Motion to Dismiss

IN THE DISTRICT COURT OF THE [____] JUDICIAL DISTRICT

STATE OF WYOMING, IN AND FOR [________________________________] COUNTY

[PLAINTIFF'S FULL NAME],
Plaintiff,

v.

[DEFENDANT'S FULL NAME],
Defendant.

Civil Docket No.: [____________________]

The Honorable [________________________________]

DEFENDANT'S MOTION TO DISMISS

Pursuant to Wyoming Rule of Civil Procedure W.R.C.P. 12(b)

I. NOTICE OF MOTION AND INTRODUCTION

PLEASE TAKE NOTICE that Defendant [________________________________] ("Defendant"), by counsel, moves this Court pursuant to Wyoming Rule of Civil Procedure 12(b) to dismiss [☐ the entire Complaint / ☐ the following claims: ________________________________] asserted in the [☐ Complaint / ☐ Amended Complaint / ☐ other: ____________________] (the "Complaint") filed by Plaintiff [________________________________] ("Plaintiff") on [__/__/____].

Grounds for Dismissal (check all that apply):

☐ W.R.C.P. 12(b)(1) — Lack of subject-matter jurisdiction
☐ W.R.C.P. 12(b)(2) — Lack of personal jurisdiction over Defendant
☐ W.R.C.P. 12(b)(3) — Improper venue
☐ W.R.C.P. 12(b)(4) — Insufficiency of process
☐ W.R.C.P. 12(b)(5) — Insufficiency of service of process
☐ W.R.C.P. 12(b)(6) — Failure to state a claim upon which relief can be granted
☐ W.R.C.P. 12(b)(7) — Failure to join a party required under Rule 19
☐ Statute of Limitations — Claims time-barred under Wyo. Stat. § 1-3
☐ Other: [________________________________]

This motion is supported by the Memorandum of Law set forth below.

II. PROCEDURAL INFORMATION

A. Filing Deadline and Timeliness

Under W.R.C.P. 12(a)(1)(A), a defendant served with a summons and complaint must serve an answer within 21 days after service (unless a different time is prescribed by rule or court order). A motion asserting defenses under W.R.C.P. 12(b)(2)–(5) must be raised before or simultaneously with the first responsive pleading; these defenses are waived if not timely asserted. W.R.C.P. 12(h)(1). Defenses under 12(b)(6) and 12(b)(7) are not waived by failure to include in a pre-answer motion and may be raised at any time through trial.

• Complaint served on Defendant: [__/__/____]
• Answer/response due (21 days after service): [__/__/____]
• Date this motion filed: [__/__/____]

Conversion to Summary Judgment: If matters outside the pleadings are presented to and not excluded by the court on a W.R.C.P. 12(b)(6) motion, the motion must be treated as one for summary judgment under W.R.C.P. 56. This motion does not present matters outside the pleadings and should not be converted.

B. Briefing Schedule

Under W.R.C.P. 7 and applicable local rules for [________________________________] County District Court:

• Supporting memorandum: Filed herewith;
• Opposition memorandum: Due within [____] days after service of this motion (check local rules);
• Reply memorandum: Due within [____] days after service of opposition;
• Page limits: [Check local district court rules for applicable page limits].

Oral argument: ☐ Requested / ☐ Waived — submitted on the briefs.

Hearing date (if applicable): [__/__/____] at [____]:[____] [☐ AM / ☐ PM]

C. Electronic Filing — Wyoming Electronic Filing and Service Rules (Effective January 2026)

Wyoming courts use an electronic filing system for district courts. Effective January 2026, the Wyoming Supreme Court updated its electronic filing rules. For courts where eFiling is mandatory, every e-filed document must be e-served upon all registered users unless the court orders otherwise.

• Wyoming district court e-filing portal: https://efiling.courts.state.wy.us/
• Wyoming Supreme Court eFiling: https://www.wyocourts.gov/efiling/
• Wyoming Electronic Filing and Service Rules (effective Jan. 2026): https://www.wyocourts.gov/app/uploads/2025/01/WY-Electronic-Filing-Service-Rules-Eff.-Jan-2026.pdf

Confirm with the specific district court whether mandatory e-filing applies.

III. STATEMENT OF THE CASE

A. The Parties

1. Plaintiff [________________________________] is [☐ an individual residing in [________________________________] County, Wyoming / ☐ a [state] corporation with its principal place of business in [________________________________] / ☐ other: ________________________________].

