|
Wyoming Rules of Civil Procedure
Because the rules of civil procedure
may change from time to time, please
check the
Wyoming Courts website for
updated and complete rules of civil procedure in
Wyoming.
Rules of Civil Procedure in Wyoming:
Rule
4. Summons.
Form.
The summons shall be signed by
the clerk, bear the seal of the
court, identify the court and the
parties, be directed to the
defendant, and state the name and
address of the plaintiff's attorney
or, if unrepresented, of the
plaintiff. It shall also state the
time within which the defendant must
appear and defend, and notify the
defendant that failure to do so will
result in a judgment by default
against the defendant for the relief
demanded in the complaint. The court
may allow a summons to be amended.
Issuance.
Upon the filing of the complaint,
the clerk shall forthwith issue a
summons to be served as directed by
the plaintiff. A summons, or a copy
of the summons if addressed to
multiple defendants, shall be issued
for each defendant to be served.
Service with complaint; by
whom made.
- A summons shall be served
together with a copy of the
complaint. The plaintiff is
responsible for directing the
clerk in the manner of service
of the summons and complaint
within the time allowed under
subdivision (k).
- Service may be effected by
any person who is not a party
and who is at least 18 years of
age.
- At the request of the
plaintiff and upon payment of
the applicable fees and costs of
service, the clerk shall:
- Deliver the summons and
complaint to the sheriff for
service as directed by the
plaintiff, or
- Make service by either
certified mail or by the
first class mail as directed
by plaintiff; or
- Forward a copy of the
summons and complaint to the
Secretary of State, as
statutory attorney-in-fact,
for service as specified by
any applicable statute.
Manner of service.
Personal or substituted service
shall be made in the following
manner:
- Individuals. - Service upon
an individual other than an
infant, incompetent person, or
convict may be made by:
- Delivering a copy of the
summons and complaint to the
individual personally; or
- Delivering a copy of the
summons and complaint at the
individual's dwelling place
or usual place of abode to a
member of the individual's
family who is above the age
of sixteen (16) years and by
advising such person of the
purport of the summons and
complaint; or
- Delivering a copy of the
summons and complaint to an
agent or attorney-in-fact
authorized by appointment or
statute to receive or accept
service of the summons and
complaint in the
individual's behalf; or
- The clerk sending a copy
of the summons and complaint
to the individual to be
served by certified mail,
return receipt requested,
and delivery restricted to
the addressee; or
- The clerk sending a copy
of the summons and complaint
to the individual to be
served by certified mail,
return receipt requested,
and delivery restricted to
the addressee; or
The plaintiff shall furnish
the person making service
with such copies of the
complaint or order as are
necessary and shall advance
the costs of service. For
service by certified mail,
the plaintiff shall pay to
the clerk a fee of ten
dollars for each complaint
to be served. For service by
first class mail, the
plaintiff shall pay to the
clerk a fee of five dollars
for each complaint to be
served.
Service pursuant to
subdivision (d)(1)(D) shall
not be the basis for the
entry of a default or a
judgment by default unless
the record contains a return
receipt showing acceptance
by the defendant or a return
envelope showing refusal of
the registered or certified
mail by the defendant. If
delivery of the summons and
complaint pursuant to
subdivision (d)(1)(D) is
refused, the clerk, promptly
upon receipt of the notice
of such refusal, shall mail
to the defendant, by first
class mail, postage prepaid,
a copy of the summons and
complaint and a notice that
despite such refusal, the
case will proceed and that
judgment by default will be
rendered against the
defendant unless the
defendant appears to defend
the suit. Any such default
or judgment by default shall
be set aside pursuant to
Rule 55 (c) or Rule 60 (b)
if the defendant
demonstrates to the court
that the return receipt was
signed by or delivery was
refused by an unauthorized
person. The notice and
acknowledgment of receipt of
the summons and complaint
pursuant to subdivision
(d)(1)(E) shall be executed
in the manner prescribed on
Form 14. Unless good cause
is shown for failure to
complete and return the
notice and acknowledgment of
receipt of summons and
complaint pursuant to
subdivision (d)(1)(E) within
twenty (20) days after
mailing, the court may order
the payment of cost of
personal service by the
person served. Service
pursuant to subdivision
(d)(1)(E) shall not be the
basis for entry of default
or a judgment by default
unless the record contains a
notice and acknowledgment of
receipt of the summons and
complaint. If no
acknowledgment of service
pursuant to subdivision
(d)(1)(E) is received by the
clerk within twenty (20)
days after the date of
mailing, service of such
summons and complaint shall
be made under subdivisions
(d)(1)(A), (B), (C), or (D).
