State Codes and Statutes

Statutes > Wyoming > Title1 > Chapter6

CHAPTER 6 - PROCESS, NOTICE AND LIS PENDENS

 

ARTICLE 1 - IN GENERAL

 

1-6-101. Endorsement by sheriff required.

 

Thesheriff shall endorse upon every writ or order, the day and hour it wasreceived by him.

 

1-6-102. Service of process when sheriff is an interested party.

 

Whenthe sheriff is a party or is interested in an action, process shall be directedto and executed by a person over the age of eighteen (18) years, not a party tothe action, appointed for that purpose by the court.

 

1-6-103. Appointment to serve particular process or order.

 

Forgood cause the court may appoint a person to serve a particular process ororder, who has the same power as the sheriff to execute it. The person may beappointed on the motion of the party who obtains the process or order, and thereturn must be verified by affidavit. He is entitled to the fees allowed thesheriff for similar services.

 

1-6-104. Duties of sheriff.

 

Thesheriff shall execute every summons, order or other process, return the same asrequired by law, and exercise the powers conferred and perform the dutiesenjoined upon him by statute and by the common law.

 

1-6-105. Proceedings when defendants not all served.

 

(a) When service has been made on one (1) or more defendants,but not on all, the plaintiff may proceed as follows:

 

(i) If the action is against defendants jointly indebted uponcontract, he may proceed against the defendants served, unless the courtotherwise directs; or

 

(ii) If the action is against defendants severally liable, hemay without prejudice to his rights against those not served, proceed againstthe defendants served.

 

1-6-106. Lis pendens; generally.

 

Whena summons has been served or publication made, the action is pending so as tocharge third persons with notice of its pendency, and while pending no interestcan be acquired by third persons in the subject matter thereof as against theplaintiff's title.

 

1-6-107. Lis pendens; recordation when real property situate in othercounties; constructive notice.

 

Afterfiling an action in a court of competent jurisdiction the subject matter ofwhich is the title to real property located in one (1) or more counties in thisstate, the plaintiff may file a certified copy of the complaint or a swornnotice of the pendency of the action in the office of the county clerk in thecounty or counties in which the real property is located. The notice shallcontain the names of the parties, the object of the action and a description ofthe property before it shall operate as constructive notice to third parties insuch counties. Notice shall be effective in the county where the action isfiled without filing a document with the county clerk of that county.Constructive notice shall be effective as to property in the county in whichthe complaint is filed as of the date the complaint is filed and shall beeffective as to property in any other county as of the date on which the noticeis filed in the clerk's office of that county.

 

1-6-108. Lis pendens; notice of pendency of action affecting realproperty or action between husband and wife.

 

Inan action in a state court or in a United States district court affecting thetitle or right of possession of real property, or in an action between husbandand wife, the plaintiff at the time of filing the complaint and the defendantat the time of filing his pleading when affirmative relief is claimed or at anytime afterward, may file in the office of the county clerk in which theproperty is situate a notice of pendency of the action containing the names ofthe parties, the object of the action or defense and a description of theproperty in that county affected thereby as provided by W.S. 1-6-107. From thetime of filing the notice a subsequent purchaser or encumbrancer of theproperty shall have constructive notice of the pendency of the action.

 

1-6-109. Lis pendens; record of notice.

 

Thecounty clerk upon the filing of such notice shall record the same in a bookkept for that purpose.

 

1-6-110. Transmission of process by telecommunications.

 

Anysummons, writ or order in any civil proceeding, and all other papers requiringservice may be transmitted by any form of telecommunication for service in anyplace, and the copy of such writ, order or paper so transmitted may be servedor executed by the officer or person to whom it is sent for that purpose andreturned by him, if any return be requisite, in the same manner and with thesame force and effect as the original thereof might be if delivered to him. Theofficer or person serving or executing the same has the same authority and issubject to the same liabilities as if the copy were the original. The original,when a writ or order, must also be filed in the court from which it was issuedand a certified copy thereof shall be preserved in the telecommunication officefrom which it is sent. In sending it, either the original or certified copy maybe used by the operator for that purpose. Whenever any document to be sent bytelecommunication bears a seal, either private or official, it is not necessaryfor the operator to communicate a description of the seal or any words ordevice thereon, but the same may be expressed in the telecommunication by theletters "L. S." or by the word "Seal".