2. Defendant [________________________________] is [☐ an individual residing in [________________________________] / ☐ a [state] corporation with its principal place of business in [________________________________] / ☐ other: ________________________________].

B. Claims Asserted

C. Summary of Key Allegations

Plaintiff's Complaint alleges: [________________________________].

IV. MEMORANDUM OF LAW IN SUPPORT OF MOTION TO DISMISS

A. Wyoming's Notice Pleading Standard

Wyoming follows a notice pleading standard under W.R.C.P. 8(a), which requires "a short and plain statement of the claim showing that the pleader is entitled to relief." Wyoming has not adopted the federal Twombly/Iqbal plausibility standard.

However, W.R.C.P. 8(a) also requires that a party "plead all material facts that are known to that party that support that claim or affirmative defense." This means that while detailed evidentiary allegations are not required, a plaintiff must plead the material factual predicate for each element of each asserted claim.

Standard for W.R.C.P. 12(b)(6) in Wyoming:

• All well-pleaded facts are accepted as true;
• All reasonable inferences are drawn in the plaintiff's favor;
• The complaint is construed in the light most favorable to the plaintiff;
• Dismissal is appropriate only if it is certain from the face of the complaint that the plaintiff is not entitled to relief under any set of facts.

Laramie Rivers Co. v. Wheatland Irrigation District, 408 P.2d 9 (Wyo. 1965); Lucero v. Holbrook, 2012 WY 152.

Despite the liberal pleading standard, Wyoming courts will dismiss where the complaint's facts, even if proven, could not entitle the plaintiff to relief, or where a legal bar such as the statute of limitations appears on the face of the complaint.

B. Argument on Each Ground

GROUND 1: W.R.C.P. 12(b)(1) — Lack of Subject-Matter Jurisdiction

(Complete this section if applicable.)

This Court lacks subject-matter jurisdiction over [☐ all claims / ☐ the following claims: ________________________________] because:

☐ Wyoming Governmental Claims Act: The claim against [a Wyoming state entity / government] is barred by sovereign immunity under the Wyoming Governmental Claims Act, Wyo. Stat. § 1-39-101 et seq. Specifically, [________________________________]. No applicable waiver of immunity covers this type of claim.

☐ Exclusive jurisdiction in another tribunal: Exclusive jurisdiction over this matter is vested in [the Wyoming Supreme Court / the Wyoming Department of Workforce Services / the Wyoming Public Service Commission] under Wyo. Stat. § [____________________].

☐ Federal subject-matter jurisdiction only: This dispute involves [a federal question / a matter committed exclusively to federal jurisdiction] under [________________________________], which vests exclusive jurisdiction in federal district court.

☐ Ripeness: This controversy is not ripe because [________________________________].

☐ Mootness: The matter is moot because [________________________________].

☐ Standing: Plaintiff lacks standing to pursue these claims because [________________________________].

☐ Other: [________________________________].

Authority: [________________________________].

GROUND 2: W.R.C.P. 12(b)(2) — Lack of Personal Jurisdiction

(Complete this section if applicable.)

This Court lacks personal jurisdiction over Defendant because Defendant lacks the minimum contacts with Wyoming necessary to satisfy due process.

General Jurisdiction: Defendant is not subject to general (all-purpose) personal jurisdiction in Wyoming because:
☐ Defendant is not domiciled in Wyoming;
☐ Defendant is not incorporated under Wyoming law;
☐ Defendant's principal place of business is not in Wyoming;
☐ Defendant does not have continuous and systematic contacts with Wyoming sufficient to render it essentially "at home" here.

Specific Jurisdiction (Wyoming Long-Arm Statute — Wyo. Stat. § 5-1-107): Wyoming's long-arm statute extends jurisdiction to the full extent permitted by due process. However, specific jurisdiction is still lacking because:

☐ The claims in this lawsuit do not arise out of or relate to any contact by Defendant with Wyoming;
☐ Defendant has not transacted business, committed a tort, or otherwise purposefully directed activities at Wyoming;
☐ Defendant has not contracted to supply services, goods, or insurance in Wyoming in connection with this dispute;
☐ Exercise of jurisdiction over Defendant would not comport with fair play and substantial justice.

Supporting Declaration: ☐ The Declaration of [________________________________], attached hereto as Exhibit [____], sets forth the basis for this jurisdictional challenge.

Authority: Wyo. Stat. § 5-1-107; International Shoe Co. v. Washington, 326 U.S. 310 (1945); Hanson v. Denckla, 357 U.S. 235 (1958); Dorr v. Weber, 741 F. Supp. 2d 993 (D. Wyo. 2010).

