forms have bee n created to benefit the majority of people who represent themselves while also understanding that people with complex or emergency circumstances may continue to find themselves better served by getting an attorney. We hope you find this packet and the r esources that it contains helpful. This information packet is intended to provide general information to obtain a divorce. There is no guarantee these forms are still accurate and/or current. The information in this packet is not intend ed to replace an attorney. If you represent yourself, YOU PROCEED AT YOUR OWN RISK. You must decide which forms apply to your situation. DO NOT USE all forms, as some forms may not apply. Fill out the necessary forms completely and correctly. Pri nt or type all of the documents. DO NOT SIGN YOUR NAME WHERE THE JUDGE OR CLERK SHOULD SIGN. DOMESTIC/FAMILY VIOLENCE: If you or your children have been a victim of family (domestic) violence, it is recommended that you find an attorney to help you. There may be assistance available even if you cannot afford an attorney. Contact the Wyoming Coalition Against Domestic Violence & Sexual Assault (1 -307 -755 -0992), Legal Aid of Wyoming ( 1 -877 -432 -9955) or the Wyoming State Bar (1 -307 -632 -9061) www.wyomingbar.org. If you have concerns about confidential information such as addresses and/or social security numbers, please consult an attorney and do not attempt to do this on your own. You should also know that Protection Orders and Stalking Orders are available free of charge at the circuit court clerk’s office. Please call the Wyoming Coalition Against Domestic Violence & Sexual Assault for assistance in obtaining domestic violence protection or stalking orders (1 -307 -755 -0992). If you have ever obtained a protec tion order involving your spouse, you should include this information in the Complaint for Divorce or Counterclaim under the “Other Proceedings” section. Overvi ew: Divorce (with Children) Revised October 2012 Page 2 of 3 LAWS: All laws and rules that apply to attorneys apply to you. It is your responsibility to properly prepare and file the necessary documents. The Judge wil l not sign orders that are incorrect or incomplete, nor will the Judge give you legal advice or make corrections for you. You should read Title 20 of the Wyoming Statutes (the divorce laws), and you should also read the Wyoming Rules of Civil Procedure. M ost of the District Courts in the State of Wyoming have a courthouse library or county library where these laws and rules can be read. You may also look up these laws and rules on the internet at: www.courts.s tate.wy.us and clicking on “law library .” Some courts have special forms they want you to use in addition to the forms contained in this packet. Check with the clerk before you file your documents. Clerks May Not Help You Fill Out the Forms. Unless yo ur county has a court facilitator, employees in the Clerk of District Court’s office and in the Judge’s office cannot he lp you or give you legal advice. The Judge Cannot Talk to You, Answer Your Questions or Assist You. Ex parte communication is comm unication with the Judge with only one party present. If you have something you need to tell the Judge, you must ask for a hearing and give notice to the other party or file a written statement in the Court file and send a copy of the written statement to the other party. Situations that Need an Attorney. Federal law may impact the division of retirement benefits, employer -provided health insurance, or other benefits which arise out of the employment of either party , and your settlement terms may not be honored by the employer or the plan administrator of the employee benefits plan if your divorce decree is not properly completed or if a “qualified domestic relations order” (QDRO) is required. In addition, in the division of retirement benefits, there may be tax consequences which you may not anticipate. If your divorce involves issues like these, see an attorney to discuss tax consequences or the terms of a QDRO, or, if dealing with insurance issues, a “qualified medical child support order .” In a ddition to the above situations, you should consult an attorney if: You are a vic tim of domestic/family violence The other party hires an attorney You or the other party are contemplating filing bankruptcy You or the other party expect to receive money be cause of a personal injury You or the other party own a business You or the other party have significant assets or debts You or the other party own real estate Truthfulness. It is absolutely essential that you be completely honest and accurate in complet ing all forms. There are penalties for attempting to mislead the Court. Overvi ew: Divorce (with Children) Revised October 2012 Page 3 of 3 You should read Wyoming Rules of Civil Procedure, Rule 11 (representations to the court) and Wyoming Statute § 6 -5-301 (perjury). Unauthorized Practice of Law Notice. The purpose o f this packet is to assist those persons who are doing their own divorce. It may be an unauthorized practice of law for a person who is not a licensed attorney to assist others in obtaining a divorce. Such practice could subject a guilty party to punishm ent for contempt of court. You are reminded that if you choose to continue without an attorney, you are expected to know what to do and how to do it. The Wyoming Supreme Court has said: “A pro se litigant (one without an attorney) will be granted no grea ter right than any other litigant and he must expect and receive…the same treatment as if represented by an attorney…” In other words, if you do not have an attorney you will be held to the same standards as a person with an attorney. Family Law Information and Instructions Revised October 2012 Page 1 of 9 FAMILY LAW INFORMATION AND INSTRUCTIONS CONFIDENTIALITY: If you have concerns about keeping information confidential , such as your address and/or social security number, please consult an attorney. You should also know that Domestic Violence Protection Orders or Stalking Orders are available free of charge at the circuit court clerks’ offices. You may request assistance in obtaining Domestic Violence Protection or Stalking Orders from your local domestic violence or sexual assault program or you may ca ll the Wyoming Coalition Against Domestic Violence & Sexual Assault (1-307 -755 - 0992) . There are also private attorneys who may be willing to assist clients in these matters. If you have ever obtained a Domestic Violence Protection Order, this informatio n should be indicated in the Complaint for Divorce or the Counterclaim . A Domestic Violence Protection Order generally will be i n effect for up to one (1) year, and any provision included in that order (such as child custody and/or support) will end when the order expires. If any orders are entered as part of your divorce, custody or paternity action, those orders trump conflicting pro visions in a domestic violence protection or stalking order. Read through the following information and instructions bef ore completing the forms. Information : A divorce action starts with the filing of the Complaint for Divorce . A Complaint for Divorce is a written request to the court for a divorce. The person who originally asks for this legal action is called the Plaintiff and remains the P laintiff throughout the case. The Plaintiff will file the Complaint for Divorce with the Clerk of the District Court , whose office is usually located in the county courthouse or a branch of the county courthouse. A case number, also called a civil action number , is assigned and an official court file is opened. Delivering the Complaint for Divorce to the Clerk’s office is called filing a case. Once a case has been filed, a copy must be formally given to (a/k/a served on ) the Defendant. The person against whom the original legal action is being requested is called the Defendant , and he or she is expected to answer the Complaint for Divorce . The Defendant remains the Defendant throughout the case. Personal service of th e Complaint for Divorce and Summons on the Defendant by a Sheriff is required for the Complaint for Divorce unless the Defendant completes an Acknowledgment and Acceptance of Service form. Formal service is required for the Complaint for Divorce so the Co urt has proof that the Defendant actually received the papers. Other forms of service exist, but these are the easiest methods that meet the formal service requirement for a Complaint for Divorce . Case Number : When you start a lawsuit by filing the paperw ork with the Clerk of the District Court, a case number will be assigned by the Clerk. You must include that case number on all further paperwork in the “ caption .” The caption is the top section of a pleading, motion, and complaint stating the name of the Plaintiff, Defendant, the District Court the case is filed in and the case number. Family Law Information and Instructions Revised October 2012 Page 2 of 9 Instructions : STEP 1. Answer or Answer and Counter claim. Two options exist – you may either answer the Complaint for Divorce or answer and file a counterclaim. Both options are explained below: OPTION A . Answer to Complaint for Divorce . If you have been served or have signed an Acknowledgement and Acceptance of Service form, you should file an Answer to Complaint for Divorce with the Clerk of District Court where the Complaint for Divorce was filed. An Answer to Complaint for Divorce is a written document explaining to the court exactly which prov isions you agree with and which provisions you deny. If you fail to answer, a default judgment may be entered against you and your spouse may be entitled the relief he or she asked for in the Complaint for Divorce . You must fill in the caption. DO NOT f orget to include the case number. This is located in the caption of the Summons and/or Complaint for Divorce . i. Admit or Deny. To answer the papers, you should go through each and every paragraph of the Complaint for Divorce and either “admit” or “de ny” each paragraph. If you do not have sufficient information to either admit or deny a particular allegation, you must state that in your Answer to Complaint for Divorce . If you disagree with something and you fail to “deny” it in your Answer to Complai nt for Divorce , the Judge can find that you admitted it. ii. Time limit to answer. You have only a limited amount of time to file an Answer to Complaint for Divorce . Generally, if you were served within the State of Wyoming, you will have 20 days to fi le the Answer to Complaint for Divorce . If you were served outside the State of Wyoming, you generally will have 30 days to file an Answer to Complaint for Divorce . If you do not file an Answer to Complaint for Divorce by your deadline, then your spouse may obtain a Decree of Divorce giving him/her everything he/she requested in the Complaint for Divorce . iii. Computation of Time Limits . In computing