§ 1-6-301 — Secretary of state deemed attorney for service; continuance of action; costs; record of process; jurisdiction; direction of summons

Wyoming § 1-6-301

• Jurisdiction: Wyoming
• Title 01: Civil Procedure
• Ch. 6: PROCESS, NOTICE AND LIS PENDENS
• Art. 3: SERVICE ON NONRESIDENT MOTORISTS

Text

(a) The use and operation of a motor vehicle on any street
or highway within Wyoming by any person upon whom service of
process cannot be made within Wyoming either personally or by
service upon a duly appointed resident agent is deemed an
appointment of the secretary of state of Wyoming as the
operator's lawful attorney upon whom may be served all legal
processes in any 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 a motor
vehicle on the streets or highways within this state. Such
operation constitutes the operator's agreement that any process
served in any action against him or his personal representative
has the same legal force and validity as if served upon him or
his personal representative personally within this state.
Service shall be made by serving a copy of the process upon the
secretary of state or by filing such copy in his office,
together with payment of a fee of ten dollars ($10.00). Within
ten (10) days after the date of service, notice of such service
and a copy of the process shall be served upon the defendant or
his personal representative either personally or by certified
mail addressed to the last known address of the defendant or his
personal representative. The plaintiff shall file with the clerk
of the court in which the action is brought an affidavit that he
has complied with such requirement.
(b) The court in which the action is pending shall order
such continuance as necessary to afford the defendant or his
personal representative reasonable opportunity to defend the
action. The fee of ten dollars ($10.00) paid by the plaintiff to
the secretary of state at the time of service of process shall
be taxed as costs in the suit.
(c) The secretary of state shall keep a record of all
processes served showing the date and hour of service and shall
arrange and index the record to make it readily accessible and
convenient for inspection. The district court of the county in
which the cause of action arose or the district court of the
county in which the plaintiff resides shall have jurisdiction
over the action. The clerk of the district court in which the
action is commenced may issue summons directed to the sheriff of
Laramie county, Wyoming for service upon the secretary of state
of Wyoming.