 

1-6-111. Substitution of certified mail for registered mail.

 

Whereverrequired by statute, rule of court or otherwise that service be made or noticegiven by registered mail, such requirement may be satisfied by use of certifiedmail and proof of mailing.

 

ARTICLE 2 - PUBLICATION OF NOTICE

 

1-6-201. Manner of publishing generally.

 

Allnotices by law directed, authorized or permitted to be made by publication maybe published once each week during the period of time for which the notice isrequired by law to be published. All such weekly publications made in anewspaper issued more than once each week shall be published in the same issuein each succeeding week for the required publication period.

 

1-6-202. Notice for certain number of days.

 

Wheneverthe law requires or permits the publication of a notice for a certain number ofdays prior to any action, unless otherwise provided by law the publication maybe made weekly as provided in W.S. 1-6-201, and as often as such weeklypublication can be made during the period of time for which such publication isrequired by law to be made, the first publication to be made as many days priorto such action as the law requires.

 

1-6-203. Notice for specified number of weeks.

 

Inall cases where under the laws a notice is required or permitted to bepublished for a specified number of weeks, it is sufficient that thepublication be made once each week for the number of issues corresponding to thenumber of weeks for which such publication is required to be made, providedthat not more than twenty (20) days shall intervene between the date of thelast publication and the time set for the intended action. In no case shall thenotice given for a longer time than required by law be held defective for thatreason.

 

1-6-204. Publication of real property; descriptions used.

 

Allnotices directed, authorized or permitted to be made by publication thatrequire a legal description of real property on the notice shall include thestreet address for the property used by the United States postal service whenavailable, or the street address used by the county or municipality ifavailable.

 

ARTICLE 3 - SERVICE ON NONRESIDENT MOTORISTS

 

1-6-301. Secretary of state deemed attorney for service; continuanceof action; costs; record of process; jurisdiction; direction of summons.

 

(a) The use and operation of a motor vehicle on any street orhighway within Wyoming by any person upon whom service of process cannot bemade within Wyoming either personally or by service upon a duly appointedresident agent is deemed an appointment of the secretary of state of Wyoming asthe operator's lawful attorney upon whom may be served all legal processes inany proceeding against him, or his personal representative if he be deceased,due to damage or injury to person or property resulting from the operation of amotor vehicle on the streets or highways within this state. Such operationconstitutes the operator's agreement that any process served in any actionagainst him or his personal representative has the same legal force andvalidity as if served upon him or his personal representative personally withinthis state. Service shall be made by serving a copy of the process upon thesecretary of state or by filing such copy in his office, together with paymentof a fee of three dollars ($3.00). Within ten (10) days after the date ofservice, notice of such service and a copy of the process shall be served uponthe defendant or his personal representative either personally or by certifiedmail addressed to the last known address of the defendant or his personalrepresentative. The plaintiff shall file with the clerk of the court in whichthe action is brought an affidavit that he has complied with such requirement.

 

(b) The court in which the action is pending shall order suchcontinuance as necessary to afford the defendant or his personal representativereasonable opportunity to defend the action. The fee of three dollars ($3.00)paid by the plaintiff to the secretary of state at the time of service ofprocess shall be taxed as costs in the suit.

 

(c) The secretary of state shall keep a record of all processesserved showing the date and hour of service and shall arrange and index therecord to make it readily accessible and convenient for inspection. Thedistrict court of the county in which the cause of action arose or the districtcourt of the county in which the plaintiff resides shall have jurisdiction overthe action. The clerk of the district court in which the action is commencedmay issue summons directed to the sheriff of Laramie county, Wyoming forservice upon the secretary of state of Wyoming.