most time limits, unless otherwise stated, the day the pleading is served shall not be included. The la st day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, or, when the act to be done is the filing of a paper, a day on which weather or other conditions have made the office of the clerk of the court inacc essible, in which event the period runs until the end of the next day which is not one of the aforementioned days. When the period of time prescribed or allowed is less than 11 days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. A "legal holiday" includes any day officially recognized as a legal holiday in this state by designation of the legislature or appointment as a holiday by the governor. Family Law Information and Instructions Revised October 2012 Page 3 of 9 NOTE: If you have any question or concerns as to when the deadline to file the Answer to Complaint for Divorce is, you should consult an attorney. iv. REQUIRED INFORMATION FOR CHILDREN : Certain information is required to be given under oath for each child, unless you have a court order or are operating under another law allowing you to maintain confidentiality of addresses or other identifying information. If the information is not provided, the court, upon motion of a party or its own motion, may stop the case from going forward until the information is provided. The in formation necessary is included in the Answer and the Answer and Counterclaim . v. Notarizing Signatures : You will need to sign the Answer to Complaint for Divorce and hav e it notarized. Nota rial Officers may administer the oath and witness your signatur e, or in many cases, clerks of court will be willing to administer the necessary oath. Each clerk’s office has their own policy so check with them first before seeking notarization of your signature on the forms. vi. Certificate of Service : Copies of all documents sent to or filed with the court must be sent to the Plaintiff before the judge will consider them. This certificate is included at the end of each document that requires it. vii. Copies : Make two (2) copies of the document. The original will be filed by the Clerk of District Court, one copy is for the Plaintiff and the other copy is for you (the Defendant). You will need to repeat this step for all documents you file with the Clerk’s office. OR OPTION B. Answer and Counterclaim for Divorce . If you want the Judge to grant relief to you (for example, give you the divorce, award property to you, order your spouse to pay alimony, take your previous last name back, etc.) you should file an Answer and Counterclaim for Divorce . An Answer and Counterclaim for Divorce responds to the Complaint for Divorce and gives you an opportunity to tell the court what you want to happen with the divorce. First, you will go through each and every paragraph of the Complaint for Divorce and either “admit” or “deny” each paragraph. Second, the Counterclaim for Divorce portion of the document asks the Judge to give you what you want. You must fill out all of the information in the Answer and Counterclaim for Divorce completely. i Restoration of Wife’s pre vious name : The wife should state whether or not she would like to resume her prior name in either the Complaint for Divorce if she is the Plaintiff, or in a Counterclaim if she is the Defendant. This is the wife’s choice ONLY; the husband cannot demand that his wife’s name be changed. ii. Follow Step A(ii) through Step A(vii) above. Family Law Information and Instructions Revised October 2012 Page 4 of 9 NOTE: If you have any question or concerns as to when the deadline to file the Answer and Counterclaim for Complaint for Divorce is, you should consult an attorney. iii . Plaintiff’s Reply to Your Counterclaim. The Plaintiff must reply to the Counterclaim . If you file a Counterclaim , the Plaintiff will have 20 days to “reply” by filing a Reply to Counterclaim . The Plaintiff will either admit or deny the separate allega tions in your Counterclaim. If the Plaintiff fails to reply to the Counterclaim , you may be entitled to file Default paperwork seeking the relief you request in your Counterclaim. STEP 2. Initial Disclosures. The law requires certain information be ma de available at least thirty (30) days after the Defendant is served, including a schedule of financial assets; schedule of non -financial assets; schedule of all debts owed individually or jointly; location(s) of safety deposit box(es); employment informat ion; information regarding other income and retirement accounts; and a summary of the facts believed to support the claim of superior entitlement to custody where child custody is at issue. EXCEPTON : If you and the Plaintiff agree on all issues in your divorce and you both are signing the Decree of Divorce , then you do NOT need to complete the Initial Disclosures and you can move on to Step 3 . A. WHEN TO SERVE : Initial Disclosures must be sent to the Plaintiff (or his/her attorney) WITHIN 30 DAYS AFTER YOU ARE SERVED. Be sure to keep a copy of this document for your records. B. DO NOT FILE THE INITIAL DISCLOSURES WITH THE CLERK . This form is only given to the Plaintiff (or his/her attorney). STEP 3. Fill out a Confidential Financial Affidavit . A. Fill ou t a Confidential Financial Affidavit and attach all required documents. Both parties are required to file a Confidential Financial Affidavit with the court with all the necessary supporting documentation. Required Attachments. The Confidential Finan cial Affidavit must be supported with documentation of both current and past earnings. Proper documentation of current earnings i ncludes, but is not limited to pay stubs, employer statements, or receipts and expenses if self -employed. Documentation of curr ent earnings shall be supplemented with copies of the most recent tax return to provide verification of earnings over a longer period. Include copies of income tax returns for the previous two years and your most recent pay stub(s) to show how much you hav e made so far this year. Family Law Information and Instructions Revised October 2012 Page 5 of 9 The Confidential Financial Affidavit may be filed with the Clerk’s office at the same time you file your Answer or Answer and Counterclaim. STEP 4. If you and the Plaintiff agree on all of the terms in the Decree of Divorce , s ign bot h documents in front of a notarial officer . Here is some important information about the Decree of Divorce : The Decree of Divorce will need to be filled out complete ly, signed by you and the Plaintiff and both of your signatures need to be notariz ed. Custody and Visitation . You and the Plaintiff need to determine which custody and visitation plan will apply in your circumstances. It is unusual for the Court not to award any visitation or supervised visitation for the non -custodial parent . o If there is a concern that your child(ren) may be harmed by the other parent physically and/or emotionally, you should seek advice from someone familiar with parenting and child development issues. There may be an organization in your community that can he lp facilitate visitation between the children and you or the other parent. You can also contact the facilitators of any parenting classes in your community for ideas or additional resources. Factors to be considered for awarding custody and visitation . The Decree of Divorce contains several options for custody and visitation arrangements. I deally , both parents will work together to select the proper custody and visitation plan depending upon the family circumstances. In awarding custody and setting forth a visitation plan, Wyoming law requires that the Court consider the following factors : 1. The geographic location of each parent; 2. Each parent's willingness and ability to perform the child care duties associated with the child(ren), relative to the ch ild(ren)'s stage of development such as feeding, changing, bathing, preparing the child(ren) for school, taking responsibility for the child(ren)'s homework, etc.; 3. Each parent's ability to care for the child(ren)'s needs (consider not only historical invol vement but a parent's willingness and ability to learn the necessary skills, as well); 4. The lack of hostility between the parents; 5. The ability of both parents' work schedules and the child(ren)'s schedule to accommodate extended access; 6. The child(ren)'s age (s) and strength of attachment to each parent; 7. The child(ren)'s relationship with his/her friends. Family Law Information and Instructions Revised October 2012 Page 6 of 9 Child’s interests should control. The use of a calendar for scheduling purposes is highly recommended. The parents' work schedules and the child(ren)'s sc hool and extracurricular activities need to be considered when developing a visitation plan . This is especially true for those parents who do not enjoy a traditional work week. While visitation should be an enjoyable and enriching experience, it is an ob ligation and responsibility for each parent as well as a right and a privilege. Both parents must also have a good faith commitment to developing and carrying out a visitation plan . You need to focus on what type of schedule would be in the child(ren)’s best interest. Parenting classes . At any time the Court may require parents to attend appropriate parenting classes, including, but not limited to, parenting classes to lessen the effects of divorce on children. Both parents are generally required to attend classes when they are ordered. If the class is ordered, you MUST file a Certificate of Completion with the Clerk ’s office. This certificate is provided by the class instructor. Child Support Payments . You will need to determine the amount of chi ld support due based upon the Confidential Financial Affidavits you and the P laintiff completed . You may use the Child Support Computation Form as a guide to help you calculate the support due. Another option is to go online to: http://www.laramiecounty.com/_departments/_district_court/calculator.aspx to calculate child support. You CANNOT agree that no support will be paid . The statutes allow for a reduced amou nt of support when you agree on joint physical custody and each parent keeps the child(ren) overnight for more than forty percent (40%) of the year and both parents contribute substantially to the expenses of the children in addition to the payment of chil d support. Where the combined net monthly income of both parents is less than eight hundred and thirty three dollars ($833.00), the non -custodial parent has to pay twenty -five percent (25%) of his/her net income, but the minimum amount of child support a person has to pay cannot be less than fifty dollars ($50.00) per month for each family unit in which there are children to whom the noncustodial parent owes a duty of support. There are NO DEVIATIONS from the presumed support allowed UNLESS the Court CHOO SES to deviate from the set amount because the