W.R.C.P.Ch.C. 4

(a) Contents. A summons must:

(1) name the chancery court and the parties;

(2) be directed to the defendant;

(3) state the name and address of the plaintiff’s attorney or--if unrepre-

sented--of the plaintiff;

(4) state the time within which the defendant must appear and defend;

(5) notify the defendant that a failure to appear and defend may result in

a default judgment against the defendant for the relief demanded in the

complaint;

(6) attach a copy or include the language of Rule 5(c)(2);

(7) be signed by the clerk; and

(8) bear the chancery court’s seal.

(b) Issuance. On or after filing the initial pleading, the plaintiff may present

a summons to the clerk for signature and seal. If the summons is properly

completed, the clerk must sign, seal, and issue it to the plaintiff for service on

the defendant. A summons--or a copy of a summons that is addressed to

multiple defendants--must be issued for each defendant to be served.

(c) By Whom Served. Except as otherwise ordered by the chancery court,

process may be served:

(1) By any person who is at least 18 years old and not a party to the action;

(2) At the request of the party causing it to be issued, by the sheriff of the

county where the service is made or sheriff’s designee, or by a United States

marshal or marshal’s designee;

(3) In the event service is made by a person other than a sheriff or U.S.

marshal, the amount of costs assessed therefor, if any, against any adverse

party shall be within the discretion of the chancery court.

(d) Personal Service. The summons and initial pleading shall be served

together. The plaintiff shall furnish the person making service with such copies

as are necessary.

(e) Serving an Individual Within the United States. An individual other than

a person under 14 years of age or an incompetent person may be served within

the United States:

(1) by delivering a copy of the summons and of the initial pleading to the

individual personally,

(2) by leaving copies thereof at the individual’s dwelling house or usual

place of abode with some person over the age of 14 years then residing

therein,

(3) at the defendant’s usual place of business with an employee of the

defendant then in charge of such place of business, or

(4) by delivering a copy of the summons and of the initial pleading to an

agent authorized by appointment or by law to receive service of process.

(f) Serving an Individual in a Foreign Country. An individual--other than a

person under 14 years of age or an incompetent person--may be served at a

place not within the United States:

(1) by any internationally agreed means of service that is reasonably

calculated to give notice, such as those authorized by the Hague Convention

on the Service Abroad of Judicial and Extrajudicial Documents;

(2) if there is no internationally agreed means, or if an international

agreement allows but does not specify other means, by a method that is

reasonably calculated to give notice:

(A) as prescribed by the foreign country’s law for service in that country

in an action in its courts of general jurisdiction;

(B) as the foreign authority directs in response to a letter rogatory or

letter of request; or

(C) unless prohibited by the foreign country’s law, by:

(i) delivering a copy of the summons and of the initial pleading to the

individual personally; or

(ii) using any form of mail that the clerk addresses and sends to the

individual and that requires a signed receipt; or

(3) by other means not prohibited by international agreement, as the

court orders.

(g) Serving a Person Under 14 years of Age or an Incompetent Person. An

individual under 14 years of age or an incompetent person may be served

within the United States by serving a copy of the summons and of the

complaint upon the guardian or, if no guardian has been appointed in this

state, then upon the person having legal custody and control or upon a

guardian ad litem. An individual under 14 years of age or an incompetent

person who is not within the United States must be served in the manner

prescribed by Rule 4(f)(2)(A), (f)(2)(B), or (f)(3).

(h) Serving a Corporation, Partnership, or Association.

(1) Service upon a partnership, or other unincorporated association,

within the United States shall be made:

(A) by delivery of copies to one or more of the partners or associates, or

a managing or general agent thereof, or agent for process, or

(B) by leaving same at the usual place of business of such defendant

with any employee then in charge thereof.

(2) Service upon a corporation within the United States shall be made:

(A) by delivery of copies to any officer, manager, general agent, or agent

for process, or

(B) If no such officer, manager or agent can be found in the county in

which the action is brought such copies may be delivered to any agent or

employee found in such county.

(C) If such delivery be to a person other than an officer, manager,

general agent or agent for process, the clerk, at least 20 days before default

is entered, shall mail copies to the corporation by registered or certified

mail and marked “restricted delivery” with return receipt requested, at its

last known address.

(3) Service upon a partnership, other unincorporated association, or

corporation not within the United States shall be made in any manner

prescribed by Rule 4(f) for serving an individual, except personal delivery

under (f)(2)(C)(i).

