Rule 12.When and how presented; motion for judgment on the pleadings; consolidating motions; waiving defenses; pretrial hearing

Group III: Pleadings and Motions · Last amended March 1, 2017 · Last verified July 14, 2026

In one sentenceRule 12 sets the deadlines for answering a complaint and lists the defenses — including lack of jurisdiction, improper venue, and failure to state a claim — that a party can raise by motion before ever filing an answer.

Full Text of Rule 12

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g) (h) (i)

(a) Time to Serve a Responsive Pleading. —

(1) In General. — Unless another time is specified by this rule or a state statute, the time for serving a responsive pleading is as follows:

(A) A defendant must serve an answer:

(i) within 20 days after being served with the summons and complaint;

(ii) within 30 days after being served with the summons and complaint if service is made outside the State of Wyoming;

(iii) within 30 days after the last day of publication; or

(iv) if it has timely waived service under Rule 4(d), within 60 days after the request for a waiver was sent, or within 90 days after it was sent to the defendant outside any judicial district of the United States.

(B) A party must serve an answer to a counterclaim or crossclaim within 20 days after being served with the pleading that states the counterclaim or crossclaim.

(C) A party must serve a reply to an answer within 20 days after being served with an order to reply, unless the order specifies a different time.

(2) Effect of a Motion. — Unless the court sets a different time, serving a motion under this rule alters these periods as follows:

(A) if the court denies the motion or postpones its disposition until trial, the responsive pleading must be served within 14 days after notice of the court’s action; or

(B) if the court grants a motion for a more definite statement, the responsive pleading must be served within 14 days after the more definite statement is served.

(b) How to Present Defenses. — Every defense to a claim for relief in any pleading must be asserted in the responsive pleading if one is required. But a party may assert the following defenses by motion:

(1) lack of subject-matter jurisdiction;

(2) lack of personal jurisdiction;

(3) improper venue;

(4) insufficient process;

(5) insufficient service of process;

(6) failure to state a claim upon which relief can be granted; and

(7) failure to join a party under Rule 19. A motion asserting any of these defenses must be made before pleading if a responsive pleading is allowed. If a pleading sets out a claim for relief that does not require a responsive pleading, an opposing party may assert at trial any defense to that claim. No defense or objection is waived by joining it with one or more other defenses or objections in a responsive pleading or in a motion.

(c) Motion for Judgment on the Pleadings. — After the pleadings are closed — but early enough not to delay trial — a party may move for judgment on the pleadings.

(d) Result of Presenting Matters Outside the Pleadings. — If, on a motion under Rule 12(b)(6) or 12(c), matters outside the pleadings are presented to and not excluded by the court, the motion must be treated as one for summary judgment under Rule 56. All parties must be given a reasonable opportunity to present all the material that is pertinent to the motion.

(e) Motion for a More Definite Statement. — A party may move for a more definite statement of a pleading to which a responsive pleading is allowed but which is so vague or ambiguous that the party cannot reasonably prepare a response. The motion must be made before filing a responsive pleading and must point out the defects complained of and the details desired. If the court orders a more definite statement and the order is not obeyed within 10 days after notice of the order or within the time the court sets, the court may strike the pleading or issue any other appropriate order.

(f) Motion to Strike. — The court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter. The court may act:

(1) on its own; or

(2) on motion made by a party either before responding to the pleading or, if a response is not allowed, within 20 days after being served with the pleading.

(g) Joining Motions. —

(1) Right to Join. — A motion under this rule may be joined with any other motion allowed by this rule.

(2) Limitation on Further Motions. — Except as provided in Rule 12(h)(2) or (3), a party that makes a motion under this rule must not make another motion under this rule raising a defense or objection that was available to the party but omitted from its earlier motion.

(h) Waiving and Preserving Certain Defenses. —

(1) When Some Are Waived. — A party waives any defense listed in Rule 12(b)(2)—(5) by:

(A) omitting it from a motion in the circumstances described in Rule 12(g)(2); or

(B) failing to either:

(i) make it by motion under this rule; or (ii) include it in a responsive pleading or in an amendment allowed by Rule 15(a)(1) as a matter of course. (2) When to Raise Others. — Failure to state a claim upon which relief can be granted, to join a person required by Rule 19(b), or to state a legal defense to a claim may be raised:

(A) in any pleading allowed or ordered under Rule 7(a);

(B) by a motion under Rule 12(c); or

(C) at trial. (3) Lack of Subject-Matter Jurisdiction. — If the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action.

(i) Decision Before Trial. — If a party so moves, any defense listed in Rule 12(b)(1)—(7) — whether made in a pleading or by motion — and a motion under Rule 12(c) must be decided before trial unless the court orders a deferral until trial.

End

Amendment History

Added February 2, 2017, effective March 1, 2017.

Plain-English Summary

A defendant normally must answer within 20 days of being served, 30 days if served outside Wyoming, 30 days after the last day of publication service, or on a longer schedule if it waived formal service. Answers to counterclaims or crossclaims are due in 20 days, and a reply is due 20 days after the court orders one. Filing a motion under this rule resets the clock: if the court denies the motion, the responsive pleading is due 14 days after that ruling, and the same 14 days applies after a more definite statement is served.

Instead of answering right away, a party can raise seven defenses by motion: lack of subject-matter jurisdiction, lack of personal jurisdiction, improper venue, insufficient process, insufficient service of process, failure to state a claim upon which relief can be granted, and failure to join a required party under Rule 19. These defenses generally must be raised together in a single motion — raising some now and saving others for later usually waives what got left out, though a challenge to subject-matter jurisdiction can be raised at any point in the case, and the court must dismiss on its own if it finds jurisdiction is lacking.

A few other mechanics round out the rule. After the pleadings close, a party can move for judgment on the pleadings. If a motion to dismiss for failure to state a claim, or a motion for judgment on the pleadings, relies on material outside the pleadings that the court does not exclude, the motion converts into one for summary judgment under Rule 56, and both sides get a fair chance to respond to that added material. A party facing a vague or ambiguous pleading can move for a more definite statement, and a court can strike an insufficient defense or scandalous matter from a pleading, on its own or on motion.

Frequently Asked Questions

What is a 12(b)(6) motion to dismiss?

It is a motion arguing that even taking the complaint's allegations as true, they do not add up to a claim the law recognizes — a failure to state a claim upon which relief can be granted.

How long do I have to answer a complaint in Wyoming?

Generally 20 days after service, 30 days if served outside Wyoming, 30 days after the last day of publication service, or a longer period if the defendant timely waived formal service.

What defenses do I lose if I leave them out of my first motion or answer?

Defenses like lack of personal jurisdiction, improper venue, insufficient process, and insufficient service of process are generally waived if omitted from an available motion or the responsive pleading.

Can lack of subject-matter jurisdiction be raised at any time?

Yes. Unlike most Rule 12 defenses, a challenge to subject-matter jurisdiction is never waived, and the court must dismiss the case on its own if it determines jurisdiction is missing.

What happens if a motion to dismiss relies on evidence outside the complaint?

If the court does not exclude that outside material, the motion is treated as one for summary judgment under Rule 56, and both sides must get a reasonable chance to present material relevant to the converted motion.

Source & verification. Rule text and amendment history are reproduced verbatim from the Wyoming Rules of Civil Procedure, adopted by the Supreme Court of Wyoming. Last verified July 14, 2026. · Official source

Also known as: motion to dismissMTD12(b)(6) motionfailure to state a claimimproper venue motiontime to answer a complaint wyomingmotion for more definite statement