amount was unjust or inappropriate in the particular case. The Court must include the specific reasons for deviation in the Decree of Divorce . Family Law Information and Instructions Revised October 2012 Page 7 of 9 NO AGREEMENTS FOR LESS THAN THE PRESUMED SUPPORT CAN BE APPROVED IF GOVERNMENT OR STATE BENEFITS (SUCH AS MEDICAID (TITLE 19), FOOD STAMPS, POWER, ETC. ) ARE BEING PROVIDED ON BEHALF OF ANY CHILD. This means the Court cannot lower the amount of child support calculated by using the net income of you and the Plaintiff even if you and the Plaintiff agree to a lower amount of support. Medical Support . The law requires that m edical support for the child(ren) be included as part of any child support order. T he Court shall order either or both of the parents to provide med ical support, if insurance can be obtained at a reasonable cost and the benefits under the insurance policy are accessible to the children. This may include dental, optical or other health care needs for the child(ren). In addition, the Court will order that any medical expenses not covered by insurance and any deductible amount on the required insurance coverage be paid by one or both parents. If both parents are ordered to pay for expenses not covered by insurance, the Court will specify the proportion for which each parent is responsible (for example, 50% to Plaintiff and 50% to Defendant). When will your divorce become final ? Your divorce will not be final until the judge signs the Decree of Divorce and it is filed with the Clerk of Court . It may t ake several days for the judge to sign the Decree of Divorce . You must verify with the Clerk ’s office that the Decree of Divorce has been file -stamped before you can be sure your divorce is final. The time limit to appeal a decree begins to run from the day the Decree of Divorce is filed with the Clerk ’s office. STEP 5. If you and the Plaintiff do NOT agree on all issues of your divorce, you will need to have a trial : A. Trial . If you and the Plaintiff cannot agree on all issues, your case will have to be heard and decided by a J udge at a trial. Caution : It is strongly recommended that you hire or find an attorney to represent you at trial, though you may represent yourself. You proceed at your own risk and will be expected to know the laws. B. Request a trial date. If the Plaintiff has NOT done so, y ou will need to request a hearing by completing a Request for Setting . Write in “trial” where it asks the type of hearing. Indicate how much time you think it will take for you and the other party to pres ent your evidence and write that in (usually one (1) to three (3) hours). You also need to decide whether or not you want a Court reporter to record the proceeding. If you request a Court reporter, you will be responsible for paying the fees. SEE BELOW F OR DETAILS ON GETTING A COURT Family Law Information and Instructions Revised October 2012 Page 8 of 9 REPORTER. If a hearing is not recorded by an official court reporter, a transcript of the hearing will not be available. It is very difficult to appeal the Judge’s decision if you do not get a Court reporter to take down eve rything that is said at the trial. You must file the Request for Setting and the Order Setting Divorce Trial and Requesting Pretrial Statements with the Clerk ’s office and someone there will fill in the hearing date and time and mail a copy to you and t he other party. You will need to provide an addressed, st amped envelope for you and the Plaintiff to the Clerk . Once a trial date has been set, do the following: C. Pretrial Disclosures . - Both parties must provide to the other party AND PROMPTLY FIL E WITH THE COURT the Pretrial Disclosures regarding the evidence that it may present at trial. If you have questions, you should contact an attorney. When are the Pretrial Disclosures due? Unless otherwise directed by the Court , these disclosures must be made at least 30 days before trial . Take the original and two (2) copies to the Clerk for filing. Keep one copy for your records and send the other copy to the Plaintiff (or his/her attorney). Settlement before trial. In the event that your case sett les before the trial, you must present the Court with the completed and signed Decree of Divorce in writing before the Court will take the trial off of the schedule. There will be no continuances or canceling of the trial date based on telephone calls. If you need a continuance, you should contact an attorney for assistance in seeking one. Court reporter. If you wish to have a Court reporter you are required to provide notice to the official Court reporter at least three (3 ) working days before the matt er is set for hearing. The three -day notice requirement will not be waived by the Court . The notice is required for all civil matters including jury trials. Payment of the statutory reporting fee of $45.00 per day must be paid to the official Court repo rter prior to the commencement of the hearing/trial. Checks for the statutory reporting fee shall be made payable to the Wyoming State Treasurer. Evidence and witnesses. At the hearing, you will need to present your evidence and witnesses. If the Ord er Setting Divorce Trial and Requesting Pretrial Statements is entered (signed by the J udge), you must follow the terms and provide the Court with the information requested in that document, including copies of exhibits you want to introduce at the trial a nd a list of your proposed witnesses and what their testimony is going to be about within the time frame ordered (usually 3 to 5 days prior to the trial). Under the law, the Judge cannot help you or assist you at trial. You are on your own without an att orney. Final Decision ( Decree of Divorce ). Following the trial, the J udge will make a decision or may take the matter under advisement, meaning he or she will need to think further Family Law Information and Instructions Revised October 2012 Page 9 of 9 before m aking a determination. If the J udge instructs you, you must take that decision and type it into the Decree of Divorce incorporating the J udge’s decision. You are again reminded that, if you choose to continue without an attorney, you are expected to know what to do and how to do it. The judge will not guide you throu gh the trial/hearing, tell you how to proceed or advise you on the law. When will your divorce become final ? Your divorce will not be final until the judge signs the Decree of Divorce and it is filed with the Clerk of Court . It may take several days for the judge to sign the Decree of Divorce . You must verify with the Clerk ’s office that the Decree of Divorce has been file -stamped before you can be sure your divorce is final. The time limit to appeal a decree begins to run from the day the Decree of Div orce is filed with the Clerk ’s office. RECAP for Defendant’s Documents : 1. File an Answer or Answer and Counterclaim within 20 days from the date you were served (or 30 days if served out of state) Mail a copy to the Plaintiff and keep a copy for your re cords 2. File a Confidential Financial Affidavit and the required attachments Mail a copy to the Plaintiff and keep a copy for your records 3. Assist the Plaintiff in filling out the Decree of Divorce if you both agree on all of the terms. Sign the Decree of Divorce in front of a notar ial officer. 4. If you and the Plaintiff do NOT agree on all of the terms, and a trial is needed, follow these steps: a. File a Request for Setting and Order Setting Divorce Trial and Requiring Pretrial Statements ONLY if the Plaint iff has NOT done so. b. Take an original and two (2) copies of the Order Setting Divorce Trial and Requiring Pretrial Statements for filing with the Clerk and two (2) addressed, stamped envelopes (one addressed to you and one to the Plaintiff with enough post age to cover the cost of mailing the Order Setting Divorce Trial and Requiring Pretrial Statements to you and the Plaintiff ). c. File your Pretrial Disclosures 30 days before the trial date. Mail a copy to the Plaintiff and keep a copy for your records (do not file with the Court) d. At least 3 working days before the trial, request a court reporter, if desired (and if the Plaintiff has not already done so) e. Attend the Trial f. Complete and file any additional documents required by your Court. Your divorce is fin al when the Decree of Divorce has been signed by the Judge and filed by the Clerk. Checklist for Packet 2 October 2012 Pa ge 1 of 2 CHECKLIST FOR PACKET 2 DEFENDANT DIVORCE WITH MINOR CHILDREN These forms are required in all divorce cases where you and the Plaintiff agree on all of the issues: Answer to Complaint for Divorce (with Children) ; and Confidential Financial Affidavit You wi ll also need to work with the Plaintiff to complete the Decree of Divorce (with Children) and sign it in front of a Nota rial Officer . STEP 1. If you were served with a copy of the Summons and Complaint for Divorce or if you signed an Acknowledgement and Acceptance of Service, file one of the following: Answer; OR Answer and Counterclaim Take an original and 2 copies of the Answer or Answer and Counterclaim to the Clerk for filing . Mail a copy to the Plaintiff and k eep a copy for your records. STEP 2. File a Confidential Financial Affidavit and include the required attachments. Note: This may be filed at the same time as the Answer or Answer and Counterclaim . Con fidential Financial Affidavit If employed, attach tax returns for prior 2 years; and Attach statement of earnings for the current year; OR If self -employed, attach verified income and expense statem ents for prior two years; and Attached tax returns for prior two years. STEP 3. Complete the Initial Disclosures Send the Initial Disclosures to the Plaintiff within 30 days after you were personally served by the Sher iff or signed the Ackn owledgment and Acceptance of Service form. DO NOT FILE the Initial Disclosures with the Court. Exception : If you and the Plaintiff agree on all issues in your divorce and you both are signing the Decree of Divorce , then you do NOT need to complete the Initial Disclosures and you can move on to Step 4 . STEP 4. If you and the Plaintiff agree on all of the terms in the Decree of Divorce , sign it in front of a Nota rial Officer . Sign the Decree of Di vorce A copy will be mailed to you if the Judge signs the Decree of Divorce. Your divorce will be complete when the Judge signs the Decree of Divorce and it is filed with the Clerk. Checklist for Packet 2 October 2012 Pa ge 2 of 2 STEP 5. If you and the Plaintiff do NOT agree on al l of the issues of your divorce, fill out and file the following forms and attend the trial to finish your Divorce: *Caution: It is strongly recommended that you hire or find an attorney to represent you at trial, even though you may represent yourself. You proceed at your own risk and will be expected to know the rules and laws. If the Plaintiff has NOT requested a trial date, you must