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Order Setting Modification Trial and Requiring Pretrial Statements
July 2014
Page 1 of 3
STATE OF WYOMING ) IN THE DISTRICT COURT
) ss
COUNTY OF ________________ ) _______________ JUDICIAL DISTRICT
Petitioner:__________________________,) Civil Action Case No. __________
(Print name of person filing) )
)
vs. )
)
Respond ent:________________________ .)
(Print name of other party)
ORDER SETTING MODIFICATION TRIAL
AND REQUIRING PRETRIAL STATEMENTS
THIS MATTER having come before the Court upon a Request for Setting , and the Court
being generally advised in 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 , the pa rty’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 for b y 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 duplic ation, 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 official court reporter
shall make a request to the appropriate official court repo rter as soon as possible, but not later
than three (3) working days before the matter is set for hearing. You can provide notice to the
Order Setting Modification Trial and Requiring Pretrial Statements
July 2014
Page 2 of 3
court reporter by phone or by submitting a written request. Please note that if providing
notice through the mail, the request must be received by the court reporter not later than three
working days prior to the 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 all civil matters including jury trials. 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 have a transcript of everything that is said at the trial. Rule
904 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 su ch time as the settlement 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____ .
_____________________________ ____________
DISTRICT COURT JUDGE
Copies sent to:
Petitioner /Petitioner’s Attorney’s Name and Address
Respondent /Respondent’s Attorney’s Name and Address
Order Setting Modification Trial and Requiring Pretrial Statements
July 2014
Page 3 of 3
SECTION “A”
SWORN STATEMENT OF PARTY
Items to be included:
1. Personal data and history relevant to the issues, including name, age, prior marriages, if any,
children ’s initials , present living situation of the parties and their immediate family. For instance,
where each party and the children are resid ing, 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 identity 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 retireme nt program, all
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. In clude any other factors
substantially affecting employability.
4. Other income , whatever the source.
5. Any other information which counsel, or the party, believe to be material to the determination
of the issues.
SECTION “B”
STATEMENT OF COUNSEL
Sta tement of the case by counsel of the client's position with respect to:
1. 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.
2. Reasons, either in favo r of or against modification of child custody and/or child support.
3. List of witnesses and specific summary of expected testimony.
4. Exhibits.
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