Wyo. Stat. Ann. §§ 1-21-403, 1-21-1001 to 1-21-1017, 1-21-1201 to 1-21-1211, 1-21-1301 to 1-21-1304, 1-21-1401 to 1-21-1403 § 1-21-1005
Proceedings when defendant fails to appear.
Operative Text
1-21-1005. Proceedings when defendant fails to appear. If the defendant does not appear in accordance with a properly served summons the circuit court shall try the action as though he were present. Before proceeding, the plaintiff shall file a complaint in which he relies in order to recover the premises. The complaint must be sustained by proof or the action dismissed.
Under Wyoming Stat. § 1-21-1005, when a defendant in an eviction proceeding fails to show up after being properly served with a summons, the circuit court does not automatically rule in the plaintiff's favor. Instead, the court continues the case as if the defendant were present, requiring the plaintiff to formally file a complaint and support it with actual evidence. If the plaintiff cannot substantiate the complaint with proof, the court must dismiss the action.
Plain English — not legal advice.
Under § 1-21-1005, a landlord pursuing eviction in Wyoming circuit court cannot simply win by default when a tenant fails to appear. A compliant operator ensures that a formal written complaint is filed and that sufficient evidence — such as lease documents, notices, and payment records — is prepared and presented to the court. Landlords who proceed without adequate proof risk having their eviction action dismissed even in the tenant's absence.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Wyoming Stat. § 1-21-1005 provides a meaningful procedural protection: even if a tenant does not appear at a hearing, the court is required to hold the landlord to a standard of proof before granting possession. Tenants who become aware of an eviction proceeding after missing a hearing may have grounds to examine whether the landlord met this evidentiary burden. Tenant-rights organizations in Wyoming can help individuals understand how this provision may apply to their circumstances and what options exist for challenging a judgment.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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