Vol. 31, No. 5, #7. Wyoming Governmental Claims Act: Claims Procedures and Limitations Periods.

• Author: Author: Greg Weisz

Wyoming Bar Journal

2008.

Vol. 31, No. 5, #7.

Wyoming Governmental Claims Act: Claims Procedures and Limitations Periods

Wyoming Bar Journal Issue: October, 2008 Author: Greg Weisz Wyoming Governmental Claims Act: Claims Procedures and Limitations Periods

An attorney representing a client with a money damages claim against a state or local governmental entity in Wyoming (or an attorney defending the entity against such a claim) should be familiar with the statutory and constitutional provisions relating to the notice of claim procedure and limitations period of the Wyoming Governmental Claims Act ("WGCA"), Wyo. Stat. Ann. 1-39-101 to -121. The WGCA sets forth the claims procedures and the limitations period applicable to all money damage claims, whether the claim sounds in tort, contract or in the constitution. Strict compliance with these procedures normally is jurisdictional, and failure to comply will bar the claim. Overview of Time Limitations

The WGCA process involves two steps. First, a claimant must present an itemized notice of claim within two years of the alleged act, error or omission by the governmental entity or its employee(s). Presentation of a notice of claim is a prerequisite to suit. While the two year period for presentation of the claim typically commences on the date of the alleged wrongful act, error or omission, the "discovery" rule sometimes applies. The two year period commences from discovery of the alleged act, error or omission if: (i) the alleged wrongdoing was not reasonably discoverable within the two year period, and (ii) the claimant failed to discover the alleged act, error or omission in that two year period despite the exercise of due diligence. Second, once a claim is filed, the claimant then has one year within which to file suit. A claimant's failure to comply with any of these requirements operates as an absolute bar to suit.

Strict Application of Time Periods

A claimant must strictly abide by the two year period for presentation of a notice of claim and filing of suit within one year thereafter. However, the two year notice of claim requirement and the one year period for filing of suit may be different types of limitations periods. The two year statutory period for presentation of a claim is not a statute of limitations; it is a statutory condition precedent to the filing of suit...