W.R.C.P.Ch.C. 12

(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 initial

pleading;

(ii) within 30 days after being served with the summons and initial

pleading if service is made outside the State of Wyoming; or

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

Not Applicable.

(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 chancery court sets a different time,

serving a motion under this rule alters these periods as follows:

(A) if the chancery court denies the motion or postpones its disposition

until trial, the responsive pleading must be served within 14 days after

notice of the chancery court’s action; or

(B) if the chancery 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 chancery 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

chancery 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 chancery court

sets, the chancery court may strike the pleading or issue any other appropriate

order.

(f) Motion to Strike. The chancery 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 chancery 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 chancery court orders a

deferral until trial.