Process servers.

WORKING DRAFT
2007
STATE OF
WYOMING
07LSO-0159

HOUSE BILL
NO.
HB0324

Process servers.

Sponsored by:
Representative(s) Zwonitzer, Dn.

A BILL

for

AN ACT relating to civil procedure; requiring process servers who are not the sheriff to submit to criminal background checks prior to being appointed by the court to serve civil process or court orders; conforming provisions; and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.
W.S. 1
‑
6
‑
102
,
1
‑
6
‑
103, 7
‑
19
‑
106(a) by creating a new paragraph (xv)
and
7
‑
19
‑
201(a) by creating a new paragraph (viii) and (b) are amended to read:

1
‑
6
‑
102.

Service of process when sheriff is an interested party.

When the sheriff is a party or is interested in an action, process shall be directed to and executed by a person over the age of eighteen (18) years, not a party to the action, appointed for that purpose by the court
in accordance with W.S. 1
‑
6
‑
103
.

1
‑
6
‑
103.

Appointment to serve particular process or order.

(a)

For good cause the court may appoint a person to serve a particular process or order, who has the same power as the sheriff to execute it.
Subject to subsection (b) of this section, t
he person may be appointed on the motion of the party who obtains the process or order, and the return must be verified by affidavit. He is entitled to the fees allowed the sheriff for similar services.

(b)

The clerk of court shall require the prospective appointee under subsection (a) of this section to submit to fingerprinting in order to obtain state and national criminal history record information as a condition of qualifying for the appointment to serve the process or order.

7
‑
19
‑
106.

Access to, and dissemination of, information.

(a)

Criminal history record information shall be disseminated by criminal justice agencies in this state, whether directly or through any intermediary, only to:

(xv)

Clerks of court for purposes of obtaining background information on prospective appointees under W.S. 1-6-103(b) to serve process under rule 4 of the
Wyoming
Rules of Civil Procedure or court orders.

7
‑
19
‑
201.

State or national criminal history record information.

(a)

The following persons shall be required to submit to fingerprinting in order to obtain state and national criminal history record information:

(viii)

Prospective appointees under W.S. 1
‑
6
‑
103(b) to serve process under rule 4 of the
Wyoming
Rules of Civil Procedure or court orders as a condition of appointment by the court to serve the process or court orders.

(b)

Fingerprints taken pursuant to this article shall be submitted to the
Wyoming
division of criminal investigation for processing and obtaining state and national criminal history record information and shall be accompanied by the fee required by W.S. 7
‑
19
‑
108. Upon payment of required fees, the division shall process and obtain state and national criminal history record information for the Wyoming state board of nursing and the board of pharmacy
,

or

for an applicant for licensure or certification by either board
, and for clerks of court for appointments of persons under W.S. 1
‑
6
‑
103(b) to serve process under rule 4 of the Wyoming Rules of Civil Procedure or court orders
.

Section 2.
This act is effective July 1, 2007.

(END)

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HB0324