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Wyoming Motion to Dismiss

In Wyoming you move to dismiss under Wyo. R. Civ. P. 12(b) in the 20-day answer window, 30 if out of state.

Introduction

In Wyoming you challenge a complaint before answering by filing a motion to dismiss under Wyo. R. Civ. P. 12(b), most often Rule 12(b)(6) for failure to state a claim upon which relief can be granted. Wyoming adopted the restyled federal-tracking civil rules in 2017, so it uses the federal-style motion to dismiss rather than a demurrer, preliminary objections, or peremptory exception. Rule 12(b) lists seven defenses that may be raised by motion: lack of subject-matter jurisdiction, lack of personal jurisdiction, improper venue, insufficient process, insufficient service of process, failure to state a claim, and failure to join a party under Rule 19. The motion must be made before pleading if a responsive pleading is allowed, so it shares the answer window: under Wyo. R. Civ. P. 12(a)(1)(A) you serve an answer within 20 days after service of the summons and complaint, or 30 days if service is made outside Wyoming or after the last day of publication. Serving a Rule 12 motion in place of the answer replaces the answer in that window. A supporting memorandum is the standard accompaniment for a Rule 12(b)(6) motion, though the Uniform Rules for District Courts set no statewide page limit. Missing the window without a motion or answer risks a default. DocDraft drafts a Wyoming-formatted motion to dismiss from your facts, with attorney review available before you file.

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Key Things to Know

  1. 1

    Wyoming's vehicle is a motion to dismiss under Wyo. R. Civ. P. 12(b) (How to Present Defenses), most commonly Wyo. R. Civ. P. 12(b)(6) for failure to state a claim upon which relief can be granted. Wyoming adopted the restyled federal-tracking civil rules in 2017, so it uses the federal-style motion to dismiss, not a demurrer (CA/VA), preliminary objections (PA), or peremptory exception (LA).

  2. 2

    Rule 12(b) lists seven defenses that may be raised by motion: (1) lack of subject-matter jurisdiction, (2) lack of personal jurisdiction, (3) improper venue, (4) insufficient process, (5) insufficient service of process, (6) failure to state a claim upon which relief can be granted, and (7) failure to join a party under Rule 19. Wyoming uses the federal Rule 12(b) numbering, so failure to state a claim is the sixth ground, (b)(6).

  3. 3

    The motion shares the answer window because it must be made before pleading if a responsive pleading is allowed. Under Wyo. R. Civ. P. 12(a)(1)(A) a defendant serves an answer within 20 days after service of the summons and complaint, within 30 days if service is made outside Wyoming, or within 30 days after the last day of publication. Filing a Rule 12 motion in place of the answer replaces the answer in that window.

  4. 4

    Wyoming tracks the federal Rule 12(a)(4) framework, under which serving a Rule 12 motion that is then denied restarts a short period to plead rather than the full original window. Confirm the exact date a responsive pleading is due in the court's order and the local rules of the filing court before relying on it.

  5. 5

    Wyoming has no statewide meet-and-confer requirement for a Rule 12(b) motion to dismiss. Neither the Wyoming Rules of Civil Procedure nor the Uniform Rules for District Courts impose a pre-filing conferral duty for a dispositive Rule 12 motion. Individual judges' standing orders may add one, so re-confirm the assigned judge's standing order and the district's local rules.

  6. 6

    The most common ground is Wyo. R. Civ. P. 12(b)(6), failure to state a claim upon which relief can be granted. A motion asserting any Rule 12(b) defense must be made before pleading if a responsive pleading is allowed, and under Wyo. R. Civ. P. 7(b)(1) the motion must be in writing, state with particularity the grounds for the order, and state the relief sought.

  7. 7

    File the motion with the clerk of the court where the action is pending, named in the caption of the summons. For general civil litigation that is the District Court, which has exclusive jurisdiction over claims over $50,000; the Circuit Court handles civil claims up to $50,000. Wyo. R. Civ. P. 6(c) governs motion practice: a written motion is served at least 14 days before the hearing, and a response may be served at least 3 days before the hearing or within 20 days after service of the motion, whichever is earlier.

