Free The Steps for filing a Motion and Order to Show Cause - Wyoming

PLEASE CAREFULLY READ THE FORMS AND INSTRUCTIONS CONTAINED IN THIS PACKET. IF YOU HAVE ANY QUESTIONS, PLEASE CONSULT WITH AN ATTORNEY.

THESE ARE EDUCATIONAL FORMS AND INSTRUCTIONS DESIGNED TO ASSIST YOU, BUT YOU ARE REPRESENTING YOURSELF. PLEASE REVIEW AND FOLLOW THE DIRECTIONS TO IMPROVE YOUR PERFORMANCE IN YOUR CASE. FAILURE TO READ AND FOLLOW THE INSTRUCTIONS MAY ADVERSELY IMPACT YOUR CLAIM.

OSC 1 The Steps for Filing a Motion for Order to Show Cause Revised August 2007 Page 1 of 3

The Steps for filing a Motion and Order to Show Cause
STEP 1 1. READ ALL THE INSTRUCTIONS: read all instructions before completing forms to ensure that you qualify to seek an Order to Show Cause from the court. MAKE COPIES: Consider making copies of forms both prior to and after you fill them out. (You must have copies of all forms you file for you and for the other party). REQUIRED FORMS: You must complete the following documents: a. Motion for Order to Show Cause. The caption (the heading on the document) is the same as the original order (i.e. Decree of Divorce) you're trying to enforce. Please note that the last page of the MOTION needs to be signed in the presence of a Notary Public. i. The person seeking an Order to Show Cause (i.e. enforcement from the court of a previous order) is the movant or petitioner, the other party is the respondent for purposes of the Order to Show Cause. Notarizing Signatures. Notary publics may administer the oath and witness your signature, 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. b. Affidavit in Support of Order to Show Cause c. Order to Show Cause with Sheriff's return 4. FILING THE DOCUMENTS: There is not a cost to file these papers, but there is a cost for service. Take these documents, and 2 copies, to the Clerk of District Court's office. A judge will need to sign the Order to Show Cause, and the court will set a court date.

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PLEASE MAKE SURE THE COURT HAS YOUR CURRENT MAILING ADDRESS AND THE CURRENT ADDRESS FOR THE RESPONDENT 5. SERVICE OF PROCESS: Wyoming law requires that you give notice to the other party (i.e. Respondent) about the filing of your motion. This is known as "Service of Process." The correct way to serve the other party is determined by law. If the documents are not correctly served, the court will not hear your case.

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You are now ready to serve the documents on the other party. You must take the paper to the Sheriff's Department in the county in which the other party lives. Service fees vary between $20 and $35 in Wyoming counties. If the other party is to be served outside of Wyoming, you must contact the Sheriff's office in the county where the respondent is to be served to determine the service fee and address for forwarding the documents you wish to have served on the Respondent. 6. ATTENDANCE AT COURT HEARING: Be sure to attend all scheduled court hearings on time and dressed appropriately (as if you were going to a job interview). This is very important.

**NOTE: Each time you sign a document, beneath your signature, you must print your name, address, including city/state/zip code, and your telephone number. If you do not include this information, the clerk of court can reject your document. If you have concerns about you or your children's safety if your address or phone number is disclosed, you should contact an attorney for advice on potential options or to obtain a court order allowing you to maintain confidentiality of address or other identifying information. (See Wyo. Stat. § 20-5-309 (LEXIS 2005)).

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