 

State Codes and Statutes

Statutes > Wyoming > Title1 > Chapter6

CHAPTER 6 - PROCESS, NOTICE AND LIS PENDENS

 

ARTICLE 1 - IN GENERAL

 

1-6-101. Endorsement by sheriff required.

 

Thesheriff shall endorse upon every writ or order, the day and hour it wasreceived by him.

 

1-6-102. Service of process when sheriff is an interested party.

 

Whenthe sheriff is a party or is interested in an action, process shall be directedto and executed by a person over the age of eighteen (18) years, not a party tothe action, appointed for that purpose by the court.

 

1-6-103. Appointment to serve particular process or order.

 

Forgood cause the court may appoint a person to serve a particular process ororder, who has the same power as the sheriff to execute it. The person may beappointed on the motion of the party who obtains the process or order, and thereturn must be verified by affidavit. He is entitled to the fees allowed thesheriff for similar services.

 

1-6-104. Duties of sheriff.

 

Thesheriff shall execute every summons, order or other process, return the same asrequired by law, and exercise the powers conferred and perform the dutiesenjoined upon him by statute and by the common law.

 

1-6-105. Proceedings when defendants not all served.

 

(a) When service has been made on one (1) or more defendants,but not on all, the plaintiff may proceed as follows:

 

(i) If the action is against defendants jointly indebted uponcontract, he may proceed against the defendants served, unless the courtotherwise directs; or

 

(ii) If the action is against defendants severally liable, hemay without prejudice to his rights against those not served, proceed againstthe defendants served.

 

1-6-106. Lis pendens; generally.

 

Whena summons has been served or publication made, the action is pending so as tocharge third persons with notice of its pendency, and while pending no interestcan be acquired by third persons in the subject matter thereof as against theplaintiff's title.

 

1-6-107. Lis pendens; recordation when real property situate in othercounties; constructive notice.

 

Afterfiling an action in a court of competent jurisdiction the subject matter ofwhich is the title to real property located in one (1) or more counties in thisstate, the plaintiff may file a certified copy of the complaint or a swornnotice of the pendency of the action in the office of the county clerk in thecounty or counties in which the real property is located. The notice shallcontain the names of the parties, the object of the action and a description ofthe property before it shall operate as constructive notice to third parties insuch counties. Notice shall be effective in the county where the action isfiled without filing a document with the county clerk of that county.Constructive notice shall be effective as to property in the county in whichthe complaint is filed as of the date the complaint is filed and shall beeffective as to property in any other county as of the date on which the noticeis filed in the clerk's office of that county.

 

1-6-108. Lis pendens; notice of pendency of action affecting realproperty or action between husband and wife.

 

Inan action in a state court or in a United States district court affecting thetitle or right of possession of real property, or in an action between husbandand wife, the plaintiff at the time of filing the complaint and the defendantat the time of filing his pleading when affirmative relief is claimed or at anytime afterward, may file in the office of the county clerk in which theproperty is situate a notice of pendency of the action containing the names ofthe parties, the object of the action or defense and a description of theproperty in that county affected thereby as provided by W.S. 1-6-107. From thetime of filing the notice a subsequent purchaser or encumbrancer of theproperty shall have constructive notice of the pendency of the action.

 

1-6-109. Lis pendens; record of notice.

 

Thecounty clerk upon the filing of such notice shall record the same in a bookkept for that purpose.

 

1-6-110. Transmission of process by telecommunications.

 

Anysummons, writ or order in any civil proceeding, and all other papers requiringservice may be transmitted by any form of telecommunication for service in anyplace, and the copy of such writ, order or paper so transmitted may be servedor executed by the officer or person to whom it is sent for that purpose andreturned by him, if any return be requisite, in the same manner and with thesame force and effect as the original thereof might be if delivered to him. Theofficer or person serving or executing the same has the same authority and issubject to the same liabilities as if the copy were the original. The original,when a writ or order, must also be filed in the court from which it was issuedand a certified copy thereof shall be preserved in the telecommunication officefrom which it is sent. In sending it, either the original or certified copy maybe used by the operator for that purpose. Whenever any document to be sent bytelecommunication bears a seal, either private or official, it is not necessaryfor the operator to communicate a description of the seal or any words ordevice thereon, but the same may be expressed in the telecommunication by theletters "L. S." or by the word "Seal".

