Wyoming: Why Its Own Supreme Court Calls This Absolute

A genuinely strict two-year notice requirement

Under the Wyoming Governmental Claims Act, Wyo. Stat. § 1-39-113(a), no action may be brought against a governmental entity unless the claim is presented as an itemized written statement within two years of the alleged act, error, or omission.

Language that leaves little room for doubt

The Wyoming Supreme Court has characterized this notice-of-claim requirement as a "condition precedent" to bringing suit under the Act. Wyoming precedent goes further still, describing the two-year period as an absolute bar to suit — language that leaves little ambiguity about how seriously this deadline is taken.

A real case built on exactly this strictness

In a documented Wyoming Supreme Court case, a plaintiff alleged she had suffered damages from medical treatment at a hospital and claimed she had timely submitted the required notice of claim. The district court granted summary judgment for the defendants, finding no genuine dispute that she had actually failed to file or present her notice within the required two years — and the Supreme Court affirmed.

A real, specific signing requirement

Beyond the timing itself, the claim must be signed by the claimant under oath, in a specific format the statute itself sets out — a genuine procedural detail on top of the deadline.

A narrow discovery-based exception

The two-year notice period does include a real, if narrow, discovery-based exception. A claimant can present a claim within two years of discovery instead, if they can establish that the act wasn't reasonably discoverable within the original two years, or that they failed to discover it despite exercising due diligence.

Why treating this deadline as truly absolute matters

Given how directly Wyoming's own courts have described this notice requirement as an absolute bar and a condition precedent to suit, treating it with exactly that level of seriousness — rather than assuming any flexibility exists — is a genuinely important starting point for any Wyoming claim that might involve a government entity.

Wyoming government claim deadlines — frequently asked questions

How long do I have to give notice before suing a Wyoming government entity?

Generally two years from the date of the alleged act, error, or omission, under the Wyoming Governmental Claims Act, Wyo. Stat. section 1-39-113(a).

How strictly do Wyoming courts enforce this two-year notice requirement?

Very strictly. The Wyoming Supreme Court has characterized the notice-of-claim requirement as a condition precedent to suit, and precedent describes the two-year period as an absolute bar to suit.

Has a real Wyoming case been dismissed for missing this notice deadline?

Yes. In a real documented case, a court granted summary judgment against a plaintiff who failed to submit a timely notice of claim regarding medical treatment at a hospital, despite her allegation that she had done so.

Does the notice have to be signed in a special way under Wyoming's Governmental Claims Act?

Yes. The claim must be signed by the claimant under oath, in a specific format set out in the statute itself.

Is there any discovery-based exception to Wyoming's two-year government notice deadline?

Yes, a narrow one. A claimant can present a claim within two years of discovery instead, if they can show the act wasn't reasonably discoverable within the original two years, or that they failed to discover it despite due diligence.

This page provides general guidance only and is not legal advice. Figures are based on Wyoming statute and case law (Wyo. Stat. § 1-39-113), verified per our methodology. Confirm the exact requirements for a specific government claim with a licensed Wyoming attorney before acting.

WY: Why Its Own Supreme Court Calls This Absolute