request one. Request for Setting Order Setting Divorce Trial and Requesting Pretrial Statements (Judge will fill out date and time) Take original and two copies to the Clerk for fi ling Take an envelope addressed to you with postage for the Clerk to mail a copy of the Order Settin g Divorce Trial and Requesting Pretrial Statements to you Take an envelope addressed to the D efendant with postage for the Clerk to mail a copy of the Order Setting Divorce Trial and Requesting Pretrial Statements to the Plaintiff Mail a copy of the Request for Setting to the Plaintiff and keep a copy for your records. Once a trial date has been set, do the following: Pretrial Disclosures and Pretrial Memorandum File at least 30 days before the trial date Take original and two copies to the Clerk for filing Mail copy to the Plaintiff and k eep a copy for your records At least 3 working days before the trial, request a court report er if desired and if the Plaintiff has not already done so. Attend the Trial : Present your evidence and witnesses. Additional Forms : The Court may also require additional forms depending on the county where your case i s filed. As k the Clerk if additional forms are required: Copies and Envelopes for each additional form: Take an original and 2 copies of each additional form to the Clerk for filing Mail a copy of any additional form filed with the Clerk to the Plaintiff and k eep a copy for your records Your divorce will be complete when the Judge signs the Decree of Divorce and it is filed with the Clerk. Answer to Complaint for Divorce (with Children) Revised October 2012 Page 1 of 5 STATE OF WYOMING ) IN THE DISTRICT COURT ) ss COUNTY OF ________________ ) _______________ JUDICIAL DISTRICT Plaintiff:____________________________, ) Civil Ac tion Case No. ___________ (Print name of person filing) ) ) vs. ) ) Def endant: __________________________ . ) (Spouse) (Print name) ANSWER TO COMPLAINT FOR DIVORCE (with Children) The Defendant sets forth the following as the answers and responses to Plaintiff’s Complaint for Divorce (with Children ): 1. Defendant admits the allegations in Par agraphs (list paragraphs that are accurate statements) of Plaintiff’s Complaint for Divorce . 2. Defendant denies the allegations in Paragraphs (list paragraphs that you believe are not accurate ) of P laintiff’s Complaint for Divorce . 3. Defendant does not have information sufficient to either admit or deny the allegations in Paragraphs . 4. The Plaintiff and I are the natural or adoptive parents of the following minor child(ren): Child’s initial s: Child’s year of birth : Present address: Name( s) of person(s) with whom child( ren ) have lived with during the past 5 years Beginning Ending Date Date Present address of person(s) with whom child(ren) lived with during this period Attach a separate sheet if necessary Answer to Complaint for Divorce (with Children) Revised October 2012 Page 2 of 5 Child’s initials : Child’s year of birth : Present address: Name( s) of person(s) with who m child( ren ) have lived with during the past 5 years Beginning Ending Date Date Present address of person(s) with whom child(ren) lived with during this period Attach a separate sheet if necessary Child’s initials : Child’s year of birth : Present a ddress: Name( s) of person(s) with whom child( ren ) have lived with during th e past 5 years Beginning Ending Date Date Present address of person(s) with whom child(ren) lived with during this period Attach a separate sheet if necessary Child’s initials : Child’s year of birth : Present address: Name(s) of person(s) with whom child (ren ) have lived with during the past 5 years Beginning Ending Date Date Present address of person(s) with whom child(ren) lived with during this period Attach a separate sheet if necessary 5. I have not participated as a party or a witness or in any o ther capacity in any other court case concerning the custody of the minor child(ren) , and no other court proceedings concerning the minor child(ren) (including proceedings for enforcement, domestic violence, protective orders, termination of parental right s or adoptions) are currently pending in the State of Wyoming or in any other state; OR Answer to Complaint for Divorce (with Children) Revised October 2012 Page 3 of 5 I have participated as a party or witness or in another capacity in another court proceeding concerning the custody, allocation of decision -making, or visitation/parenting time of the child(ren) listed in this Answer to Complaint for Divorce as follows: (Please be specific and include the case number, court, state and nature of case, date of child -custody determination, if any, and the initials of the child(ren) involved ) 6. I know of no person not a party to these proceedings who has physical custody of the minor child(ren) or who claims to have custody or visitation rights with respect to the minor chil d(ren); OR The following people are not parties in this matter, but have physical custody of the child(ren) or claim rights of parental responsibilities, legal custody or physical custody, or visitation/parenting time with the child(r en): (List Names and Addresses ) WHEREFORE , Defendant respectfully requests that the court find generally in her/his favor and against the Plaintiff, that Plaintiff take nothing by way of his/her Complaint for Divorce , and for such other and further relief as the court deems just and proper. DATED this _______ day of ___________________________, 20___. Signature Printed Name: Address: Phone Number: STATE OF WYOMING ) ) ss. COUNTY OF ____________ ) The Defendant, ___________________________________, under the penalty of perjury, verifies that she/he has read the Answer to Complaint for Divorce (with Children) , knows the contents of the Answer , and that the statement s in the Answer, Answer to Complaint for Divorce (with Children) Revised October 2012 Page 4 of 5 including the required statements about the child(ren) are true to the best of her/his own knowledge. DATED this _____ day of ___________________, 20 _______. Signature Printed Name: Address: Phone N umber: Subscribed and sworn to before me this ______ day of ______________ _______ , 20 ______ . Witness my hand and official seal. Notarial Officer My Commission Expires: C E R T I F I C A T E O F S E R V I C E I certify that on (date) the original of this document was filed with the Clerk of District Court; and, a true and accurate copy of th is document was served on the other party by Hand Delivery OR Faxed to this number OR by placing it in the United States mail, postage pre -paid, and addressed to the following: (Print Plaintiff/Plaintiff’s Attorney’s Name and Address) TO: ______________________________________ ______________________________________ ______ ________________________________ Your signature Print name Answer to Complaint for Divorce (with Children) Revised October 2012 Page 5 of 5 -------------------------------------------------- Fill in, if applicable ---------------------------------- Pursuant to Rule 102(a)(1)(B) of the Wyoming U niform Rules of District Court the following attorney has participated in the preparation of this pleading but said attorney is NOT deemed to have entered an appearance in this matter: _________________________________ Attorney’s Name Attorney’s Address/ Telephone: __________________________________ __________________________________ __________________________________ __________________________________ Answer and Counterclaim to Complaint for Divorce (with Children) Revised October 2012 Page 1 of 6 STATE OF WYOMING ) IN THE DISTRICT COURT ) ss COUNTY OF ________________ ) _______________ JUDICIAL DISTRICT Plaintiff:____________________________, ) Civil Ac tion Case No. ___________ (Print name of person filing) ) ) vs. ) ) Def endant: __________________________ . ) (Spouse) (Print name) ANSWER AND COUNTERCLAIM TO COMPLAINT FOR DIVORCE (WITH CHILDREN) The Defendant set s forth the following as the answer s and response s to Plaintiff’s Complaint for Di vorce (with Children) : 1. Defendant admits the allegations in Par agraphs (list paragraphs that are accurate statements) of Plaintiff’s Complaint for Divorce . 2. Defendant denies the allegations in Paragraphs (list paragraphs that you believe a re not accurate ) of Plaintiff’s Complaint for Divorce . 3. Defendant does not have information sufficient to either admit or deny the allegations in Paragraphs . WHEREFORE , Defendant respectfully requests that the court find generally in her/his favor and against the Plaintiff, that Plaintiff take nothing by way of his/her Complaint for Divorce , and for such other and further relief as the court deems just and proper. COUNTER CLAIM DEFENDANT , Husband Wife , sets forth the following as the counter claim to Plaintiff’s Complaint for Divorce (with Children) : Answer and Counterclaim to Complaint for Divorce (with Children) Revised October 2012 Page 2 of 6 1. Defendant is a resident of ___________________ County , Wyoming, and has lived in the State of Wyoming for more than sixty (60) days immediately prior to the filing of this Answer and Counterclaim. (If not, did marriage take place in Wyoming and have you resided in this state from the time of the marriage until the filing of the Answer and Counterclaim? yes no .) 2. Plaintiff and Defendant were married to each other on in (Date of Marriage ) . (City, County and State where marriage took place ) 3. The Plaintiff and Defendant separated on . (Date of Separati on) 4. Irreconcilable di fferences exist in the marriage and Defendant is the aggrieved party in this case and should be grant ed a divorce from the Plaintiff. 5. The Plaintiff and I are the natural or adoptive parents of the following minor child(ren): Child’ s initials : Child’s year of birth : Present address: Name( s) of person(s) with whom child( ren ) have lived with during the past 5 years Beginning Ending Date Date Present address of person(s) with whom ch ild(ren) lived with during this period Attach a separate sheet if necessary Child’s initials : Child’s year of birth : Present address: Name( s) of person(s ) with whom child( ren ) have lived with during the past 5 years Beginning Ending Date Date Present address of person(s) with whom child(ren) lived with during this period Attach a separate sheet if ne cessary Answer and Counterclaim to Complaint for Divorce (with Children) Revised October 2012 Page 3 of 6 Child’s initials : Child’s year of birth : Present a ddress: Name( s) of person(s) with whom child( ren ) have lived with during the past 5 years Beginning Ending Date Date Present address of person(s) with whom child(ren) lived with during this period Attach a separate sheet if necessary Child’s initials : Child’s year of birth : Present address: Name(s) of person(s) with whom child (ren ) have lived with during the past 5 years Begin ning Ending Date Date Present address of person(s) with whom child(ren) lived with during this period Attach a separate sheet if necessary 6. T hat the child(ren) named in this Complaint for Di vorce have have not been in the State of Wyoming for a period of six (6) months or more immediately before filing this Complaint . (If not, seek the ad vice of a lawyer before filing .) 