 

1-6-111. Substitution of certified mail for registered mail.

 

Whereverrequired by statute, rule of court or otherwise that service be made or noticegiven by registered mail, such requirement may be satisfied by use of certifiedmail and proof of mailing.

 

ARTICLE 2 - PUBLICATION OF NOTICE

 

1-6-201. Manner of publishing generally.

 

Allnotices by law directed, authorized or permitted to be made by publication maybe published once each week during the period of time for which the notice isrequired by law to be published. All such weekly publications made in anewspaper issued more than once each week shall be published in the same issuein each succeeding week for the required publication period.

 

1-6-202. Notice for certain number of days.

 

Wheneverthe law requires or permits the publication of a notice for a certain number ofdays prior to any action, unless otherwise provided by law the publication maybe made weekly as provided in W.S. 1-6-201, and as often as such weeklypublication can be made during the period of time for which such publication isrequired by law to be made, the first publication to be made as many days priorto such action as the law requires.

 

1-6-203. Notice for specified number of weeks.

 

Inall cases where under the laws a notice is required or permitted to bepublished for a specified number of weeks, it is sufficient that thepublication be made once each week for the number of issues corresponding to thenumber of weeks for which such publication is required to be made, providedthat not more than twenty (20) days shall intervene between the date of thelast publication and the time set for the intended action. In no case shall thenotice given for a longer time than required by law be held defective for thatreason.

 

1-6-204. Publication of real property; descriptions used.

 

Allnotices directed, authorized or permitted to be made by publication thatrequire a legal description of real property on the notice shall include thestreet address for the property used by the United States postal service whenavailable, or the street address used by the county or municipality ifavailable.

 

ARTICLE 3 - SERVICE ON NONRESIDENT MOTORISTS

 

1-6-301. Secretary of state deemed attorney for service; continuanceof action; costs; record of process; jurisdiction; direction of summons.

 

(a) The use and operation of a motor vehicle on any street orhighway within Wyoming by any person upon whom service of process cannot bemade within Wyoming either personally or by service upon a duly appointedresident agent is deemed an appointment of the secretary of state of Wyoming asthe operator's lawful attorney upon whom may be served all legal processes inany proceeding against him, or his personal representative if he be deceased,due to damage or injury to person or property resulting from the operation of amotor vehicle on the streets or highways within this state. Such operationconstitutes the operator's agreement that any process served in any actionagainst him or his personal representative has the same legal force andvalidity as if served upon him or his personal representative personally withinthis state. Service shall be made by serving a copy of the process upon thesecretary of state or by filing such copy in his office, together with paymentof a fee of three dollars ($3.00). Within ten (10) days after the date ofservice, notice of such service and a copy of the process shall be served uponthe defendant or his personal representative either personally or by certifiedmail addressed to the last known address of the defendant or his personalrepresentative. The plaintiff shall file with the clerk of the court in whichthe action is brought an affidavit that he has complied with such requirement.

 

(b) The court in which the action is pending shall order suchcontinuance as necessary to afford the defendant or his personal representativereasonable opportunity to defend the action. The fee of three dollars ($3.00)paid by the plaintiff to the secretary of state at the time of service ofprocess shall be taxed as costs in the suit.

 

(c) The secretary of state shall keep a record of all processesserved showing the date and hour of service and shall arrange and index therecord to make it readily accessible and convenient for inspection. Thedistrict court of the county in which the cause of action arose or the districtcourt of the county in which the plaintiff resides shall have jurisdiction overthe action. The clerk of the district court in which the action is commencedmay issue summons directed to the sheriff of Laramie county, Wyoming forservice upon the secretary of state of Wyoming.

