Rule 3.2.Removal from district court to chancery court

Rule 3.2 creates a path for moving a case out of district court and into chancery court after it has already begun. There are two windows for doing this. The first opens right after the initial pleading, if every party agrees in writing and the case meets the eligibility requirements in W.S. § 5-13-115 and the chancery court rules. The second opens later, if the original pleading did not look eligible for chancery court but an amended pleading, motion, order, or other paper first reveals that it is — again, only with everyone's written consent and only if the eligibility requirements are met.

Once a party files a notice of removal with the chancery court, the removing party must promptly give the district court clerk a copy of that notice, which stops the district court from proceeding any further. The case is not transferred, though, until the chancery court enters an order of removal — that order is what marks the moment of removal. Filing fees already paid in the district court are not refunded when a case is removed.

The two rule versions differ only in their timing windows, and the amendment widened them. Under the version in effect until March 30, 2026, parties had to consent in writing within 20 days of service on the last defendant to remove after the initial pleading, and a notice of removal after an amended pleading had to be filed within 30 days of the triggering paper. Since March 30, 2026, both deadlines have been 60 days, which gives parties far more room to reach consent and get the removal paperwork filed.