7. I have not parti cipated as a party or a witness or in any other capacity in any other court case concerning the custody of the minor child(ren) , and no other court proceedings concerning the minor child(ren) (including proceedings for enforcement, domestic violence, prote ctive orders, termination of parental rights or adoptions) are currently pending in the State of Wyoming or in any other state; OR I have participated as a party or witness or in another capacity in another court proceeding concerning the custody, allocation of decision -making, or visitation/parenting time of the child(ren) listed in this Answer and Counterclaim as follows: (Please be specific and include the case number, court, state and nature of case, date of child -custody determinat ion, if any, and the initials of the child(ren) involved ) Answer and Counterclaim to Complaint for Divorce (with Children) Revised October 2012 Page 4 of 6 8. I know of no person not a party to these proceedings who has physical custody of the minor child(ren) or who claims to have custody or visitati on rights with respect to the minor child(ren); OR The following people are not parties in this matter, but have physical custody of the child(ren) or claim rights of parental responsibilities, legal custody or physical custody, or visitation/parenting time with the child(ren): (List Names and Addresses ) 9. To the best of my knowledge, Wife is not pregnant, OR Wife is pregnant (If pregnant, consult an atto rney. Your divorce may not be able to be final until after the baby is born) and The baby is due on or about (date), (and, check one space below): The Plaintiff and Defendant are the biological parents of the child, OR Plaintiff is not the biological parent of the child, OR Defendant is not the biological parent of the child. 10. Plaintiff OR Defendant is a fit and proper person to have the pr imary care, custody and control over the minor child(ren) subject to the other parent’s right of reasonable visitation; OR Both parties are fit and proper persons to share custody and control over the minor child(ren). 11 . Plaintiff OR Defendant is capable of paying child support in an amount determined by the Wyoming Child Support Guidelines. 12. The Court should order that Plaintiff OR Defendant OR Both Parents provide medical insurance for the minor child(ren) if it can be obtained through an employer or if it is otherwise reasonably available and that Plaintiff OR Defendant OR Both P arents be liable to pay any medical expenses, including any deductible or co -pay, not covered by insurance coverage. 13. The parties have accumulated certain property and d ebts during the course of their marriage which should be equitably divided by the Court. 14. The Court should award Plaintiff OR Defendant spousal support/alimony in a reasonable amount to be determined by the court; OR Neither party should be awarded spousal support/alimony. 15. The Wife’s previous name may be restored if she desires. Answer and Counterclaim to Complaint for Divorce (with Children) Revised October 2012 Page 5 of 6 WHEREFORE , the Defendant respectfully requests that the Court: 1. Grant the Defendant a divorce from the Plaintiff and dissolv e the marriage; 2. Award : a. Plaintiff OR Defendant primary physical custody of the minor child(ren) subject to visitation rights of the other party; OR b. Joint physical custody of the minor child(ren) (the parties will share custody and control over the minor child(ren)); OR c. Shared custody (each parent will have custody of at least one of the children); 3. Order that the Plaintiff OR Defendant pay child support in an amount determined by the court using the Wyoming Child S upport Guidelines; 4. Order that the Plaintiff OR Defendant, OR Both parents provide medical support for the minor child(ren); 5. Order a just and equitable division of the marital pro perty and debts; 6. Order that: No party is entitled to spousal support; OR Reasonable spousal support should be paid by Plaintiff, OR Defendant as the circumstances and facts ma y require; 7. Order that the Wife resume her previous name at the conclusion of this lawsuit if she wishes; and 8. Order such other and further relief as the Court deems just and equitable. STATE OF WYOMING ) ) ss. COUNTY OF ____________ ) The Def endant , ___________________________________, under the penalty of perjury, verifies that she/he has read the Co unterclaim , knows the contents of the Co unterclaim , and that the statements in the Counterclaim are true to the best of her/his own knowledge. DATED this _____ day of ___________________, 20 _______. Signature Printed Name: Address: Phone Number: Answer and Counterclaim to Complaint for Divorce (with Children) Revised October 2012 Page 6 of 6 Subscribed and sworn to before me this ______ day of ______________, 20 _________. Witness my hand and off icial seal. Notarial Officer My Commission Expires: C E R T I F I C A T E O F S E R V I C E I certify that on (date) the original of this document w as filed with the Clerk of District Court; and, a true and accurate copy of th is document was se rved on the other party by Hand Delivery OR Faxed to this number OR by placing it in the United States mail, postage pre -paid, and addressed to the following: (Print Plaintiff /Plaintiff’s Attor ney’s Name and Address) TO: ______________________________________ ______________________________________ ______________________________________ Your signature Print name --------------------- ----------------------------- Fill in, if applicable ------------------------------------ ------ Pursuant to Rule 102(a)(1)(B) of the Wyoming Uniform Rules of District Court the following attorney has participated in the preparation of this pleading but said attorney is NOT deemed to have entered an appearance in this matter: _________________________________ Attorney’s Name Attorney’s Address/Telephone: __________________________________ __________________________________ _________________________________ _ __________________________________ Initial Disclosures Revised October 2012 Page 1 of 14 STATE OF WYOMING ) IN THE DISTRICT COURT ) ss ) ss COUNTY OF ________________ ) _______________ JUDICIAL DISTRICT Plaintiff: ____________________________, ) Civil Action Case No. __________ (Print name of person filing) ) ) vs. ) ) Defendant: __________________________ . ) (Spouse) (Print name) INITIAL DISCLOSURES The following initial disclosures are submitted by the Plaintiff pursuant to Wyoming Rule of Civil Procedure 26(a)(1.1). This information is required in all divorc e proceedings to the extent that the information pertains to a particular claim or defense in the action. This information must be made available to the opposing party’s attorney or the opposing party if he or she does not have an attorney for the divorce action within thirty (30) days after the Defendant has been served with the Complaint for Divorce . For any of the following disclosures that do not pertain to you, write “not applicable” on the appropriate schedule . 1. A schedule of financial assets owned individually or jointly, such as savings or checking accounts, stocks, bonds, cash or cash equivalents, including the name and address of the depository, the date such account was established, the type of account, the account number, and whether the accou nt is acknowledged to be a marital asset or asserted to be a non -marital asset and, if asserted to be a non -marital asset, an explanation of the legal and factual basis for such assertion. (See attached Schedule of Financial Assets .) 2. A schedule of non -financial assets , such as personal or real property (i.e. house, land, vehicles, household items, etc.) owned individually or jointly, including the purchase price and the date of purchase or acquiring the property , the present market value, any indebtednes s relating to such asset, the state of record ownership, whether purchased from marital asset s or Initial Disclosures Revised October 2012 Page 2 of 14 obtained by gift or inheritance, and whether acknowledged to be a marital asset or asserted to be a non -marital asset and, if asserted to be a non -marital ass et, an explanation of the legal and factual basis for such assertion. (See attached Schedule of Non -Financial Assets .) 3. A schedule of all debts owed individually or jointly, identifyi ng the date any obligation was in curred, the spouse in whose name the debt was incurred, the present amount of all debts and monthly payments, the use to which the money was put which caused the debt to arise, identification of any asset which serves as security for such debt, and an acknowledgement of whether each debt is a marital or non -marital debt, and if asserted to be a non -marital debt, an explanation of the legal and factual basis for such assertion. (See attached Schedule of Debts .) 4. A schedule of safe deposit boxes, including the name and address of the institut ion where the box is located, the box number, the name and addre ss of the individual(s) who has access to the box, an inventory of the contents, and the value of the assets located therein. (See attached Schedule of Safety Deposit Boxes .) 5. A schedule of employment, including the name and address of your employer; gross monthly wage; payroll deduction(s), specifically identifying the type and amount; the amount of other benefits including transportation, employer contributions to health care, and employer contributions to retirement accounts; and outstanding bonuses. (See attached Schedule of Employment .) 6. A schedule of all other sources of income, including the name and address of the source and the amount and date the income was received. (See attached Schedule of Other Income .) 7. A schedule of all retirement accounts or benefits, including the name and address of the institution holding the accounts or benefits, the present value if readily ascertainable, the initial date of any account, the expected p ayment upon retirement and the specific retirement date, and the value of the account at the date of the marriage if the account existed prior to marriage. (See attached Schedule of Retirement Accounts or Benefits .) Initial Disclosures Revised October 2012 Page 3 of 14 8. If seeking custody , or a change in cu stody , set forth the facts believed to support your claim of superior entitlement to custody. In addition, as to a change of custody, set forth the facts comprising a sub stantial change in circumstances and disclose any supporting documentation. (See atta ched Schedule of Custody .) 