Motion to Dismiss - Wyoming

IN THE DISTRICT COURT OF THE [________] JUDICIAL DISTRICT

STATE OF WYOMING, [________] COUNTY

[Plaintiff], Plaintiff
v.
[Defendant], Defendant

Civil Docket No. [________]
Judge: [________]

DEFENDANT'S MOTION TO DISMISS AND SUPPORTING MEMORANDUM

Defendant [________] moves under W.R.C.P. 12(b)([selected subsection]) to [dismiss specified claims or action]. A motion asserting a listed Rule 12(b) defense must be made before pleading if a responsive pleading is allowed. Select only supported grounds.

Grounds presented

☐ 12(b)(1) — lack of subject matter jurisdiction: [identify legal limit and record facts].

☐ 12(b)(2) — lack of personal jurisdiction: [identify defendant, relevant contacts, and governing law].

☐ 12(b)(3) — improper venue: [identify the proper county and legal basis for the requested disposition].

☐ 12(b)(4) — insufficient process: [identify defect in the summons or other process].

☐ 12(b)(5) — insufficient service of process: [identify attempted service and applicable rule].

☐ 12(b)(6) — failure to state a claim upon which relief can be granted: [identify each claim and missing legal element under current Wyoming authority].

☐ 12(b)(7) — failure to join a person under Rule 19: [identify person and reason joinder is required]. If joinder is feasible, request an order joining the person under Rule 19(a)(2). If joinder is infeasible, address the Rule 19(b) factors before requesting dismissal.

☐ Alternative Rule 12(e) motion for a more definite statement: [identify the pleading's ambiguity, why a response cannot reasonably be prepared, and the particular details sought]. Make this request before serving a responsive pleading.

Record and timing

1. Plaintiff filed [identify complaint] on [date].
2. Defendant was served on [date] by [method]. Under Rule 12(a)(1)(A), the ordinary answer period is 20 days after service in Wyoming or 30 days if service is made outside Wyoming, subject to the other periods in the rule or a state statute.
3. This motion is served on [date], before [responsive pleading, if allowed].
4. [Identify relevant scheduling dates, earlier motions, and record material.]

Memorandum of law

Introduction and legal standard

[Explain the selected defense and cite current Wyoming authority for the specific claim or issue. Rule 12(b) supplies the procedural ground; a claim-specific argument may require additional law.]

Argument

Ground [subsection] — [heading]. [Apply the governing authority to the complaint, service facts, or other permissible record material. Explain the proper remedy. Repeat for each selected ground.]

If material outside the pleadings is submitted on a Rule 12(b)(6) motion and the Court does not exclude it, Rule 12(d) requires summary judgment treatment under Rule 56 and a reasonable opportunity for every party to present pertinent material. [State whether any attachments raise this issue.]

Requested relief

Defendant asks the Court to [dismiss specified claims / direct joinder / order a more definite statement / state other supported relief] [with / without] prejudice only as justified by the selected ground and controlling law. [Identify any independently authorized fee or cost request, or omit it.]

☐ Defendant requests oral argument under the assigned court's procedures. Rule 78(b) permits the Court to decide motions on the briefs.

Dated: [________]
Respectfully submitted,

[Signature]
[Name and Wyoming State Bar number, or self-represented party]
[Address]
[Telephone]
[Email]
[Counsel for Defendant / self-represented Defendant]

Certificate of service

I certify that on [date] I served this motion, memorandum, and accompanying papers on [each other party or counsel] by [method and address].

[Signature]

Accompanying proposed order

IN THE DISTRICT COURT OF THE [________] JUDICIAL DISTRICT, [________] COUNTY, WYOMING
[Plaintiff] v. [Defendant], Civil Docket No. [________]

PROPOSED ORDER ON DEFENDANT'S MOTION TO DISMISS

Upon consideration of the motion, any response and reply, and the record, the Court ORDERS that the motion is [granted / granted in part / denied]. [Identify the ground decided and each affected claim or party.] [State whether the Court orders joinder, a more definite statement, dismissal with or without prejudice, or another disposition.]

Dated: [________]
____________________________
District Judge

Supplemental hearing notice — use only after a hearing is set

To: [all recipients]
Defendant's Motion to Dismiss has been set for [court-assigned date and time], [location or remote details]. This notice communicates the assigned setting; it does not set a hearing.

Served on [date] by [method] on [recipients].
[Signature]

Filing checks

• Rule 12(g)(2) limits later Rule 12 motions raising an available defense omitted from an earlier motion; Rule 12(h)(1) specifies when personal-jurisdiction, venue, process, and service defenses are waived.
• If the Court denies a Rule 12 motion or postpones disposition until trial, Rule 12(a)(2)(A) ordinarily gives 14 days after notice of the Court's action for the responsive pleading, unless the Court sets another time.
• Rule 12(i) allows a party to request a decision before trial on a listed defense, unless the Court defers decision until trial. It does not itself set an oral hearing.