 


State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title1 > Chapter6

CHAPTER 6 - PROCESS, NOTICE AND LIS PENDENS

 

ARTICLE 1 - IN GENERAL

 

1-6-101. Endorsement by sheriff required.

 

Thesheriff shall endorse upon every writ or order, the day and hour it wasreceived by him.

 

1-6-102. Service of process when sheriff is an interested party.

 

Whenthe sheriff is a party or is interested in an action, process shall be directedto and executed by a person over the age of eighteen (18) years, not a party tothe action, appointed for that purpose by the court.

 

1-6-103. Appointment to serve particular process or order.

 

Forgood cause the court may appoint a person to serve a particular process ororder, who has the same power as the sheriff to execute it. The person may beappointed on the motion of the party who obtains the process or order, and thereturn must be verified by affidavit. He is entitled to the fees allowed thesheriff for similar services.

 

1-6-104. Duties of sheriff.

 

Thesheriff shall execute every summons, order or other process, return the same asrequired by law, and exercise the powers conferred and perform the dutiesenjoined upon him by statute and by the common law.

 

1-6-105. Proceedings when defendants not all served.

 

(a) When service has been made on one (1) or more defendants,but not on all, the plaintiff may proceed as follows:

 

(i) If the action is against defendants jointly indebted uponcontract, he may proceed against the defendants served, unless the courtotherwise directs; or

 

(ii) If the action is against defendants severally liable, hemay without prejudice to his rights against those not served, proceed againstthe defendants served.

 

1-6-106. Lis pendens; generally.

 

Whena summons has been served or publication made, the action is pending so as tocharge third persons with notice of its pendency, and while pending no interestcan be acquired by third persons in the subject matter thereof as against theplaintiff's title.

 

1-6-107. Lis pendens; recordation when real property situate in othercounties; constructive notice.

 

Afterfiling an action in a court of competent jurisdiction the subject matter ofwhich is the title to real property located in one (1) or more counties in thisstate, the plaintiff may file a certified copy of the complaint or a swornnotice of the pendency of the action in the office of the county clerk in thecounty or counties in which the real property is located. The notice shallcontain the names of the parties, the object of the action and a description ofthe property before it shall operate as constructive notice to third parties insuch counties. Notice shall be effective in the county where the action isfiled without filing a document with the county clerk of that county.Constructive notice shall be effective as to property in the county in whichthe complaint is filed as of the date the complaint is filed and shall beeffective as to property in any other county as of the date on which the noticeis filed in the clerk's office of that county.

 

1-6-108. Lis pendens; notice of pendency of action affecting realproperty or action between husband and wife.

 

Inan action in a state court or in a United States district court affecting thetitle or right of possession of real property, or in an action between husbandand wife, the plaintiff at the time of filing the complaint and the defendantat the time of filing his pleading when affirmative relief is claimed or at anytime afterward, may file in the office of the county clerk in which theproperty is situate a notice of pendency of the action containing the names ofthe parties, the object of the action or defense and a description of theproperty in that county affected thereby as provided by W.S. 1-6-107. From thetime of filing the notice a subsequent purchaser or encumbrancer of theproperty shall have constructive notice of the pendency of the action.

 

1-6-109. Lis pendens; record of notice.

 

Thecounty clerk upon the filing of such notice shall record the same in a bookkept for that purpose.

 

1-6-110. Transmission of process by telecommunications.

 

Anysummons, writ or order in any civil proceeding, and all other papers requiringservice may be transmitted by any form of telecommunication for service in anyplace, and the copy of such writ, order or paper so transmitted may be servedor executed by the officer or person to whom it is sent for that purpose andreturned by him, if any return be requisite, in the same manner and with thesame force and effect as the original thereof might be if delivered to him. Theofficer or person serving or executing the same has the same authority and issubject to the same liabilities as if the copy were the original. The original,when a writ or order, must also be filed in the court from which it was issuedand a certified copy thereof shall be preserved in the telecommunication officefrom which it is sent. In sending it, either the original or certified copy maybe used by the operator for that purpose. Whenever any document to be sent bytelecommunication bears a seal, either private or official, it is not necessaryfor the operator to communicate a description of the seal or any words ordevice thereon, but the same may be expressed in the telecommunication by theletters "L. S." or by the word "Seal".

