Rule 4. Summons

WyomingCourt rules

Ask Donna

How this section applies to your facts.

Wyoming Court Rules › Wyoming Rules of Civil Procedure › W.R.C.P. 4

This text was captured on Aug 14, 2026. It is a snapshot, not a live feed, so check the official code before relying on it.

Text

(a) Contents. — A summons must:

(1) name the court and the parties;

(2) be directed to the defendant;

(3) state the name and address of the plaintiff’s attorney or — if unrepresented — 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) be signed by the clerk; and

(7) bear the court’s seal.

(b) Issuance. — On or after ﬁling the complaint, 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.

may be served:

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

Rule 3.2

(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 court.

(d) Personal Service. — The summons and complaint shall be served

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

as are necessary.

tes

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 court.

(d) Personal Service. — The summons and complaint 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 complaint 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 complaint 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

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

(i) delivering a copy of the summons and of the complaint 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.

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.

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 complaint 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.

opy of the

summons and of the complaint 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) Service by Publication. — Service by publication may be had where

speciﬁcally provided for by statute, and 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;

encumbrance or charge;

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

(2) In actions to establish or set aside a will, where the defendant resides

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

(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

(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;

ndant is a foreign corporation, or

(B) a nonresident of this state, or

(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

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 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;

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) When an appellee has no attorney of record in this state, and is a

nonresident of and is absent from the state, or has left the state to avoid the

service of notice or process, or the appellee keeps concealed so that notice or

process cannot be served;

(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) In suits for divorce, alimony, custody, visitation, support, to affirm or

declare a marriage void, or the modiﬁcation of any decree therefor entered in

such suit, when the defendant is a nonresident of the state, or the

defendant’s residence cannot be ascertained, or the defendant keeps concealed in order to avoid service of process;

(10) In actions for adoption, establishing a guardianship or a conservatorship, and termination of parental rights;

(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 including

appeals from the determination of the state board of control, 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

te to the priority of appropriations of such waters including

appeals from the determination of the state board of control, 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 Service by Publication. —

(1) Affidavit Required. — Before service by publication can be made, an

affidavit of the party, or the party’s agent or attorney, must be ﬁled stating:

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

defendant to be served by publication, 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

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

(E) when such affidavit is ﬁled, the party may proceed to make service

by publication.

(2) Publication and Notice to Clerk.

(A) Address in publication. — 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.

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

the party making the service shall deliver to the clerk copies of the

publication, and the clerk shall mail a copy to each defendant whose name

and address is known by registered or certiﬁed mail and marked ‘Restricted Delivery‘ with return receipt requested, directed to the defendant’s address named therein, and make an entry thereof on the appearance docket.

tion

the party making the service shall deliver to the clerk copies of the

publication, and the clerk shall mail a copy to each defendant whose name

served by publication of notice and there has been no delivery of the notice

mailed to the defendant by the clerk, the party who makes the service, or

the party’s agent or attorney, at the time of the hearing and prior to entry

of judgment, shall make and ﬁle an affidavit stating

(i) the address of such defendant as then known to the affiant, or if

unknown,

(ii) that the affiant has been unable to ascertain the same with the

exercise of reasonable diligence, and

(iii) detailing the efforts made to obtain an address.

Such additional notice, if any, shall then be given as may be directed by

the court.

(m) Publication of Notice. — The publication must be made by the clerk for

four consecutive weeks in a newspaper published:

(1) in the county where the complaint is ﬁled; or

(2) 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

(3) if publication is made in a daily newspaper, one insertion a week shall

be sufficient; and

(4) publication must contain

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

(B) mention the court wherein it is ﬁled,

answer, and

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

may be rendered against them if they fail to appear.

wspaper, one insertion a week shall

be sufficient; and

(4) publication must contain

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

(B) mention the court wherein it is ﬁled,

answer, and

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

may be rendered against them if they fail to appear.

(n) When Service by Publication is Complete; Proof. —

(1) Completion. — Service by publication shall be deemed complete at the

date of the last publication, when made in the manner and for the time

prescribed in the preceding sections; and

(2) Proof. — Service by publication shall be proved by affidavit.

(3) For purposes of Rule 4(u), when service is made by publication, a

defendant shall be deemed served on the date of the ﬁrst publication.

(o) 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 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.

hen 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 court costs in such action or proceeding, which shall be paid to the clerk of

the court in which such action or proceeding is pending by the party causing

such notice to be published and ﬁnally assessed as the 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 complaint.

(2) Service by Registered or Certiﬁed Mail. — The clerk shall send by

registered or certiﬁed mail:

(A) Upon the request of any party

(B) a copy of the complaint and summons

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 clerk shall ﬁle the same and enter a certiﬁcate in the

cause showing the making of such service.

icted 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 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. — The person serving the process shall make proof of

service thereof to the court promptly and 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;

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 clerk as to the mailing of copies where required;

(E) By the written admission, acceptance or waiver 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 court that the summons and

complaint were delivered to the addressee.

) 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 court that the summons and

complaint 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 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) Waiving Service. —

(1) Requesting a Waiver. — 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 waive 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;

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 waiver, which

shall be at least 30 days from the date on which the request is sent, or 60

days from that date

copy of the complaint and shall identify the

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 waiver, which

shall be at least 30 days from the date on which the request is sent, or 60

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 Waive. — If a defendant located within the United States

fails to comply with a request for waiver made by a plaintiff located within

the United States, the court shall impose the costs subsequently incurred in

effecting service on the defendant unless good cause for the failure is shown.

(3) Time to Answer After a Waiver. — A defendant that, before being

served with process, timely returns a waiver so requested is not required to

serve an answer to the complaint until 60 days after the date on which the

request for waiver of service was sent, or 90 days after that date if the

defendant was addressed outside the United States.

(4) Results of Filing a Waiver. — When the plaintiff ﬁles a waiver of

service with the court, the action shall proceed, except as provided in

paragraph (3), as if a summons and complaint had been served at the time

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

(5) Jurisdiction and Venue Not Waived. — A defendant who waives service

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

jurisdiction of the court over the person of the defendant.

e court, the action shall proceed, except as provided in

paragraph (3), as if a summons and complaint had been served at the time

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

(5) Jurisdiction and Venue Not Waived. — A defendant who waives service

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

jurisdiction of the 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.

(v) Acceptance of Service. —

(1) A defendant who accepts service of a summons does not thereby waive

any objection to the venue or to the jurisdiction of the court over the person

of the defendant.

(2) The acceptance of service shall:

(A) Be in writing;

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

counsel;

upon the plaintiff’s attorney an answer to the complaint, 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.

(3) When an acceptance of service is ﬁled with the court, the action shall

proceed as if a summons and complaint had been served at the time of

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

(4) Nothing in this Rule 4(v) shall compel any defendant to accept service

of a summons under this Rule 4(v).

acceptance; and

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

(3) When an acceptance of service is ﬁled with the court, the action shall

proceed as if a summons and complaint had been served at the time of

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

(4) Nothing in this Rule 4(v) shall compel any defendant to accept service

of a summons under this Rule 4(v).

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

after the complaint is ﬁled, the 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 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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.