GROUND 3: W.R.C.P. 12(b)(3) — Improper Venue

(Complete this section if applicable.)

Venue is improper in [________________________________] County because:

☐ Under Wyo. Stat. § 1-5-101 et seq., venue for [this type of action] is proper in [the county where the defendant resides / where the cause of action arose / where the property at issue is located], which is [________________________________] County, not [________________________________] County.

☐ The parties' written agreement at [Exhibit ____] designates [________________________________] as the exclusive venue for all disputes arising from or related to [________________________________].

☐ Under Wyo. Stat. § 1-5-105, venue for actions against a corporation is proper where the corporation's principal place of business is located, which is [________________________________] County.

☐ [Other venue ground: ________________________________].

Requested Relief: Transfer to [________________________________] County pursuant to Wyo. Stat. § 1-5-110 (or dismissal without prejudice to refiling in the proper venue).

GROUND 4: W.R.C.P. 12(b)(4) — Insufficiency of Process

(Complete this section if applicable.)

The process issued in this case is insufficient because:

☐ The summons fails to include the time within which Defendant must appear and defend as required by W.R.C.P. 4(a)(1);
☐ The summons does not properly identify the parties;
☐ The summons lacks the required signature or court seal;
☐ Other defect: [________________________________].

GROUND 5: W.R.C.P. 12(b)(5) — Insufficiency of Service of Process

(Complete this section if applicable.)

Service of process was insufficient because:

☐ Personal service defective: Service was not personally delivered to Defendant or an authorized agent under W.R.C.P. 4(d)(1);

☐ Substituted service defective: Substitute service was not left at Defendant's usual place of abode with a suitable person under W.R.C.P. 4(d)(1)(B);

☐ Service on entity defective: Service on the defendant entity was not made upon an officer, director, or registered agent as required by W.R.C.P. 4(d)(6);

☐ Time for service: Service was not made within 90 days of filing the complaint as required by W.R.C.P. 4(m) (or extended time ordered by court);

☐ Other defect in service: [________________________________].

GROUND 6: W.R.C.P. 12(b)(6) — Failure to State a Claim

(Complete for each claim that fails to state a cognizable claim.)

Claim 1: [________________________________] — Failure to State a Claim

Elements Under Wyoming Law: To state a valid claim for [________________________________] under Wyoming law, a plaintiff must allege: (1) [________________________________]; (2) [________________________________]; (3) [________________________________]; and (4) [________________________________].

Plaintiff's Allegations: Plaintiff alleges [________________________________]. See Complaint ¶¶ [____].

Why the Claim Fails:

☐ Missing material element: The Complaint fails to allege any material facts in support of [________________________________], a required element of this claim. Plaintiff's assertion at paragraph [____] — "[________________________________]" — is a conclusory statement devoid of factual content. Even under Wyoming's notice pleading standard, W.R.C.P. 8(a) requires that a party plead all known material facts supporting the claim.

☐ Statute of limitations: This claim is time-barred. The applicable limitations period for [________________________________] is [____] years under Wyo. Stat. § 1-3-[____]. The cause of action accrued on [__/__/____] and the Complaint was filed on [__/__/____], which is [____] [years/months] after the limitations period expired.

☐ No recognized cause of action: Wyoming courts have not recognized a cause of action for [________________________________] under the circumstances alleged because [________________________________]. See [authority].

☐ Wyoming Governmental Claims Act — immunity: Defendant [________________________________] is a governmental entity protected by sovereign immunity under Wyo. Stat. § 1-39-101 et seq. The claim is not within the limited waiver of immunity under § 1-39-106 et seq. because [________________________________].

☐ Economic loss rule: Plaintiff's tort claim is barred by the economic loss rule because the parties' dispute arises from a contractual relationship and the damages alleged are purely economic. Rissler & McMurry Co. v. Sheridan Area Water Supply Joint Powers Board, 929 P.2d 1228 (Wyo. 1996).

☐ Preemption: This claim is preempted by [federal law / Wyoming statute: ________________________________] because [________________________________].

☐ Statute of frauds: The agreement at issue is unenforceable under Wyo. Stat. § 1-23-105 because it was not in writing, and no exception applies.

☐ Other: [________________________________].

Authority: [________________________________].

Claim 2: [________________________________] — Failure to State a Claim

Elements: [________________________________].