 

1-6-111. Substitution of certified mail for registered mail.

 

Whereverrequired by statute, rule of court or otherwise that service be made or noticegiven by registered mail, such requirement may be satisfied by use of certifiedmail and proof of mailing.

 

ARTICLE 2 - PUBLICATION OF NOTICE

 

1-6-201. Manner of publishing generally.

 

Allnotices by law directed, authorized or permitted to be made by publication maybe published once each week during the period of time for which the notice isrequired by law to be published. All such weekly publications made in anewspaper issued more than once each week shall be published in the same issuein each succeeding week for the required publication period.

 

1-6-202. Notice for certain number of days.

 

Wheneverthe law requires or permits the publication of a notice for a certain number ofdays prior to any action, unless otherwise provided by law the publication maybe made weekly as provided in W.S. 1-6-201, and as often as such weeklypublication can be made during the period of time for which such publication isrequired by law to be made, the first publication to be made as many days priorto such action as the law requires.

 

1-6-203. Notice for specified number of weeks.

 

Inall cases where under the laws a notice is required or permitted to bepublished for a specified number of weeks, it is sufficient that thepublication be made once each week for the number of issues corresponding to thenumber of weeks for which such publication is required to be made, providedthat not more than twenty (20) days shall intervene between the date of thelast publication and the time set for the intended action. In no case shall thenotice given for a longer time than required by law be held defective for thatreason.

 

1-6-204. Publication of real property; descriptions used.

 

Allnotices directed, authorized or permitted to be made by publication thatrequire a legal description of real property on the notice shall include thestreet address for the property used by the United States postal service whenavailable, or the street address used by the county or municipality ifavailable.

 

ARTICLE 3 - SERVICE ON NONRESIDENT MOTORISTS

 

1-6-301. Secretary of state deemed attorney for service; continuanceof action; costs; record of process; jurisdiction; direction of summons.

 

(a) The use and operation of a motor vehicle on any street orhighway within Wyoming by any person upon whom service of process cannot bemade within Wyoming either personally or by service upon a duly appointedresident agent is deemed an appointment of the secretary of state of Wyoming asthe operator's lawful attorney upon whom may be served all legal processes inany proceeding against him, or his personal representative if he be deceased,due to damage or injury to person or property resulting from the operation of amotor vehicle on the streets or highways within this state. Such operationconstitutes the operator's agreement that any process served in any actionagainst him or his personal representative has the same legal force andvalidity as if served upon him or his personal representative personally withinthis state. Service shall be made by serving a copy of the process upon thesecretary of state or by filing such copy in his office, together with paymentof a fee of three dollars ($3.00). Within ten (10) days after the date ofservice, notice of such service and a copy of the process shall be served uponthe defendant or his personal representative either personally or by certifiedmail addressed to the last known address of the defendant or his personalrepresentative. The plaintiff shall file with the clerk of the court in whichthe action is brought an affidavit that he has complied with such requirement.

 

(b) The court in which the action is pending shall order suchcontinuance as necessary to afford the defendant or his personal representativereasonable opportunity to defend the action. The fee of three dollars ($3.00)paid by the plaintiff to the secretary of state at the time of service ofprocess shall be taxed as costs in the suit.

 

(c) The secretary of state shall keep a record of all processesserved showing the date and hour of service and shall arrange and index therecord to make it readily accessible and convenient for inspection. Thedistrict court of the county in which the cause of action arose or the districtcourt of the county in which the plaintiff resides shall have jurisdiction overthe action. The clerk of the district court in which the action is commencedmay issue summons directed to the sheriff of Laramie county, Wyoming forservice upon the secretary of state of Wyoming.

 

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