(i) Serving a Department or Agency of the State, or a Municipal or Other

Public Corporation. Service upon a department or agency of the state, a

municipal or other public corporation shall be made by delivering a copy of the

summons and of the initial pleading to the chief executive officer thereof, or to

its secretary, clerk, person in charge of its principal office or place of business,

or any member of its governing body, or as otherwise provided by statute.

(j) Serving the Secretary of State. Service upon the secretary of state, as

agent for a party shall be made when and in the manner authorized by statute.

(k) Alternative Service. Alternative service is service by means other than

personal service. Alternative service includes service by publication or any

other means reasonably calculated to provide actual notice unless a specific

method is provided by law. Alternative service may be had in the following

cases:

(1) When the defendant resides out of the state, or the defendant’s

residence cannot be ascertained, and the action is:

(A) For the recovery of real property or of an estate or interest therein;

(B) For the partition of real property;

(C) For the sale of real property under a mortgage, lien or other

encumbrance or charge;

(D) To compel specific performance of a contract of sale of real estate;

(2) Not Applicable.

(3) In actions in which it is sought by a provisional remedy to take, or

appropriate in any way, the property of the defendant, when:

(A) the defendant is a foreign corporation, or

(B) a nonresident of this state, or

(C) the defendant’s place of residence cannot be ascertained,

(D) and in actions against a corporation incorporated under the laws of

this state, which has failed to elect officers, or to appoint an agent, upon

whom service of summons can be made as provided by these rules and

which has no place of doing business in this state;

(4) In actions which relate to, or the subject of which is real or personal

property in this state, when

(A) a defendant has or claims a lien thereon, or an actual or contingent

interest therein or the relief demanded consists wholly or partly in

excluding the defendant from any interest therein, and

(B) the defendant is a nonresident of the state, or a dissolved domestic

corporation which has no trustee for creditors and stockholders, who

resides at a known address in Wyoming, or

(C) the defendant is a domestic corporation which has failed to elect

officers or appoint other representatives upon whom service of summons

can be made as provided by these rules, or to appoint an agent as provided

by statute, and which has no place of doing business in this state, or

(D) the defendant is a domestic corporation, the certificate of incorporation of which has been forfeited pursuant to law and which has no

trustee for creditors and stockholders who resides at a known address in

Wyoming, or

(E) the defendant is a foreign corporation, or

(F) the defendant’s place of residence cannot be ascertained;

(5) In actions against trustees, personal representatives, conservators, or

guardians, when the defendant has given bond as such in this state, but at

the time of the commencement of the action is a nonresident of the state, or

the defendant’s place of residence cannot be ascertained;

(6) In actions where the defendant is a resident of this state, but has

departed from the county of residence with the intent to delay or defraud the

defendant’s creditors, or to avoid the service of process, or keeps concealed

with like intent;

(7) Not Applicable.

(8) In an action or proceeding under Rule 60, to modify or vacate a

judgment after term of court, or to impeach a judgment or order for fraud, or

to obtain an order of satisfaction thereof, when a defendant is a nonresident

of the state or the defendant’s residence cannot be ascertained;

(9) Not Applicable.

(10) Not Applicable.

(11) In all actions or proceedings which involve or relate to the waters, or

right to appropriate the waters of the natural streams, springs, lakes, or

other collections of still water within the boundaries of the state, or which

involve or relate to the priority of appropriations of such waters, and in all

actions or proceedings which involve or relate to the ownership of means of

conveying or transporting water situated wholly or partly within this state,

when the defendant or any of the defendants are nonresidents of the state or

the defendant’s residence or their residence cannot be ascertained.

(l) Requirements for Alternative Service.

(1) Motion and Affidavit Required. Before alternative service can be made,

the party seeking service shall file a motion for alternative service with a

supporting affidavit of the party, or the party’s agent or attorney stating:

(A) that service of a summons cannot be made within this state, on the

defendant to be served by publication or alternative means, and

(B) stating the defendant’s address, if known, or that the defendant’s

address is unknown and cannot with reasonable diligence be ascertained,

and

(C) detailing the efforts made to obtain an address, and

(D) that the case is one of those mentioned in subdivision (k), and

(E) the requested means of service is reasonably calculated to provide

actual notice to the defendant and the factual basis to support that

assertion. If no other alternative service is reasonably calculated to

provide actual notice to the defendant, the moving party may request that

the court allow alternative service by publication. The party may proceed

to make service when the court enters an order approving the means for

the alternative service.

(2) Order.