- Infants and incompetents
under 14 years. Upon an infant
or incompetent younger than 14
years of age, by delivering a
copy of the summons and
complaint to the infant's or
incompetent's guardian or
conservator resident in the
State; or, if there be no such
guardian or conservator, then to
either the infant's or
incompetent's father or mother
if they be found. If there is no
such guardian or conservator and
if the father or mother cannot
be found, service of the summons
and complaint shall be made upon
a guardian ad litem appointed
under Rule 17 (c). But if any of
the persons upon whom service is
directed to be made by this
paragraph is a plaintiff, then
service shall be upon the person
who stands first in the order
named in this paragraph who is
not a plaintiff.
- Infants and incompetents 14
years or older. Upon an infant
or incompetent 14 years of age
or older, by making service as
provided in paragraph (2) above,
and in addition by making
service upon the infant or
incompetent as provided in
paragraph (1) above.
- Convicts. Upon a person
confined in the penitentiary of
this or any other state, or of
the United States, by delivering
a copy of the summons and
complaint to that person's
committee, guardian, or like
fiduciary resident in the State;
or, if there be no such
committee, guardian, or like
fiduciary, or if the committee,
guardian, or like fiduciary is a
plaintiff, service of process
shall be made upon a guardian ad
litem appointed under Rule 17
(c).
- Domestic private
corporations. Upon a domestic
private corporation,
- (A) by delivering or
mailing in accordance with
paragraph (1) above a copy
of the summons and complaint
to an officer, director, or
trustee thereof; or, if no
such officer, director, or
trustee be found, by
delivering a copy thereof to
any agent of the corporation
including, in the case of a
railroad company, a depot or
station agent in the actual
employment of the company;
but excluding, in the case
of an insurance company, a
local or soliciting agent;
or
- (B) by delivering or
mailing in accordance with
paragraph (1) above a copy
thereof to any agent or
attorney in fact authorized
by appointment or by statute
to receive or accept service
in its behalf.
- Domestic public
corporations.
- Upon a city, town, or
village, by delivering or
mailing in accordance with
paragraph (1) above a copy
of the summons and complaint
to its mayor, city manager,
recorder, clerk, treasurer,
or any member of its council
or board of commissioners;
- Upon a county commission
of any county or other
tribunal created to transact
county business, by
delivering or mailing in
accordance with paragraph
(1) above a copy of the
summons and complaint to any
commissioner or the clerk
thereof or, if they be
absent, to the prosecuting
attorney of the county;
- Upon a board of
education, by delivering or
mailing in accordance with
paragraph (1) above a copy
of the summons and complaint
to the president or any
member thereof or, if they
be absent, to the
prosecuting attorney of the
county;
- Upon any other domestic
public corporation, (i) by
delivering or mailing in
accordance with paragraph
(1) above a copy of the
summons and complaint to any
officer, director, or
governor thereof, or (ii) by
delivering or mailing in
accordance with paragraph
(1) above a copy thereof to
an agent or attorney in fact
authorized by appointment or
by statute to receive or
accept service in its
behalf.
- Foreign corporations and
business trusts qualified to do
business. Upon a foreign
corporation, including a
business trust, which has
qualified to do business in the
State, by delivering or mailing
in accordance with paragraph (1)
above a copy of the summons and
complaint as provided in Rule
4(d)(5).
- Foreign corporations and
business trusts not qualified to
do business. Upon a foreign
corporation, including a
business trust, which has not
qualified to do business in the
State,
- (A) by delivering or
mailing in accordance with
paragraph (1) above a copy
of the summons and complaint
to any officer, director,
trustee, or agent of such
corporation; or
- (B) by delivering or
mailing in accordance with
paragraph (1) above copies
thereof to any agent or
attorney in fact authorized
by appointment or by statute
to receive or accept service
in its behalf.
- Unincorporated associations.
