Abraham v. Great Western Energy, LLC
In Abraham v. Great Western Energy, LLC, 2004 WY 145, 101 P.3d 446 (Wyo. 2004), the Court concluded the district court erred by refusing the plaintiffs' request for a continuance of the summary judgment hearing because they had not completed discovery.
The Court said:
W.R.C.P. 56(c) presupposes that discovery is complete and, ordinarily, discovery on the issues which are the subject of the summary judgment motion should be allowed to be completed before a motion for summary judgment is scheduled, heard, and decided. By scheduling the hearing on the motions for summary judgment before the deadline for discovery had passed and, thus, not allowing the Abrahams adequate time to prepare and file any other pertinent materials prior to that hearing, they were deprived of the protections to due process afforded by the applicable rules of civil procedure. Abraham, P19, 101 P.3d at 455.