(A) The court shall find that personal service of a summons pursuant to

Rule 4(e) cannot be made on the defendant to be served; and

(i) The manner of alternative service proposed by the serving party is

reasonably likely to provide actual notice to the defendant; or

(ii) That no other manner of service is reasonably likely to provide

actual notice to the defendant and therefore service by publication shall

be required.

(B) The court order allowing alternative service shall:

(i) State the requirements for service, which may include a requirement that the serving party include a copy of the court’s order with the

documents to be served;

(ii) State how the serving party must prove service occurred; and

(iii) State the conditions under which service is deemed complete.

(3) Alternative Service When Permitted. When alternative service is required by law or by order of the court, the following provisions apply.

(A) The person seeking service shall effectuate service as required by

the court’s order permitting alternative service.

(B) For service by publication:

(i) In any case in which service by publication is made when the

address of a defendant is known, it must be stated in the publication.

(ii) The clerk shall sign a notice of publication, which must be

published by the party seeking service by publication for four consecutive weeks in a newspaper published:

(a.) in the county where the complaint is filed; or

(b.) if there is no newspaper published in the county, then in a

newspaper published in this state, and of general circulation in such

county; and

(c.) if publication is made in a daily newspaper, one insertion a

week shall be sufficient; and

(d.) publication must contain:

(I) a summary statement of the object and prayer of the complaint,

(II) mention the court wherein it is filed,

(III) notify the person or persons to be served when they are

required to answer, and

(IV) notify the person or persons to be served that judgment by

default may be rendered against them if they fail to appear.

(iii) Notice to and from clerk. Immediately after the first publication

the party making the service shall deliver to the clerk a certificate of

mailing to the clerk for signature and seal and one (1) copy of the papers

served and a copy of the publication. The certificate of mailing shall

state that the clerk mailed the provided papers to the served party —

and a description of papers served — at their last known address by

certified mail. The party making service shall tender the cost of mailing

as provided by Rule 4(x).

(m) [Reserved]

(n) Proof of Service. After the serving party accomplishes service pursuant

to the court’s order or Rule, the party shall:

(1) If service was by publication, file the affidavit of the publisher showing

the requisite publications.

(2) If service was by other alternative means, file a notarized statement

that service was accomplished according to the court order accompanied by

evidence to support the statement as provided in the order permitting

service.

(o) Alternative Service by Publication upon Unknown Persons. When an heir,

devisee, or legatee of a deceased person, or a bondholder, lienholder or other

person claiming an interest in the subject matter of the action is a necessary

party, and it appears by affidavit that the person’s name and address are

unknown to the party making service, proceedings against the person may be

had by designating the person as an unknown heir, devisee or legatee of a

named decedent or defendant, or in other cases as an unknown claimant, and

alternative service by publication may be had as provided in these rules for

cases in which the names of the defendants are known.

(p) Publication in Another County. When it is provided by rule or statute

that a notice shall be published in a newspaper, and no such paper is published

in the county, or if such paper is published there and the publisher refuses, on

tender of the publisher’s usual charge for a similar notice, to insert the same

in the publisher’s newspaper, then a publication in a newspaper of general

circulation in the county shall be sufficient.

(q) Costs of Publication. The lawful rates for any legal notice published in

any qualified newspaper in this state in connection with or incidental to any

cause or proceeding in any court of record in this state shall become a part of

the chancery court costs in such action or proceeding, which shall be paid to the

clerk of the chancery court in which such action or proceeding is pending by the

party causing such notice to be published and finally assessed as the chancery

court may direct.

(r) Personal Service Outside the State; Service by Registered or Certified

Mail. In all cases where service by publication can be made under these rules,

or where a Wyoming statute permits service outside the state, the plaintiff may

obtain service without publication by:

(1) Personal Service Outside the State. By delivery to the defendant within

the United States of copies of the summons and initial pleading.

(2) Service by Registered or Certified Mail. The chancery court clerk shall

send by registered or certified mail:

(A) Upon the request of any party

(B) a copy of the initial pleading and summons

(C) addressed to the party to be served at the address within the United

States given in the affidavit required under subdivision (l) of this rule.

(D) The mail shall be sent marked “Restricted Delivery,” requesting a

return receipt signed by the addressee or the addressee’s agent who has

been specifically authorized in writing by a form acceptable to, and

deposited with, the postal authorities.

(E) When such return receipt is received signed by the addressee or the

addressee’s agent the chancery court clerk shall file the same and enter a

certificate in the cause showing the making of such service.

(s) Proof of Service.