Plaintiff's Allegations: [________________________________]. See Complaint ¶¶ [____].

Why the Claim Fails:

☐ [________________________________]
☐ [________________________________]
☐ [________________________________]

Claim 3: [________________________________] — Failure to State a Claim

Elements: [________________________________].

Plaintiff's Allegations: [________________________________]. See Complaint ¶¶ [____].

Why the Claim Fails:

☐ [________________________________]
☐ [________________________________]

Claim 4: [________________________________] — Failure to State a Claim

Elements: [________________________________].

Plaintiff's Allegations: [________________________________]. See Complaint ¶¶ [____].

Why the Claim Fails:

☐ [________________________________]
☐ [________________________________]

GROUND 7: W.R.C.P. 12(b)(7) — Failure to Join Required Party

(Complete this section if applicable.)

Plaintiff has failed to join [________________________________] (the "Absent Party"), who is a required party under W.R.C.P. 19 because:

☐ Complete relief cannot be accorded among the existing parties without the Absent Party's presence;

☐ The Absent Party claims an interest in the subject of this action, and proceeding without the Absent Party would:
☐ Impair or impede the Absent Party's ability to protect that interest; or
☐ Leave existing parties subject to a substantial risk of double, multiple, or inconsistent obligations.

☐ Joinder of the Absent Party is feasible because [________________________________].

☐ If joinder is not feasible, equity and good conscience require dismissal because [________________________________].

V. STATUTE OF LIMITATIONS SUMMARY TABLE

(Complete where applicable.)

Common Wyoming Limitations Periods:

• Personal injury: 4 years — Wyo. Stat. § 1-3-106
• Property damage: 4 years — Wyo. Stat. § 1-3-106
• Contract (written): 8 years — Wyo. Stat. § 1-3-105(a)(i)
• Contract (oral): 8 years — Wyo. Stat. § 1-3-105(a)(i)
• Fraud: 4 years from discovery — Wyo. Stat. § 1-3-106
• Medical malpractice: 2 years — Wyo. Stat. § 1-3-107

VI. CONCLUSION AND PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that this Court:

1. GRANT this Motion to Dismiss;

2. DISMISS [☐ the Complaint in its entirety / ☐ the following claims: ________________________________] [☐ with prejudice / ☐ without prejudice];

3. ☐ In the alternative, if the Court dismisses without prejudice, grant Plaintiff [____] days to file an Amended Complaint that cures the deficiencies identified herein;

4. ☐ TRANSFER this action to [________________________________] County if the Court declines to dismiss for improper venue;

5. ☐ Award Defendant its costs and attorney's fees as permitted by applicable law or contract; and

6. Grant such other and further relief as this Court deems just and proper.

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]
[Attorney Name]
Wyoming State Bar No. [____________________]
[Street Address]
[City, WY ZIP]
Telephone: ([____]) [____]-[________]
Fax: ([____]) [____]-[________]
Email: [________________________________]

COUNSEL FOR DEFENDANT [________________________________]

Date: [__/__/____]

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I electronically filed the foregoing Motion to Dismiss through the Wyoming electronic filing system and served a true and correct copy upon all counsel of record and/or pro se parties as follows:

[________________________________]
[Attorney Name]

APPENDIX: WYOMING DISTRICT COURT QUICK REFERENCE

Judicial Districts and Major Counties

Wyoming Civil Procedure — Key W.R.C.P. Provisions for MTD Practice

SOURCES AND REFERENCES

• Wyoming Rules of Civil Procedure (August 2024): https://www.wyocourts.gov/app/uploads/2025/01/Wyoming-Rules-of-Civil-Procedure-August-2024.pdf
• Wyoming Electronic Filing and Service Rules (Jan. 2026): https://www.wyocourts.gov/app/uploads/2025/01/WY-Electronic-Filing-Service-Rules-Eff.-Jan-2026.pdf
• Wyoming Judicial Branch — eFiling: https://www.wyocourts.gov/efiling/
• Wyoming District Court eFiling Portal: https://efiling.courts.state.wy.us/
• Wyo. Stat. § 1-3 (Limitation of Actions): https://wyoleg.gov/statutes/compress/title01.pdf
• Wyo. Stat. § 5-1-107 (Long-Arm Statute): https://wyoleg.gov/statutes/compress/title05.pdf
• Wyoming Governmental Claims Act, Wyo. Stat. § 1-39-101 et seq.: https://wyoleg.gov/statutes/compress/title01.pdf