9. NOTE: Supplementation of disclosures and responses. Wyoming Rules of Civil Procedure 26(e)(1): A party who has made a disclosure or responded to a request for discovery with a disclosure or response is under a duty to supple ment or correct the disclosure or response to include information thereafter acquired, if ordered by the court or in the following circumstances: A party is under a duty to supplement at appropriate intervals, its disclosures if the party learns that in some material respect the information disclosed is incomplete or incorrect and if the additional or corrective information has not otherwise been made known to the other parties during the discovery process or in writing. DATED this _____ day of __ ___________, 20___. Signature Printed Name: Address: Phone Number: Initial Disclosures Revised October 2012 Page 4 of 14 C E R T I F I C A T E O F S E R V I C E I certify that on (date) a true and accurate copy of th is document was served on the other party by Hand Delivery OR Faxed to this number OR by placing it in the United States mail, postage pre -paid, and addressed to the following: (Print Other Party’s/Other Party’s Attorney’s Name and Address) TO: _____ _________________________________ ______________________________________ ______________________________________ Your signature Print name Initial Disclosures Revised October 2012 Page 5 of 14 SCHEDULE -A Not Applicable Financial Assets Name and Address of Depository Account Number Type of Account Source of Funds Acknowledged to be a Marital Asset or not** Award to Husband/ Wife 1.Savings/Checking Accounts: 2. Stocks: 3. Bonds: 4. Cash: 5. Cash Equivalents: 6. Other Financial Assets: **If not a marital asset, an explanation of legal and factual basis for such assertion is required. Attach additional sheets of paper if needed Initial Disclosures Revised October 2012 Page 6 of 14 SCHEDULE -B Not Applicable Non -Financial Assets Description of Asset How Acquired: 1. Gift 2. Inheritance 3. Marital Acquired By: 1. Husband 2. Wife 3. Joint Record Ownership: 1. Joint 2. Individual 3. Other Date Acquired Present Market Value Award to Husband/ Wife Other information List Personal Property (i.e., household furnishings, jewelry, etc.) a. b. c. d. e. f. g. h. i. j. k. l. m. n. o. p. a. b. c. d. e. f. g. h. i. j. k. l. m. n. o. p. a. b. c. d. e. f. g. h. i. j. k. l. m. n. o. p. a. b. c. d. e. f. g. h. i. j. k. l. m. n. o. p. a. b. c. d. e. f. g. h. i. j. k. l. m. n. o. p. $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ a. b. c. d. e. f. g. h. i. j. k. l. m. n. o. p. a. b. c. d. e. f. g. h. i. j. k. l. m. n. o. p. Attach additional sheets of paper if needed Initial Disclosures Revised October 2012 Page 7 of 14 SC HEDULE -B Not Applicable Non -Financial Assets Description of Asset How Acquired: 1-Gift 2-Inheritance 3-Marital Acquired By: 1-Husband 2-Wife 3-Joint Record Ownership: 1. Joint 2. Individual 3. Other Date of Acquisition Present Market Value Award to Husband/ Wife Other Information List All Vehicles by Year, Model & VIN Number a. b. c. d. a. b. c. d. a. b. c. d. a. b. c. d. a. b. c. d. $ $ $ $ a. b. c. d. a. b. c. d. Oth er Personal Property a. b. c. d. a. b. c. d. a. b. c. d. a. b. c. d. a. b. c. d. $ $ $ $ a. b. c. d. a. b. c. d. Real Property a. b. a. b. a. b. a. b. a. b. $ $ a. b. a. b. Interest in Any Business a. b. c. a. b. c. a. b. c. a. b. c. a. b. c. $ $ $ a. b. c. a. b. c. Attach additional sheets of paper if needed Initial Disclosures Revised October 2012 Page 8 of 14 SCHEDULE -B Not Applicable Non -Financial Assets Description of Asset How Acquired: 1-Gift 2-Inheritance 3-Marital Acquired By: 1-Husband 2-Wife 3-Joint Record Ownership: 1-Joint 2-Individual 3-3rd Party/ Partnership Date of Acquisition Present Market Value Award to Husband/Wife Other Information Collectibles (Guns, Coins, Stamps, Antiques, Etc.) a. b. c. d. e. f. g. h. i. j. k. l. m. a. b. c. d. e. f. g. h. i j. k. l. m. a. b. c. d. e. f. g. h. i. j. k. l. m. a. b. c. d. e. f. g. h. i. j. k. l. m. a. b. c. d. e. f. g. h. i. j. k. l. m. $ $ $ $ $ $ $ $ $ $ $ $ $ a. b. c. d. e. f. g. h. i. j. k. l. m. a. b. c. d. e. f. g. h. i. j. k. l. m. Any Other Assets a. b. a. b. a. b. a. b. a. b. $ $ a. b. a. b. Attach additional sheets of paper if neede d Initial Disclosures Revised October 2012 Page 9 of 14 SCHEDULE -C Not Applicable Debts (Incurred Individually or Jointly) Name of Creditor and Account # Date Obligation Was Incurred Individual or Marital Debt Monthly Payment Due Date/ Amt. What You Received For Obligation or Use to Which Money was Put Current Balance of Obligation Proposed Responsible Party Husband/Wife 1. Acct. #: / / / / 2. Acct.#: / / / / 3. Acct.#: / / / / 4. Acct.#: / / / / 5. Acct.#: / / / / 6. Acct.#: / / / / 7. Acct.#: / / / / 8. Acct.# / / / / Attach additional sheets of paper if needed Initial Disclosures Revised October 2012 Page 10 of 14 SCHEDULE -D Not Applicable Safe Deposit Boxes 1. Name and Address of Institution Where Located 2. Box Number All Names to Whom Box is Registered Identity of All Who Have Access Inventory of Contents Value 1. 2. 3. Attach additional sheets of paper if needed Initial Disclosures Revised October 2012 Page 11 of 14 SCHEDULE -E Not Applica ble Employment Employer’s Name and Address Gross Monthly Wage and Payroll Deductions (Identify Type and Amount) Other Benefits and Amount Received (including transportation, employer contributions to health care, and employer contributions to retirement account) Outstanding Bonuses 1. Amount 2. Date Due Gross: Fed Tax: FICA (Social Security): Medicare: Children’s Health Ins. Premiums: Total Deductions: Net: Gross: Fed Tax: FICA (Social Security): Medicare: Children’s Health Ins. Premiums: Total Deductions: Net: Gross: Fed Tax: FICA (Social Security): Medicare: Children’s Health Ins. Premiums: Total Deductions: Net: Attach additional sheets of paper if needed Initial Disclosures Revised October 2012 Page 12 of 14 SCHEDULE -F Not Applicable Other Income (Not Previously Indicated Herein) Source: Amount Received Date Received 1. Compensation as a Contractor 2. Temporary Total Disability 3. Permanent Partial Disability 4. Permanent Total Disability Payments 5. Unempl oyment 6. Disability 7. Annuity 8. Retirement Benefits 9. Any Other Payments Made By Any Payor Attach additional sheets of paper if needed Initial Disclosures Revised October 2012 Page 13 of 14 Not Applicable SCHEDULE -G Retirement Accounts or Benefits (Annuities, Pensions, Profit Sharing, Certificate of Deposits, IRA’s, 401K’s, Retirement Plans , etc.) Carrier or Administrating Agency, Address and Description of the circumstances under which you may draw on benefits ID Numb er Type of Plan Loans Against Plan Date Plan Acquired Expected Date of Retirement Value of Account on Date of Marriage Present Value Marital Asset (Y/N)** 1. 2. 3. 4. 5. 6. Attach additional sheets of paper if needed Initial Disclosures Revised October 2012 Page 14 of 14 SCHEDULE -H Not Applicable Custody 1. If you are seeking custody, set forth the facts supporting your claim to superior entitlement to custody: A. I have been the primary caretaker of the child(ren) as follows: B. I have a good quality of relationship with the child(ren) as follows: C. I have the ability to take care of the child(ren) as follows: D. I am the more fit and competent parent to have custody as follows: E. I am willing to support my child(ren) maintaining a relationship with both parents as follows: F. I have the physical ability to care for the child(ren) as follows: G. Other Attach additional s heets of paper if needed Confidential Financial Affidavit Approved by the Wyoming Supreme Court (2012) Page 1 of 9 STATE OF WYOMING ) IN THE DISTRICT COURT ) ss COUNTY OF ________________ ) _______________ JUDICIAL DISTRICT Plaintiff: ____________________________, ) Civil Action Case No. __________ (Print name of person filing) ) ) vs. ) CONFIDENTIAL ) Defendant: __________________________ . ) (Print name of other parent ) _______________________________________________________________________________ CONFIDENTIAL FINANCIAL AFFIDAVIT W.S. §20 -2-308 ________________________________________________ _______________________________ A financial affidavit must be completed by each parent. You must attach copies of your tax returns and W -2 forms for the most recent two years and a copy of the total amount of wages you have earned so far this year . Par ents who are self -employed must supply verified income and expense statements from their business for the two most recent years . THE UNDERSIGNED , ___ , hereby swears or affirms, (Print Your Name ) under pen alty of perjury, that the following answers are correct and complete. 1. Your N ame: (First, Middle, Last) ______________ ________________________________ Gender: Male Female 2. Your Present Address : ____________ ___________________________________________ City, State, Zip Code: _______________________________________________________ How long have you resided at this location? ______________________________________ Your Mailing Address (if different from abov e) ___________________________________ City, State, Zip Code: _______________________________________________________ 3. Your Home Phone Number : (___) _____________________________________________ Your Cell Phone Number : (____) ______________________________________________ PERSONAL INFORMATION Confidential Financial Affidavit Approved by the Wyoming Supreme Court (2012) Page 2 of 9 A Message Phone Num ber: ( ) 4. Your Social Security Number is: ______________________________________________ 5. Your Date of Bir th is: 6. Your Education is: ________years of high school; _________years of college; ________ years of trade school; _______ years other (list training) 7. List you r degree(s) or certificate(s): 8. List all chil d(ren) involved in this matter : Child’s Name Sex Birth Date Social Security No. Does this child live with you? M F Yes No M F Yes No M F Yes No M F Yes No M F Yes No Additional sheets of paper are attached (if needed) 9. List YOUR minor children (not named above) who live with you : Child’s Name Birth Date Social Security No. Additional sheets of paper are attached (if needed) Confidential Financial Affidavit Approved by the Wyoming Supreme Court (2012) Page 3 of 9 10 . List YOUR minor children (not named above) who do not live with you but for whom YOU are court -ordered to pay child support : Child's Name Birth Date Social Security No. Court and Date of Order Support/Month Arrears (Amount Past Due) Child's Name Birth Date Social Security No. Court and Date of Order Support/Month Arrears (Amount Past Due) Child's Name Birth Date Social Security No. Court and Date of Order Support/Month Arre ars (Amount Past Due) Child's Name Birth Date Social Security No. Court and Date of Order Support/Month Arrears (Amount Past Due) Additional sheets of paper are attached (if needed) 11 . Do you owe back child support (arrears) in this case? If so, how much? $____________. 