## Facts

- The State of Wyoming, through the Department of Family Services (DFS), filed a petition to establish paternity and support, alleging CRB was the father of LS’s then-unborn child.
- A process server attempted personal service at CRB’s apartment; CRB refused to open the door.
- The process server called CRB, told him he was being served, and placed the summons and petition in CRB’s mailbox.
- CRB retained counsel, who specially appeared to contest personal jurisdiction based on insufficient service; CRB did not attend an informal hearing.
- A court commissioner found service sufficient and recommended the matter proceed.
- CRB moved to dismiss for lack of personal jurisdiction, arguing service did not comply with the civil rule requiring personal delivery or delivery to a qualifying co-resident at the dwelling.
- The district court found service sufficient, held a hearing, and entered orders establishing paternity and setting custody, visitation, and child support.
- A later notice to appear for hearing was served on CRB’s attorney of record, who had appeared and had not withdrawn.

## Issues

1. Whether service of process was sufficient when CRB refused to accept personal service and the process server notified him by phone and placed the papers in his mailbox.
2. Whether notice of a hearing was validly served by serving CRB’s attorney of record rather than CRB personally after counsel had appeared and not withdrawn.

## Decision

- The Wyoming Supreme Court affirmed the district court’s orders.
- Service of process was sufficient under the circumstances, including CRB’s apparent evasion and the process server’s delivery efforts at CRB’s dwelling with contemporaneous notice.
- Service of the notice to appear on CRB’s attorney of record was valid after counsel had appeared and had not withdrawn.
- Because notice to counsel was effective, the district court did not err in proceeding when CRB failed to appear.

## Legal Principles

- A defendant may not defeat personal jurisdiction by deliberately evading service and then relying on that evasion to claim defective service.
- Service requirements are applied to effect notice and an opportunity to be heard; substantial compliance may suffice where delivery efforts at the dwelling and actual notice are shown.
- After an attorney enters an appearance and remains counsel of record, service of subsequent notices and papers on that attorney is generally sufficient absent a rule requiring personal service.

## Conclusion

The court upheld personal jurisdiction and the paternity-related orders because CRB’s avoidance did not invalidate service reasonably calculated to provide notice, and later hearing notice was properly served on counsel of record.


CRB v. State, Dep’t of Fam. Servs., 974 P.2d 931 (Wyo. 1999)