IN THE DISTRICT COURT

[___] JUDICIAL DISTRICT

[___] COUNTY, STATE OF WYOMING

[PLAINTIFF NAME],
  Plaintiff,

v. Civil Action No. [__]

[DEFENDANT NAME],
  Defendant.

DEFENDANT’S MOTION TO DISMISS

Pursuant to Wyo. R. Civ. P. 12(b)(6) and Brief in Support
[and, in the alternative, Motion for More Definite Statement under Wyo. R. Civ. P. 12(e)]

[// GUIDANCE: Combine motion and brief to satisfy Wyoming practice of submitting a memorandum of law contemporaneously with the motion. Adjust title if filing a stand-alone brief.]

TABLE OF CONTENTS

1. Introduction ............................................................ 1
2. Procedural Background ............................................... 1
3. Statement of Alleged Facts (as Pled) ............................. 2
4. Applicable Legal Standard ........................................... 2
5. Argument & Authorities ............................................... 3
   5.1 Count I Fails to State a Claim .................................... 3
   5.2 Count II Fails to State a Claim ................................... 4
   5.3 Alternative Relief: More Definite Statement .................. 5
6. Request for Oral Argument ......................................... 6
7. Conclusion & Prayer for Relief ..................................... 6
8. Certificate of Service ................................................ 7

[// GUIDANCE: Update page numbers after finalizing.]

1. Introduction

Defendant [DEFENDANT NAME] (“Defendant”) respectfully moves this Court, pursuant to Wyoming Rule of Civil Procedure 12(b)(6), to dismiss the Complaint of Plaintiff [PLAINTIFF NAME] (“Plaintiff”) in its entirety for failure to state a claim upon which relief can be granted. In the alternative, and only if the Court does not grant dismissal, Defendant requests an order requiring Plaintiff to provide a more definite statement under Wyo. R. Civ. P. 12(e).

2. Procedural Background

1. Plaintiff filed the Complaint on [DATE] asserting [NUMBER] causes of action: [LIST COUNTS].
2. Service was effected on Defendant on [DATE].
3. No responsive pleading has yet been filed; accordingly, this Motion is timely under Wyo. R. Civ. P. 12(b).

3. Statement of Alleged Facts (as Pled)

For purposes of this Motion only, Defendant summarizes the facts as alleged by Plaintiff, without admitting their truth:
a. [FACT PARAGRAPH 1]
b. [FACT PARAGRAPH 2]
c. [FACT PARAGRAPH 3]

[// GUIDANCE: Present only the key allegations necessary for the Court to evaluate the sufficiency of the pleadings; avoid unnecessary detail.]

4. Applicable Legal Standard

Under Wyo. R. Civ. P. 12(b)(6), a complaint must be dismissed when it fails to allege “facts sufficient to raise a right to relief above the speculative level and to state a claim that is plausible on its face.” The Court must accept well-pleaded factual allegations as true but is “not bound to accept as true a legal conclusion couched as a factual allegation.”

A complaint is insufficient if:
1. It asserts mere labels, conclusions, or a formulaic recitation of elements;
2. It relies on speculative or conclusory content; or
3. It lacks allegations establishing each essential element of the asserted claim.

[// GUIDANCE: Wyoming courts routinely look to federal plausibility standards (e.g., Twombly/Iqbal) as persuasive authority. Omit case citations unless you independently verify them.]

5. Argument & Authorities

5.1 Count I – [TITLE OF CLAIM] Fails to State a Claim

1. Element One—[Identify]. Plaintiff pleads only [citation to paragraph], which is conclusory and lacks factual underpinning (e.g., date, parties, consideration).
2. Element Two—[Identify]. No allegation shows [specific element].
3. Element Three—Damages. Plaintiff asserts damages “in excess of $___,” but supplies no factual basis linking the alleged breach to any cognizable loss.

Therefore, Count I should be dismissed with prejudice.

5.2 Count II – [TITLE OF CLAIM] Fails to State a Claim

(Repeat structured analysis as above for each count.)

5.3 Alternative Relief: More Definite Statement (Wyo. R. Civ. P. 12(e))

If the Court determines dismissal is not warranted, Defendant requests an order compelling Plaintiff to plead with greater specificity, identifying:
a. The particular transactions at issue;
b. The dates and participants in each alleged act; and
c. The manner in which Defendant’s conduct caused the alleged harm.

[// GUIDANCE: A 12(e) request is commonly paired with a dismissal motion as fallback relief.]

6. Request for Oral Argument

Pursuant to Wyo. R. Civ. P. 7(b) and Local Rule [CITE IF APPLICABLE], Defendant respectfully requests oral argument. Oral presentation will aid the Court in addressing [complex factual matrix/novel legal question].

[// GUIDANCE: Many Wyoming district courts require a party to affirmatively request oral argument in the motion’s caption or first paragraph. Confirm local practice.]

7. Conclusion & Prayer for Relief

WHEREFORE, Defendant respectfully requests that the Court:
1. Grant this Motion and dismiss the Complaint with prejudice;
2. Award Defendant its reasonable costs and attorneys’ fees as allowed by law;
3. Alternatively, order Plaintiff to file a more definite statement within [___] days; and
4. Grant such other and further relief as the Court deems just and proper.

Respectfully submitted this ___ day of ____, 20__.

text
[LAW FIRM NAME]

By: ____
[ATTORNEY NAME], WSB No. [_]
[Address]
[City, State ZIP]
Telephone: []
Email: [___]
Attorney for Defendant

8. Certificate of Service

I hereby certify that on this ___ day of ____, 20__, I served the foregoing Motion to Dismiss on all counsel of record by:

☐ CM/ECF (if available)
☐ E-mail to: [EMAIL ADDRESSES]
☐ U.S. Mail, postage prepaid, addressed to:
  [ADDRESS]

text

[ATTORNEY NAME]
[// GUIDANCE: Wyoming Rule of Civil Procedure 5(b) governs service. Check whether the district participates in the Wyoming Judiciary’s e-filing system; if so, include CM/ECF service.]

ADDITIONAL WYOMING-SPECIFIC NOTES

1. Briefing Schedule
   • Absent a scheduling order, Wyo. R. Civ. P. 6(c)(1) generally requires that a written motion be served at least 14 days before the hearing date.
   • Confirm any county-level local rules for response and reply deadlines (commonly 14 days to respond and 7 days to reply, but local variation exists).

2. Page Limits
   • Wyoming’s statewide rules do not impose formal page limits, but several district courts adopt standing orders (e.g., 25 pages for an opening brief). Verify with the assigned judge’s chambers or local rules.

3. Oral Argument
   • Judges have discretion to set hearings. A party’s written request in the motion itself preserves the opportunity and signals the need for argument.

4. Proposed Order
   • Many Wyoming judges require a separate, editable proposed order emailed in Word format. Check the judge’s individual practice guidelines and, if required, submit concurrently with this Motion.

[// GUIDANCE: Always review the latest Wyoming Rules of Civil Procedure, county-specific local rules, and the assigned judge’s standing orders before filing.]