Upon an unincorporated
association which is subject to
suit under a common name, by
delivering a copy of the summons
and complaint to any officer,
director, or governor thereof,
or by delivering or mailing in
accordance with paragraph (1)
above a copy of the summons and
complaint to any agent or
attorney in fact authorized by
appointment or by statute to
receive or accept service in its
behalf; or, if no such officer,
director, governor, or appointed
or statutory agent or attorney
in fact be found, then by
delivering or mailing in
accordance with paragraph (1)
above a copy of the summons and
complaint to any member of such
association and publishing
notice of the pendency of such
action once a week for two
successive weeks in the
newspaper of general circulation
in the county wherein such
action is pending. Proof of
publication of such notice is
made by filing the publisher's
certificate of publication with
the court.
Constructive service.
- Service by publication. If
the plaintiff shall file with
the court an affidavit:
- That the defendant is a
foreign corporation or
business trust for which no
officer, director, trustee,
agent, or appointed or
statutory agent or attorney
in fact is found in the
State upon whom service may
be had; or
- That the defendant is a
nonresident of the State for
whom no agent, or appointed
or statutory agent or
attorney in fact is found in
the State upon whom service
may be had; or
- That the plaintiff has
used due diligence to
ascertain the residence or
whereabouts of the
defendant, without effect;
or
- That process, delivered
to the sheriff of the county
in which the defendant
resides or is, has twice
been delivered to such
officer and has been
returned without being
executed; or
- That there are or may be
persons, other than those
named in the complaint as
plaintiff and defendant,
interested in the subject
matter of the action, whose
names are unknown to the
plaintiff and who are made
defendants by the general
description of unknown
defendants; then clerk shall
enter an order of
publication against such
named and unknown
defendants. Every order of
publication shall state the
title of the action; the
object thereof; the name and
address of the plaintiff's
attorney, if any; that a
copy of the complaint may be
obtained from the clerk; and
that each named and unknown
defendant must appear and
defend on or before a date
set forth in the order,
which shall be not fewer
than 30 days after the first
publication thereof;
otherwise, that judgment by
default will be rendered
against the defendants at
any time thereafter. Every
such order of publication
shall be published once a
week for two successive
weeks (or for such period as
may be prescribed by
statute, whichever period is
longer) in a newspaper of
general circulation in the
county wherein such action
is pending. Proof of service
by publication is made by
filing the publisher's
certificate of publication
with the court.
- Service by mailing. When
plaintiff knows the residence of
a defendant upon whom service
has been unsuccessfully
attempted as described in Rule
or when plaintiff knows the
residence of a nonresident
defendant or the principal
office of a nonresident
defendant foreign corporation or
business trust for which no
officer, director, trustee,
agent, or appointed or statutory
agent or attorney in fact is
found in the State upon whom
service may be had, plaintiff
shall obtain constructive
service of the summons and
complaint upon such defendant by
the method set forth in Rule for
(d)(1)(D). The summons in such
instance shall notify the
defendant that the defendant
must appear and defend within
thirty days of the date of
mailing pursuant to Rule 4
(d)(1)(D); otherwise, that
judgment by default will be
rendered against the defendant
at any time thereafter. However,
service pursuant to Rule 4
(d)(1)(D) shall not be the basis
for the entry of a judgment by
default unless the record
contains a return receipt
showing acceptance by the
defendant or a return envelope
showing refusal of the certified
mail by the defendant. If
delivery of the summons and
complaint sent by the certified
mail is refused, the clerk,
promptly upon notice of such
refusal, shall mail to the
defendant, first class mail,
postage prepaid, a copy of the
summons and complaint and a
notice that despite such refusal
the case will proceed and that
judgment by default will be
rendered against defendant
unless defendant appears to
defend the suit. If plaintiff is
unable to obtain service of the
summons and complaint upon such
defendant by use of the method
set forth in Rule 4 (d)(1)(D),
then, upon affidavit to such
effect filed with the court, the
clerk shall issue an order of
publication, and the procedures
described in subdivision (e)(1)
shall be followed to effectuate
constructive service.
Personal service outside
State.
Personal service of a copy of the
summons and complaint may be made
outside of this State on any
defendant. If any such defendant be
then a resident of this State and if
the plaintiff shall during the
pendency of the action file with the
court an affidavit setting forth
facts showing that the defendant is
such a resident, such service shall
have the same effect as personal
service within this State and within
the county of the defendant's
residence; otherwise, such service
shall have the same effect as
constructive service. In either
case, the summons shall notify the
defendant that the defendant must
appear and defend within 30 days
after service, otherwise judgment by
default will be rendered against the
defendant at any time thereafter.
