CRB v. Department of Family Services

On June 3, 1997, the State of Wyoming Department of Family Services (plaintiff) filed a petition to establish paternity in a Wyoming state court. The petition alleged that CRB (defendant) was the father of LS. The court issued an order directing CRB and LS to appear at an informal hearing in the matter. On July 9, 1997, a process server attempted to serve CRB with the paternity petition, summons, and court order at CRB’s apartment. CRB refused to open his door to the process server, so the process server called CRB and told CRB that CRB was being served. CRB still refused to open the door, and the process server said that he would place the documents in CRB’s mailbox. On August 6, 1997, CRB’s counsel specially appeared to challenge the court’s personal jurisdiction over CRB, based on insufficient service of process. CRB did not appear at the informal hearing. A commissioner of the court then issued a report stating that service of process on CRB was sufficient and recommending that the court set the paternity petition for a hearing. CRB moved to dismiss the action, again challenging the court’s jurisdiction on service-of-process grounds. CRB claimed that service was insufficient under Wyoming Rule of Civil Procedure 4(d) because the petition and summons had not been delivered to him personally or to another person over 14 years of age who resided in CRB’s apartment. However, the court concluded that service was sufficient. After a hearing on the paternity petition, the court concluded that CRB was LS’s father and set custody, visitation, and child support. CRB appealed to the Wyoming Supreme Court.