Key Decisions

Choosing the Grounds for Dismissal

Timing and Strategy

Filing and Serving the Motion

Customize your Motion to Dismiss Template with DocDraft

IN THE _________ JUDICIAL DISTRICT COURT, ___________ COUNTY, WYOMING

____________________________, Plaintiff,

 v.                                        Civil Action No. _____________________

____________________________, Defendant.

DEFENDANT'S MOTION TO DISMISS UNDER WYO. R. CIV. P. 12(b)

Defendant, ____________________, pursuant to Wyo. R. Civ. P. 12(b), moves this Court for an order dismissing Plaintiff's Complaint. This motion is made before pleading, within the time otherwise allowed for the answer under Wyo. R. Civ. P. 12(a)(1)(A), which provides that an answer is served within 20 days after service of the summons and complaint, or within 30 days if service is made outside Wyoming or after the last day of publication. As required by Wyo. R. Civ. P. 7(b)(1), this motion is in writing, states with particularity the grounds for the order, and states the relief sought.

GROUNDS FOR DISMISSAL

Defendant moves to dismiss on the following ground(s) under Wyo. R. Civ. P. 12(b):

____ (1) lack of subject-matter jurisdiction; ____ (2) lack of personal jurisdiction; ____ (3) improper venue; ____ (4) insufficient process; ____ (5) insufficient service of process; ____ (6) failure to state a claim upon which relief can be granted; ____ (7) failure to join a party under Rule 19.

[State the specific facts and basis for each ground checked above. A motion asserting any of these defenses must be made before pleading if a responsive pleading is allowed.]

MEMORANDUM OF POINTS AND AUTHORITIES

[Set out the points and supporting authorities for each ground asserted. A failure-to-state-a-claim motion under Wyo. R. Civ. P. 12(b)(6) is the standard pre-answer challenge, and a supporting memorandum of points and authorities is the standard accompaniment for a dispositive Rule 12(b)(6) motion. The Uniform Rules for District Courts set no statewide page limit or mandatory-brief rule for a Rule 12 motion. Under Wyo. R. Civ. P. 6(c), this motion is served at least 14 days before the hearing, and a party affected may serve a response at least three days before the hearing or within 20 days after service of the motion, whichever is earlier. Check the local rules of the filing court and the assigned judge's standing order for any additional briefing, conference, or proposed-order requirement.]

WHEREFORE, Defendant respectfully requests that this Court dismiss Plaintiff's Complaint and grant such other and further relief as the Court deems just.

Respectfully submitted,

[Name] [Address] [Telephone] / [Email] Defendant / Counsel for Defendant

CERTIFICATE OF SERVICE

I certify that a copy of the foregoing Motion to Dismiss was served upon ____________________, [Plaintiff / counsel for Plaintiff], at ____________________ by ____________________ [method of service] on this ____ day of ________, 20.

[Name]

Wyoming Requirements for Motion to Dismiss

File within the 20-day answer window (30 days if served outside Wyoming)

A Rule 12(b) motion must be made before pleading if a responsive pleading is allowed, so it shares the answer window. Under Wyo. R. Civ. P. 12(a)(1)(A) a defendant serves an answer within 20 days after service of the summons and complaint, within 30 days if service is made outside Wyoming, or within 30 days after the last day of publication. Filing a Rule 12 motion in place of the answer replaces the answer in that window.

Calculate your deadline from the service date

Confirm the date the summons and complaint were served on you and how service was made. The window runs 20 days from that service date under Wyo. R. Civ. P. 12(a)(1)(A), or 30 days if service was made outside Wyoming or after the last day of publication. Rule 6(a) counts calendar days. Miss the window without filing the motion or an answer and you risk a default.

Select your Wyo. R. Civ. P. 12(b) grounds

Identify which of the seven Rule 12(b) defenses apply: (1) lack of subject-matter jurisdiction, (2) lack of personal jurisdiction, (3) improper venue, (4) insufficient process, (5) insufficient service of process, (6) failure to state a claim upon which relief can be granted, or (7) failure to join a party under Rule 19. Wyoming uses the federal Rule 12(b) numbering.