Summons; service thereof in
addition to constructive service.
The plaintiff may, at any time
before judgment, have a copy of the
summons and complaint served on a
defendant in the manner provided by
subdivisions (d) or (f) of this
rule, although constructive service
under subdivision (e) of this rule
has been made. After such service
under subdivision (d) of this rule,
the action shall proceed as in other
cases of personal or substituted
service within the State; and after
such service under subdivision (f)
of this rule, the action shall
proceed as in other cases of
personal or constructive service.
Process part of record.
Summonses, complaints, proofs of
service and returns endorsed
thereon, all orders and notices
served or published, all proofs of
service and certificates of
publication, and all other papers
filed relating to such process,
orders, and notices, are a part of
the record of an action for all
purposes.
The person serving the process
or order or publishing a notice or
order shall make proof of service of
publication to the court promptly
and in any event within the time
during which the person served must
respond to the process, notice, or
order.
If service is made by a person
other than the sheriff or clerk,
that person shall make proof thereof
by affidavit. Failure to make proof
of service or publication within the
time required does not affect the
validity of the service of the
process, notice, or order.
Amendment.
At any time in its discretion and
upon such terms as it deems just,
the court may allow any process,
notice, or order, or proof of
service or publication thereof to be
amended, unless it clearly appears
that material prejudice would result
to the substantial rights of the
party against whom the process,
notice, or order issued or was
entered.
Time limit for service.
If service of the summons and
complaint is not made upon a
defendant within 120 days after the
filing of the complaint, the court,
upon motion or on its own initiative
after notice to the plaintiff, shall
dismiss the action without prejudice
as to that defendant or direct that
service be effective within a
specified time; provided that if the
plaintiff shows good cause for the
failure, the court shall extend the
time for service for an appropriate
period.
(Amended by order adopted June 1,
1978; by order adopted June 22,
1988, effective October 1, 1988; by
order entered November 29, 1989,
effective January 1, 1990; by order
dated June 26, 1990, effective July
1, 1990; by order adopted October
26, 1994, effective January 1, 1995;
by order adopted December 6, 1994,
effective January 1, 1995; by order
adopted February 19, 1998, effective
April 6, 1998; and amended by order
adopted and effective October 26,
1998.)
Case Note:
A convicted felon who has completed
the punishment and paid all fines
set by judgment of the court is
considered to be a credible person
for the purpose of service of
process. State ex rel. Wolfe v.
King, 443 S.E.2d 823 (W.Va. 1994).
Rule
45. Subpoena.
Form; issuance.
- Every subpoena shall be in a
form which substantially
complies with Form 33. Civil
Case Subpoena, as set forth in
the Appendix of Forms of the
Rules of Civil Procedure. Every
subpoena shall run in the name
of the State, and shall
- state the name of the
court from which it is
issued;
- state the title of the
action, the name of the
court in which it is
pending, and its civil
action number;
- command each person to
whom it is directed to
attend and give testimony or
to produce and permit
inspection and copying of
designated books, documents
or tangible things in the
possession, custody or
control of that person, or
to permit inspection of
premises, at a time and
place therein specified; and
- set forth the text of
subdivisions (c), (d) and
(e) of this rule. A command
to produce evidence or to
permit inspection may be
joined with a command to
appear at trial or hearing
or at deposition, or may be
issued separately.
- A subpoena commanding
attendance at a trial or hearing
shall issue from the court for
the circuit in which the hearing
or trial is to be held. A
subpoena for attendance at a
deposition shall issue from the
court for the circuit designated
by the notice of deposition as
the circuit in which the
deposition is to be taken. If
separate from a subpoena
commanding the attendance of a
person, a subpoena for
production or inspection shall
issue from the court for the
circuit in which the production
or inspection is to be made.
- The clerk shall issue a
subpoena, signed but otherwise
in blank, to a party requesting
it, who shall complete it before
service. An attorney as officer
of the court may also issue and
sign a subpoena.
Service.
- A subpoena may be served by
any person who is not a party
and is not less than 18 years of
age. Service of a subpoena upon
a person named therein shall be
made in the same manner provided
for service of process under
Rule 4 (d) (1) (A) and by
tendering to that person if
demanded the fees for one day's
attendance and the mileage
allowed by law. When the
subpoena is issued on behalf of
the State or an officer or
agency thereof, fees and mileage
need not be tendered. Prior
notice of any commanded
production of documents and
things or inspection of premises
before trial shall be served on
each party in the manner
prescribed by Rule 5 (b).