12 . List any income -qualified stat e or federal benefits that your child(ren) receive ( POWER , Medicaid , Kid Care, Title 19 , General Assistance, Food Stamps, Supplemental Security Income, etc.): CHILD'S NAME BIRTH DATE STATE TYPE OF BENEFIT Additional sheets of paper are attached (if needed) Confidential Financial Affidavit Approved by the Wyoming Supreme Court (2012) Page 4 of 9 13. Are you currently: Employed Self -Employed Unem ployed If you are employed, please provide the following: Job No. 1: Employer’s Name: __________________________________________________________ Employer’s Address: ________________________________________________________ City, State , Zip Code: _______________________________________________________ Employer’s Phone : _________________________________________________________ Your Occupation : __________________________________________________________ Your Hourly Wage or Monthly Sa lary : _________________________________________ Job No. 2: Employer’s Name : _________________________________________________________ Employer’s Address : _______________________________________________________ City, State, Zip Code : ________________ _______________________________________ Employer’s Phone : _________________________________________________________ Your Occupation : __________________________________________________________ Your Hourly Wage or Monthly Salary : ______________________ ___________________ Job No. 3: Employer’s Na me: _________________________________________________________ Employer’s Address : _______________________________________________________ City, State, Zip Code : _____________________________________________ __________ Employer’s Phone : _________________________________________________________ Your Occupation : __________________________________________________________ Your Hourly Wage or Monthly Salary : _________________________________________ INCOME & EXPENSE INFORMATION Confidential Financial Affidavit Approved by the Wyoming Supreme Court (2012) Page 5 of 9 Add additional sheets of paper if necessary to list additional jobs. How many hours do you work each week? Job No. 1: Job No. 2: Job No. 3 Regular Regular Regular Overtime Overtime Overtime Total Total Total How often do you receive overtime compensation ? ________________________________ How often are you paid: Job No. 1: Job No. 2: Job No. 3 weekly weekly weekly every two weeks every two weeks every two weeks twice per month twice per month twice per month monthly monthly monthly annually annually annually Date of your last salary increase or decrease : _____________________________________ 14 . List all income you have receive d for the last 12 months: Income Source Monthly Amount Income Source Monthly Amount Gross Wages ** Job 1 - $ __________ Job 2 - $__________ Job 3 - $__________ Annuity $ Unemployment $ Spousal Support $ Workers’ Compensation A Contract Receipts A Socia l Security Benefits (Excluding SSI) A Rental Income A Retirement A Fringe Benefits/Bonuses A Interest/Dividend Income A Profit (Loss) from Self - Employment A Reimbursements A Other A Veterans’ Disability A Other A **Gross Wage - Monthly amou nts are calculated by multiplying weekly amount by 52 and dividing by 12; multiplying bi-weekly (every two weeks) amounts by 26 and dividing by 12; and multiplying semi -monthly (i.e., paid on the 1 st and 15th) amounts by 24 and dividing by 12. Additional sheets of paper are attached (if needed) Confidential Financial Affidavit Approved by the Wyoming Supreme Court (2012) Page 6 of 9 15. IF YOU ARE EMPLOYED : Please complete list and calculate the following: A. Gross income : $ per month (Amount of income from all sources before deductions ) B. Federal Income Tax: $____ ________ per month C. State Income Tax: $ per month D. Social Security Tax: $ per month E. Medicare Tax: $ per month F. Mandatory Retirement/Pension: $ per month G. Premium Paid for Child(ren)’s Health Insurance: $ per month H. Current Child Su pport Paid for Other Children: $ per month I. Total Mandatory Deductions : $ per month J. Net Income (line A minus line I): $ per month K. Income Tax Filing Status: L. Number of Dependents Claimed for Tax Purposes : Please provide copies of pay -stubs for all payroll deductions . Attach copies of your tax returns and W -2 forms for the most recent two years and a copy of a cumulative earning statement(s) for the current year 16. IF YOU ARE SELF -EMPLO YED : Please list the following: A. Gross income : $ per month *amount of income from all sources before deductions B. Federal Income Tax: $ per month C. State Income Tax: $ per month D. Social Security Tax: $ per month E. Medicare Tax: $ per month F. Unreimbursed Business Expenses : $ per month G. Premium Paid for Child(ren)’s Health Insurance: $ per month H. Current Child Support Paid for Other Children: $ per month I. Total Mandatory Deductions : $ per month J. Net Income (line A m inus line I): $ per month K. Income Tax Filing Status: L. Number of Dependents Claimed for Tax Purposes : Attach verified income and expense statements from your business , copies of your personal and business t ax returns , and 1099 forms for the most recent two years . Confidential Financial Affidavit Approved by the Wyoming Supreme Court (2012) Page 7 of 9 17 . List your work experience for the last three years: COMPANY AND LOCATION DATES FROM - TO JOB DESCRIPTION/ TITLE SALARY OR WAGE REASON YOU LEFT Additional sheets of paper are attached (if needed) 18. Has anyone been ordered to provide health insurance for the child(ren) involved in this case , or is there any other medical provision in an existing court order? YES NO If yes, please list who is ordered to provide insurance: Are the children currently covered by insurance? YES NO If yes, please list who is providing the insurance: If you are currently providing insurance for your children, y ou must provide current written proof from your insurance carrier verifying the names of the actual person(s) covered under your policy. Is health insurance available for the minor child(ren) through your employment? YES NO If yes, how much is the monthly premium to cover ONLY the minor child(ren) on the policy? $________________ 19 . Attach the following to this Confidential Financial Affidavit : If Employed: Copies of my las t two years income tax returns; Copies of my W -2 Forms for the last two years; and Copies of statements of earnings from each of my employers showing cumulative pay for this year. Confidential Financial Affidavit Approved by the Wyoming Supreme Court (2012) Page 8 of 9 If Self -Employed: Verified income and expense statements for the busines s for the two most recent years; and Copies of my last two years personal income tax returns. Copies of my last two years b usiness income tax returns. PERJURY STATUTE 20. Wyoming Statute § 6 -5-301 ( Perjury ) provides: (a) A person commits perjury if, while under a lawfully administered oath or affirmation, he knowingly testifies falsely or makes a false affidavit, certifica te, declaration, deposition or statement, in a judicial, legislative or administrative proceeding in which an oath or affirmation may be required by law, touching a matter material to a point in question. (b) Perjury is a felony punishable by imprisonmen t for not more than five (5) years, a fine of not more than five thousand dollars ($5,000.00), or both. OATH I have read and understand the provisions of the above perjury statute. I affirm that this Confidential Financial Affidavit (including attachme nts) contains a complete disclosure of my income from all sources and that the representations made herein concerning my income are accurate to the best of my knowledge. I am aware that the court may punish as perjury any materially false statements knowin gly made with intent to defraud or mislead. DATED this _____ day of ________________, 20_ ___. ______________________________ ________ Your Signature (Sign only in front of Notarial Officer or Court Cle rk) JURAT STATE OF _____________ ) ) ss. COUNTY OF ___________ ) Subscribed and sworn to before me on this _____ day of ________________20____, by ________________________________. WITNESS my hand and official seal. ___________________ ___________ Notarial Officer My Commissions Expires: ___________________ Confidential Financial Affidavit Approved by the Wyoming Supreme Court (2012) Page 9 of 9 C E R T I F I C A T E O F S E R V I C E I certify that on (date) the original of this Confidential Financial Affidavit was filed with the Clerk of District Court; and, a true and accura te copy of this document was served on the other party by Hand Delivery OR Faxed to this number OR by placing it in the United States mail, postage pre -paid, and addressed to the following: (P rint Plaintiff/Plaintiff’s Attorney’s Name and Address) TO: ______________________________________ ______________________________________ ______________________________________ Your signature Print name Request for Setting Revised October 2012 Page 1 of 2 STATE OF WYOMING ) IN THE DISTRICT COURT ) ss COUNTY OF ________________ ) _______________ JUDICIAL DISTRICT Plaintiff: ____________________________, ) Civil Action Case No. __________ (Print name of person filing) ) ) vs. ) ) Defe ndant: __________________________ . ) (Spouse) (Print name) REQUEST FOR SETTING The Defendant , ____________________ (name) requests a time and date for a hearing /trial in the District Court. The hearing /trial wi ll take approxima tely ________ hours/ _______ minutes and will address the following issues: 1) The parties have reached an agreement (both parties have signed the Decree of Divorce and this Court requires a hearing b efore it will enter a Decree of Divorce ). (NOTE: submit the Order Setting Hearing if this option is selected); OR 2) Default was entered against Plaintiff OR Defendant and this Court requires a hearin g before it will enter a Decree of Divorce . (NOTE: submit the Order Setting Hearing if this option is selected); OR 3) The parties are not able to agree on all of the terms of the divorce and a hearing is needed on the following issu es: Allocation of parental responsibilities Child support Property distribution Motion for _______________________________ Other: __________________________________ (NOTE: submit the Order Setting Hearing if this option is selected) ; OR 4) The parties are not able to agree on any issues and a trial is needed for a Divorce (With Minor Children) . (NOTE: submit the Order Setting Divorce Trial and Requ iring Pretrial Statements ). 