How to File a Motion to Dismiss in Wyoming

A judge will grant a motion to dismiss when one party could not possibly prevail at a trial.

A motion to dismiss in Wyoming is filed by a party when he or she believes that the opposing party cannot offer evidence with enough persuasiveness to convince a jury it should prevail. In other words, the opposing party has no case. The party filing the motion to dismiss is also known as the moving party. The other party is known as the non-moving party. After pleadings have been filed by both parties, one side or both may motion to the court to dismiss the case. The judge may only review the briefs filed by both parties and no other evidence. If the judge concludes that no reasonable jury could find for the non-moving party, the case will be dismissed.

Instructions

1. Review the merits of the plaintiff's case against the defendant. The plaintiff will file a pleading in the Wyoming trial court alleging why he believes the defendant is liable to him. The plaintiff must set forth simple but concise statements of law and fact detailing how the defendant breached a legal duty to him and the amount of damages he is entitled to. In order to prevail on a motion to dismiss, the plaintiff's case must be so clearly lacking in any persuasiveness that no reasonable jury could find for the plaintiff. Look for significant lacking evidence, assumptions, speculation and frivolous claims.

2. Draft your pleading with clear, concise legal language. In order to ultimately prevail on a motion to dismiss, the judge must be convinced that the plaintiff's case is so strong that the opponent's case could never prevail should it proceed to trial. The Wyoming trial judge is only able to review pleadings filed in the case. The stronger the pleadings are, the better chance it will have of prevailing in a motion to dismiss. Respond directly to the plaintiff's pleading and evince why each claim is frivolous or lacking merit.

3. File a motion to dismiss either concurrently with your responsive pleading or shortly thereafter. The motion to dismiss must be filed in the same courthouse as where the original case was filed. If the civil case does not exceed $7,000 the case is likely in Wyoming Circuit Court. Otherwise, the case will be in Wyoming District Court.

   A motion to dismiss is typed on 8.5"x11" white paper. On the front page, list the parties, separated by a "v." as well as the date, the docket number (if the case has been assigned one) and "MOTION TO DISMISS" in bold, capital letters. Begin with a short paragraph detailing generally why a motion to dismiss should be granted. From there, address each claim made by the plaintiff and why it lacks merit or is frivolous. Do not use accusatory language but maintain professionalism and propriety.

4. Attend a hearing on the motion and orally argue your claim. The judge or opposing party may order an oral hearing on the matter, but not always. If this happens, both parties will appear before the Wyoming trial court judge assigned to the case. Each party will have a designated amount of time within which to present his argument either for or against the motion to dismiss. If the judge has questions, he will ask each party directly. The motion will either be granted or dismissed at the conclusion of the hearing, or shortly thereafter. The judge will resolve the motion in a light most favorable to the party not making the motion to dismiss. If the case is dismissed, it will either be dismissed with prejudice meaning the plaintiff cannot refile, or without prejudice meaning the plaintiff is free to refile once he uncovers stronger evidence.

References

• Wyoming Civil Procedure Rules: See, Rule 12; Wyoming General Assembly; 2010
• Wyoming Judicial Branch: Wyoming Judiciary; 2011