- A subpoena may be served at
any place within the State.
- Proof of service when
necessary shall be made by
filing with the clerk of the
court by which the subpoena is
issued a statement of the date
and manner of service and of the
names of the persons served,
certified by the person who made
the service.
Place of the examination.
A deponent may be required to
attend an examination only in the
county in which the deponent resides
or is employed or transacts business
in person, or at such other
convenient place as is fixed by an
order of court.
Protection of persons subject
to subpoenas.
- A party or an attorney
responsible for the issuance and
service of a subpoena shall take
reasonable steps to avoid
imposing undue burden or expense
on a person subject to that
subpoena. The court on behalf of
which the subpoena was issued
may enforce this duty and impose
upon the party or attorney in
breach of this duty an
appropriate sanction, which may
include, but is not limited to,
lost earnings and a reasonable
attorney's fee.
- (A) A person commanded to
produce and permit inspection
and copying of designated books,
papers, documents or tangible
things, or inspection of
premises need not appear in
person at the place of
production or inspection unless
commanded to appear for
deposition, hearing, or trial.
(B) Subject to paragraph (e) (2)
of this rule, a person commanded
to produce and permit inspection
and copying may, within 14 days
after service of the subpoena or
before the time specified for
compliance if such time is less
than 14 days after service,
serve upon the party or attorney
designated in the subpoena
written objection to inspection
or copying of any or all of the
designated materials or of the
premises. If objection is made,
the party serving the subpoena
shall not be entitled to inspect
and copy the materials or
inspect the premises except
pursuant to an order of the
court by which the subpoena was
issued. If objection has been
made, the party serving the
subpoena may, upon notice to the
person commanded to produce,
move at any time for an order to
compel the production. Such an
order to compel production shall
protect any person who is not a
party or an officer of a party
from significant expense
resulting from the inspection
and copying commanded.
- On timely motion, the court
by which a subpoena was issued
shall quash or modify the
subpoena if it
- fails to allow
reasonable time for
compliance;
- requires a person to
travel for a deposition to a
place other than the county
in which that person resides
or is employed or transacts
business in person or at a
place fixed by order of the
court;
- requires disclosure of
privileged or other
protected matter and no
exception or waiver applies,
or
- subjects a person to
undue burden.
- If a subpoena
- requires disclosure of a
trade secret or other
confidential research,
development, or commercial
information, or
- requires disclosure of
an unretained expert's
opinion or information not
describing specific events
or occurrences in dispute
and resulting from the
expert's study made not at
the request of any party.
the court may, to protect a
person subject to or
affected by the subpoena,
quash or modify the subpoena
or, if the party in whose
behalf the subpoena is
issued shows a substantial
need for the testimony or
material that cannot be
otherwise met without undue
hardship and assures that
the person to whom the
subpoena is addressed will
be reasonably compensated,
the court may order
appearance or production
only upon specified
conditions.
Duties in responding to
subpoena.
- A person responding to a
subpoena to produce documents
shall produce them as they are
kept in the usual course of
business or shall organize and
label them to correspond with
the categories in the demand.
- When information subject to
a subpoena is withheld on a
claim that it is privileged or
subject to protection as trial
preparation materials, the claim
shall be made expressly and
shall be supported by a
description of the nature of the
documents, communications, or
things not produced that is
sufficient to enable the
demanding party to contest the
claim.
Contempt.
Failure by any person without
adequate excuse to obey a subpoena
served upon that person may be
deemed a contempt of the court from
which the subpoena issued. An
adequate cause for failure to obey
exists when a subpoena purports to
require a non-party deponent to
attend at a place not within the
limits provided by subdivision (c)
of this rule.
(Amended by order adopted June
1, 1978; by order adopted June 22,
1988, effective October 1, 1988; and
by order adopted February 19, 1998,
effective April 6, 1998.)
CivilProcedure.info does not
warrant the accuracy of these rules of civil procedure or laws. The rules of civil procedure or laws listed on
CivilProcedure.info are only a
starting point for reference, and
are not meant to be legal advice or
a replacement for legal console.
Please consult a process server in
your area, county, or state if you
have any questions about process
service there.
Process Servers |