(1) In General. Plaintiff shall instruct the person serving the process to

make proof of service and return it to plaintiff for prompt filing with the

chancery court within the time during which the person served must

respond to the process.

(2) Proof of Service Within the United States. Proof of service of process

within the United States shall be made as follows:

(A) If served by a Wyoming sheriff, undersheriff or deputy, by a

certificate with a statement as to date, place and manner of service, except

that a special deputy appointed for the sole purpose of making service

shall make proof by the special deputy’s affidavit containing such statement;

(B) If by any other person, by the person’s affidavit of proof of service

with a statement as to date, place and manner of service;

(C) If by registered or certified mail, by the certificate of the chancery

court clerk showing the date of the mailing and the date the clerk received

the return receipt;

(D) If by publication, by the affidavit of publication together with the

certificate of the chancery court clerk as to the mailing of copies where

required;

(E) By the written admission or acceptance of service by the person to

be served, duly acknowledged.

(3) Proof of Service Outside the United States. Proof of service of process

outside the United States shall be made as follows:

(A) if made under Rule 4(f)(1), as provided in the applicable treaty or

convention; or

(B) if made under Rule 4(f)(2) or (f)(3), by a receipt signed by the

addressee, or by other evidence satisfying the chancery court that the

summons and initial pleading were delivered to the addressee.

(4) Failure to Prove Service. Failure to make proof of service does not

affect the validity of the service.

(t) Amendment. At any time in its discretion and upon such terms as it

deems just, the chancery court may permit a summons or proof of service to be

amended, unless it clearly appears that material prejudice would result to the

substantial rights of the party against whom the process issued.

(u) Not Applicable.

(v) Acceptance of Service.

(1) Requesting Acceptance. An individual, corporation, partnership or

other unincorporated association that is subject to service under subdivision

4(e), (f), or (h) has a duty to avoid unnecessary costs of serving the summons.

To avoid costs, the plaintiff may notify such a defendant of the commencement of the action and request that the defendant accept service of a

summons. The notice and request must:

(A) be in writing and shall be addressed directly to the defendant, if an

individual, or else to an officer, manager, general agent, or agent for

process, if a corporation, or else to one or more of the partners or

associates, or a managing or general agent, or agent for process, if a

partnership or other unincorporated association;

(B) be sent through first-class mail or other reliable means;

(C) be accompanied by a copy of the initial pleading and shall identify

the chancery court in which it has been filed;

(D) inform the defendant of the consequences of compliance and of a

failure to comply with the request;

(E) set forth the date on which the request is sent;

(F) allow the defendant a reasonable time to return the acceptance,

which shall be at least 14 days from the date on which the request is sent,

or 21 days from that date if the defendant is addressed outside the United

States; and

(G) provide the defendant with an extra copy of the notice and request,

as well as a prepaid means of compliance in writing.

(2) Failure to Accept Service. If a defendant located within the United

States fails to comply with a request for acceptance of service made by a

plaintiff located within the United States, the chancery court shall impose

the costs subsequently incurred in effecting service on the defendant unless

good cause for the failure is shown.

(3) The acceptance of service shall:

(A) Be in writing;

(B) Be notarized and executed directly by the defendant or defendant’s

counsel;

(C) Inform the defendant of the duty to file with the chancery court

clerk and serve upon the plaintiff’s attorney an answer to the initial

pleading, or a motion under Rule 12, within 20 days after the time of

signing the acceptance; and

(D) Be filed by the party requesting the acceptance of service.

(4) When an acceptance of service is filed with the chancery court, the

action shall proceed as if a summons and initial pleading had been served at

the time of signing the acceptance, and no proof of service shall be required.

(5) Jurisdiction and Venue Not Waived. A defendant who accepts service of

a summons does not thereby waive any objection to the venue or to the

jurisdiction of the chancery court over the person of the defendant.

(6) Costs. The costs to be imposed on a defendant under paragraph (2) for

failure to comply with a request to waive service of a summons shall include

the costs subsequently incurred in effecting service, together with the costs,

including a reasonable attorney’s fee, of any motion required to collect the

costs of service.

(w) Time Limit for Service. If a defendant is not served within 90 days after

the initial pleading is filed, the chancery court--on motion or on its own after

notice to the plaintiff--must dismiss the action without prejudice against that

defendant or order that service be made within a specified time. But if the

plaintiff shows good cause for the failure, the chancery court must extend the

time for service for an appropriate period. This subdivision (w) does not apply

to service in a foreign country under Rule 4(f).

(x) Costs. Any cost of publication or mailing under this rule shall be borne by

the party seeking it.