Plead with particularity under Rule 7(b)(1)

Under Wyo. R. Civ. P. 7(b)(1) the motion must be in writing, state with particularity the grounds for seeking the order, and state the relief sought. A motion asserting any Rule 12(b) defense must be made before pleading if a responsive pleading is allowed. State the specific facts and basis for each ground asserted.

Frame the failure-to-state-a-claim ground under Rule 12(b)(6)

The most common ground is Wyo. R. Civ. P. 12(b)(6), failure to state a claim upon which relief can be granted. It is the standard pre-answer challenge to the legal sufficiency of the complaint. State with particularity under Rule 7(b)(1) why the complaint fails to state a claim upon which relief can be granted.

Prepare a supporting memorandum; no statewide page limit

A supporting memorandum of points and authorities is the standard accompaniment for a dispositive Rule 12(b)(6) motion. The Uniform Rules for District Courts set no statewide page limit or mandatory-brief rule for a Rule 12 motion (URDC Rule 501 is Taxation of Costs, not motion briefing). URDC Rule 401 requires every motion to recite the case number and a title stating its contents, and URDC Rule 304 requires orders and notices of motion to be set forth on separate sheets. Check the local rules of the filing court.

Calendar the 14-day and response schedule under Rule 6(c)

Under Wyo. R. Civ. P. 6(c) a written motion is served at least 14 days before the hearing on the motion. A party affected by the motion may serve a response, together with affidavits if any, at least three days before the hearing or within 20 days after service of the motion, whichever is earlier. No statewide rule requires a proposed order with a Rule 12 motion; some individual judges' standing orders request one, so check the assigned judge's standing order.

File in the correct Wyoming court and serve the other party

File the motion with the clerk of the court where the action is pending, named in the caption of the summons. For general civil litigation that is the District Court, which has exclusive jurisdiction over claims over $50,000; the Circuit Court handles civil claims up to $50,000. The motion caption follows Wyo. R. Civ. P. 10(a). Serve a copy on the opposing party and include a certificate of service.

Frequently Asked Questions

File a written motion to dismiss under Wyo. R. Civ. P. 12(b) before pleading, identifying which of the seven defenses apply, most often failure to state a claim under Rule 12(b)(6). Under Wyo. R. Civ. P. 7(b)(1) the motion must be in writing, state with particularity the grounds, and state the relief sought. File it with the clerk of the court where the action is pending, which for general civil litigation is the District Court.

A Rule 12(b) motion must be made before pleading if a responsive pleading is allowed, so it shares the answer window. Under Wyo. R. Civ. P. 12(a)(1)(A) a defendant serves an answer within 20 days after service of the summons and complaint, within 30 days if service is made outside Wyoming, or within 30 days after the last day of publication. Filing a Rule 12 motion in place of the answer replaces the answer in that window.

Brought before the answer, a motion to dismiss asks the District Court to end the suit because a flaw is evident on the pleadings. Wyo. R. Civ. P. 12(b) lets the defendant dispute whether the court holds subject-matter authority and personal jurisdiction over the defendant, whether the case sits in the wrong venue, and whether process and its service were sufficient. Its central merits ground is failure to state a claim on which relief can be granted, plus failure to join a required party.

No statewide meet-and-confer rule applies to a Wyo. R. Civ. P. 12(b) motion to dismiss. Neither the Wyoming Rules of Civil Procedure nor the Uniform Rules for District Courts impose a pre-filing conferral duty for a dispositive Rule 12 motion. Individual judges' standing orders may add one, so check the assigned judge's standing order and the district's local rules before filing.

If a Rule 12(b) motion is denied, the case proceeds and a responsive pleading becomes due. Wyoming tracks the federal Rule 12(a)(4) framework, under which a served-and-denied motion restarts a short period to plead rather than the full original window. The Wyoming rule does not fix a single statewide number in Rule 12 for this, so confirm the deadline in the court's order and the local rules of the filing court.

File the motion with the clerk of the court where the action is pending, named in the caption of the summons. For general civil litigation that is the District Court, which has exclusive jurisdiction over claims over $50,000. The Circuit Court handles civil claims up to $50,000. Serve a copy on the opposing party and include a certificate of service.