[Your Name] [Your Address] [City, State, ZIP] [Date] [Name of Clerk of Court] [Address of Clerk of Court] [City, State, ZIP] Re: Request to Issue Summons by Publication Dear [Name of Clerk of Court], I am writing to request the issuance of a Summons by Publication in the matter of [Case Number], currently pending in the [Name of Court] in [County, State]. This request is being made pursuant to [mention applicable statute or rule]. The party to be served, [Defendant's Full Name], is currently residing or has eluded service within the State of Wyoming. Despite diligent efforts, I have been unable to locate an eligible address to effect personal service upon the defendant. I believe that publication is the most appropriate method to provide notice to the defendant. To meet the requirements for service by publication, I have attached the following documents for your review and inclusion in the published notice: 1. Affidavit of Diligent Search: This affidavit outlines the extensive efforts undertaken to locate the defendant's current address. It includes details of searches through public records, databases, and attempts to contact known associates or family members. 2. Proposed Notice of Suit and Summons by Publication: Enclosed is a draft notice, in compliance with the Wyoming court rules, outlining the essential facts of the case, the relief sought, and the deadline for the defendant to respond. Review the notice carefully to ensure it accurately reflects the requirements of the applicable statute or rule. 3. Proposed Affidavit of Publication: Once the notice has been published, this affidavit will be completed by the newspaper or publication company running the publication. It will confirm the date(s) of publication and the newspaper in which the notice appeared. In light of the aforementioned circumstances, I respectfully request that you issue the Summons by Publication in this matter. The enclosed documents provide the necessary information to proceed with this method of service. If there are any additional forms, fees, or requirements to fulfill, please inform me promptly so that I may comply with all necessary procedures. Thank you for your attention to this matter. Should you have any questions or require further information, please do not hesitate to contact me. Sincerely, [Your Name]
Wyoming Sample Letter for Request to Issue Summons by Publication
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How to fill out Wyoming Sample Letter For Request To Issue Summons By Publication?
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FAQ
Wyoming rule 41 (a) (1) reads: a notice of dismissal operates as an adjudication on the merits when filed by a plaintiff who has once dismissed in any court an action in which service was obtained, based on or including the same claim.
The court on motion of a defendant may grant a new trial to that defendant if required in the interest of justice. If trial was by the court without a jury, the court, on motion of a defendant for a new trial, may vacate the judgment if entered, take additional testimony, and direct the entry of a new judgment.
At any time more than 60 days after service of the complaint and at least 28 days before the date set for trial, any party may serve on an opposing party an offer to allow settlement or judgment on specified terms, with the costs then accrued.
Rule 60 - Relief from a judgment or order (a) Corrections Based on Clerical Mistakes; Oversights and Omissions. The court may correct a clerical mistake or a mistake arising from oversight or omission whenever one is found in a judgment, order, or other part of the record.
Service of a subpoena upon a person named therein shall be made by delivering a copy thereof to such person and, if the person's attendance is commanded, by tendering to that person the fees for one day's attendance and the mileage allowed by law.
Rule 35 - Physical and mental examinations (a) Order for an Examination. (1) In General. The court where the action is pending may order a party whose mental or physical condition-including blood group-is in controversy to submit to a physical or mental examination by a suitably licensed or certified examiner.
