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Hodges v. Lewis & Lewis10/14/2005
denied" provision is that the judgment automatically becomes final and appealable upon passage of the specified period. Therefore, an appeal that is not filed within thirty days after the post-trial motions are deemed denied is untimely. Id., 18.
[ ] The difference between the Paxton case and the case at bar is obvious. In Paxton, the "deemed denied" rule applied to a final judgment; conversely, in this case, the "deemed denied" rule simply applied to an interlocutory discovery motion. The case law is replete with instances where renewed discovery motions are considered. See e.g., McCulloh, 8; State Farm Mutual Auto. Ins. Co. v. Colley, 871 P.2d 191, 193 (Wyo. 1994).
[ ] Rule 6(c)(2) does not expressly prohibit the filing of a renewed motion after a discovery motion has been deemed denied. Furthermore, we do not agree with Ms. Hodges' assertion that the last sentence of Rule 6(c)(2) requires that a renewed motion must be filed within ten days after the original motion is deemed denied. That provision does not dictate, or even speak to, when a party may file a renewed motion.
[ ] Ms. Hodges does not provide any authority for her interpretation of Rule 6(c)(2), and we cannot locate any case law where the rule was applied in that manner. See First Southwestern Financial Services v. Laird, 882 P.2d 1211, 1214 (Wyo. 1994) (holding that Rule 6(c)(2) did not require the Lairds to file an answer within ten days after their motion to dismiss was deemed denied). Indeed, Ms. Hodges' interpretation of the rule defies logic. Applying Ms. Hodges' rationale, a district court would have discretion to consider a renewed motion which the district court had expressly denied in a prior order but it would not have discretion to reconsider a motion that was deemed denied by operation of law under Rule 6 because it did not rule on the motion within 90 days after it was filed. Such an interpretation would not further the interests of justice or the purposes of the rules of civil procedure. See W.R.C.P. 1.
[ ] In sum, we conclude that the district court had the power to consider Lewis' renewed motion. Moreover, the district court did not abuse its discretion by allowing Lewis to amend its responses to Ms. Hodges' requests for admission in order to deny the matters which had been admitted by operation of law under Rule 36(a).
[ ] Affirmed.
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