5) Any party requesting the reporting of a particular matter by the official court reporter shall make a request by phone to the appropriate official court reporter at least three (3) working days before the matt er is s et for hearing. The clerk will be able to inform you which court reporter to contact. The three -day notice requirement will not be Request for Setting Revised October 2012 Page 2 of 2 waived by the Court. The notice is required for all civil matters including jury trials. Payment of the statutory reportin g fee of $45.00 per day shall be paid to the official court reporter prior to the commencement of the hearing/trial. Checks for the statutory reporting fee shall be made payable t o the Wyoming State Treasurer. If a hearing is not record ed by a n official court reporter, a transcript of the hearing will not be available. It is very difficult to appeal the Judge’s decision if you do not have a transcript of everyt hing that is said at the trial. Rule 904 and 905 of the Uniform Rules of the District Courts of the State of Wyoming. DATED this ______ day of _____________________, 20____. Signature Printed Name: Address: Phone Number: C E R T I F I C A T E O F S E R V I C E I certify that on (date) the original of this doc ument was filed with the Clerk of District Court; and, a true and accurate copy of th is document was served on the other party by Hand Delivery OR Faxed to this number OR by placing it in the Un ited States mail, postage pre -paid, and addressed to the following: (Insert Plaintiff/Plaintiff’s Attorney’s Name and Address) TO: ______________________________________ ______________________________________ __________________________ ____________ Your signature Print name Order Setting Divorce Trial and Requiring Pretrial Statements Revised October 2012 Page 1 of 3 STATE OF WYOMING ) IN THE DISTRICT COURT ) ss COUNTY OF ________________ ) _______________ JUDICIAL DISTRICT Plaintiff:____________________________, ) Civil Action Case No. __________ (Print name of person filing) ) ) vs. ) ) Defe ndant:__________________________. ) (Spouse) (Print name) ORDER SETTING DIVORCE TRIAL AND REQUIRING PRETRIAL STATEMENTS THIS MATTER having come before the Court upon a Request for Setting , and the Court being generally advised i n the premises; IT IS HEREBY ORDERED that a trial of the above matter is hereby scheduled for Courtroom No. ____ of the ______________ County Courthouse, ______________ , Wyoming on the _____ day of ________ , 20___ commencing at __ :____ o’clock __ .m . (__ __) minutes/hour(s)/ day (s) has been set aside for the trial of this matter. IT IS FURTHER ORDERED that each party shall file and serve on the opposing party or their attorney, if represented , no later than five (5) days prior to the trial , th e party’s sworn statement setting forth the facts, to the best of the party’s knowledge and belief, called for by Section “A” of the attached list of information, and a statement by counsel (attorney) , if any, of the client’s position and proof as called f or by Section “B.” These filings are required to narrow and simplify the issues, prevent surprise and to eliminate unnecessary proof. The material may be presented in narrative form but must be complete for purposes called for by this order. To avoid du plication, the parties or their attorneys, if any, may submit a joint statement of those items not in dispute. Any party requesting the reporting of a particular matter by the offic ial court reporter shall make a request by phone to the appropriate offici al court reporter at least three (3) working days before the matter is set for hearing. The clerk will be able to inform you which court reporter to contact. The three -day notice requirement will not be waived by the Court. The notice is required for al l civil matters including jury trials. Payment of the statutory Order Setting Divorce Trial and Requiring Pretrial Statements Revised October 2012 Page 2 of 3 reporting fee of $45.00 per day shall be paid to the official court reporter prior to the commencement of the hearing/trial. Checks for the statutory reporting fee shall be made payable to t he Wyoming State Treasurer. If a hearing is not recorded by an official court reporter, a transcript of the hearing will not be available. It is very difficult to appeal a decision if you do not have a transcript of everything that is said at the trial . Rule 904 and 905 of the Uniform Rules of the District Courts of the State of Wyoming . In the event that this case settles, the parties are informed that there will be no change in the scheduling of this matter by the Court until such time as the settle ment is reduced to writing and a written agreement is presented to the court. There will be no continuances or canceling of the trial date based on telephone calls. DATED this ______ day of ___ , 20____ . _________________________________________ DISTR ICT COURT JUDGE Copies sent to: Plaintiff/Plaintiff’s Attorney’s Name and Address Defendant/Defendant’s Attorney’s Name and Address Order Setting Divorce Trial and Requiring Pretrial Statements Revised October 2012 Page 3 of 3 SECTION “A” SWORN STATEMENT OF PARTY Items to be included: 1. Personal data and his tory relevant to the issues, including name, age, prior marriages, if any, children (use children’s initials only ), present living situation of the parties and their immediate family. For instance, where each party and the children are residing, with whom the children are residing, and how the children are being cared for during the day. This item calls for a brief but comprehensive statement of the party's personal history as it may relate to the divorce litigation. 2. Present employment , including ide ntity and location of employer, nature of the job, length of employment, gross and net income and benefits, including health and accident coverage, if any, its convertibility to non -group plan in event of loss of employment, terms of retirement program, al l deductions from salary or wages, and prospects for the continuation of the employment. 3. Employment history and employability , including previous employment and incomes, education, training and work experience affecting employability. Include any other factors substantially affecting employability. 4. Other income , whatever the source. 5. All assets showing source of the asset (i.e., jointly purchased, gift prior to marriage), present value, basis of statement of value and statement of present salabilit y. (Use the last 4 digits of any financial account numbers only .) 6. Liabilities , including amount, source, terms of the indebtedness. 7. Any other information which counsel, or the party, believe to be material to the determination of the issues. SECT ION “B” STATEMENT OF COUNSEL Statement of the case by counsel of the client's position with respect to: 1. Division of assets and allocation of liabilities. 2. Amount of child support: a. Amount called for by the child support guidelines; b. Why, if it is urged, there should be departure from the guidelines. 3. If alimony is claimed, the basis of the claim and the amount and duration proposed by the party. 4. If client claims exclusive or superior entitlement to "the divorce," the reasons for that pos ition. 5. If superior suitability for primary custody of children is claimed and disputed, reasons for the claim. 6. Reasons, if any, for departure from "standard rules for custody and visitation." 7. List of witnesses and specific summary of expected test imony. 8. Exhibits. Pretrial Disclosures Revised October 2012 Page 1 of 4 STATE OF WYOMING ) IN THE DISTRICT COURT ) ss COUNTY OF ________________ ) _______________ JUDICIAL DISTRICT Plaintiff:____________________________, ) Civil Action Case No. __________ (Print name of person filing) ) ) vs. ) ) Defe ndant:__________________________. ) (Spouse) (Print name) PRETRIAL DISCLOSURES Defendant submits the following initial disclosures, pursuant to Wyoming Rule of Civil Procedure 26(a)(3), required in pretrial proceedings. This information must be made available to the opposing party or the opposing party’s counsel and the Court at least thirty (30) days before the trial. A. The name and, if not previously provided, the address and telephone number of each witness, separately identifying those w hom the party expects to present and those whom the party may call if the need arises. NOTE : Unless otherwise directed by the court, these disclosures must be made at least 30 days before trial . Within 14 days thereafter, unless a different tim e is specified by the court, a party may serve and promptly file with the Clerk of District Court a list disclosing (i) any objections to the use under Rule 32 (a) of a deposition designated by another party under Rule 26(a)(3)(B), and (ii) any objection, together with the grounds therefor e, that may be made to the admissibility of materials identified under Rule 26(a)(3)(C). Objections not so disclosed, other than objections under Rules 402 and 403 of the Wyoming Rules of Evidence, are waived unless excuse d by the court for good cause. Pretrial Disclosures Revised October 2012 Page 2 of 4 B. The designation of those witnesses whose testimony is expected to be presented by means of a deposition and, if not taken stenographically (i.e. by a court reporter) , a transcript of the pertinent portions of the deposition testimony. C. An appropriate identification of each document or other exhibit, including summaries of other evidence, separately identifying those which the party expects to offer and those which the party may offer if the need arises. NOTE: Supplementation of disclosures and responses. Wyoming Rules of Civil Procedure 26(e)(1) states that: A party who has made a disclosure or responded to a request for discovery with a disclosure or response is under a duty to supplement or correct the disclosure or response to include information thereafter acquired, if ordered by the court or in the following circumstances: A party is under a duty to supplement at appropr iate intervals, its disclosures if the party learns that in some material respect the information disclosed is incomplete or incorrect and if the additional or corrective information has not otherwise been made known to the other parties during the discovery process or in writing. DAT ED this _____ day of _____________, 20___. Signature Printed name: Address: Phone Number: Pretrial Disclosures Revised October 2012 Page 3 of 4 C E R T I F I C A T E O F S E R V I C E I certify that on (date) the original of this document w as filed with the Clerk of District Court; and, a true and accurate copy of th is document was served on the other party by Hand Delivery OR Faxed to this number OR by placing it in the United States mail, postage pre -paid, and addressed to the following: (Print Plaintiff/Plaintiff’s Attorney’s Name and Address) TO: ______________________________________ ______________________________________ ______________________________________ Your signature Print name Pretrial Disclosures Revised October 2012 Page 4 of 4 (check one) Name of Witness Address and Telephone Number Expect to call witness to testify May call witness to testify if the need arises Additi onal sheets of paper are attached if needed (check one) Document or Exhibit Summary of Evidence Expect to offer May offer if the need arises Additional sheets of paper are attached if n eeded
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