TABLE OF CONTENTS

1. Caption
2. Introduction
3. Statement of Facts
4. Grounds for Dismissal
5. Legal Argument
6. Prayer for Relief
7. Certificate of Service

IN THE DISTRICT COURT, [________________________________] JUDICIAL DISTRICT

[________________________________] COUNTY, STATE OF WYOMING

DEFENDANT'S MOTION TO DISMISS

I. INTRODUCTION

Defendant, [DEFENDANT FULL LEGAL NAME], by and through counsel, [ATTORNEY NAME], hereby moves this Court for an order dismissing the ☐ Information / ☐ Indictment filed in the above-captioned matter pursuant to W.R.Cr.P. 12, W.R.Cr.P. 48, and/or Wyo. Stat. § 7-1-108.

II. STATEMENT OF FACTS

On or about [__/__/____], Defendant was charged with the following offense(s):

[________________________________]

III. GROUNDS FOR DISMISSAL

☐ A. Insufficient Evidence / Lack of Probable Cause

☐ B. Speedy Trial Violation (Wyo. Stat. § 7-1-108; W.R.Cr.P. 48)
Defendant was arraigned on [__/__/____]. More than 180 days have elapsed without trial or other disposition.

☐ C. Statute of Limitations (Wyo. Stat. § 1-3-105)
The prosecution was commenced beyond the applicable statute of limitations.

☐ D. Double Jeopardy (U.S. Const. Amend. V; Wyo. Const. Art. I, § 11)

☐ E. Due Process Violation (U.S. Const. Amend. XIV; Wyo. Const. Art. I, § 6)

☐ F. Defective Charging Instrument (W.R.Cr.P. 12(b))

☐ G. Prosecutorial Misconduct

IV. LEGAL ARGUMENT

A. 180-Day Speedy Trial Rule

Under Wyo. Stat. § 7-1-108, every person charged with a criminal offense shall be brought to trial within 180 days following arraignment, unless extended by the court for good cause. The 180-day period is mandatory. The failure to bring a defendant to trial within this period, absent good cause or excludable time, requires dismissal with prejudice. Eatherton v. State, 810 P.2d 93 (Wyo. 1991); Osborn v. State, 806 P.2d 272 (Wyo. 1991).

[________________________________]

B. Statute of Limitations

Under Wyoming law, felonies generally have no statute of limitations. Misdemeanors must be prosecuted within specific time periods. Certain offenses may have specific limitations.

[________________________________]

C. Additional Grounds

[________________________________]

V. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that this Court:

1. Dismiss all charges with prejudice pursuant to Wyo. Stat. § 7-1-108;
2. Alternatively, dismiss pursuant to W.R.Cr.P. 48;
3. Order such other and further relief as this Court deems just and proper.

Dated: [__/__/____]

Respectfully submitted,

________________________________________
[ATTORNEY NAME], WY Bar No. [________________________________]
[LAW FIRM NAME]
[ADDRESS]
[CITY], Wyoming [ZIP CODE]
Telephone: [________________________________]
Email: [________________________________]

Attorney for Defendant [DEFENDANT FULL LEGAL NAME]

VI. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I served a true and correct copy of the foregoing on:

☐ Personal delivery
☐ U.S. Mail, first class, postage prepaid
☐ Electronic service via [________________________________]

Office of the County and Prosecuting Attorney
[________________________________] County
[ADDRESS]
[CITY], Wyoming [ZIP CODE]

Dated: [__/__/____]

________________________________________
[NAME OF DECLARANT]

WYOMING-SPECIFIC NOTES

• Wyo. Stat. § 7-1-108: 180-day speedy trial rule from date of arraignment. Good cause must be shown for extension. Violation results in dismissal with prejudice.
• W.R.Cr.P. 48: Wyoming uniquely combines dismissal and speedy trial provisions in a single rule. The court may also dismiss for unnecessary delay.
• W.R.Cr.P. 12(b): Defenses including defects in the indictment/information, suppression, and double jeopardy must be raised before trial.
• Statutes of Limitation: Wyoming generally has no statute of limitations for felonies. Misdemeanor limitations vary.
• Practice Note: Wyoming uses both information and indictment procedures. The County and Prosecuting Attorney handles criminal prosecutions.

This template is provided by ezel.ai for informational purposes only. It does not constitute legal advice. Consult a licensed Wyoming attorney before use.