Wyoming MISC GA 15. Motion to Dismiss Action is a motion filed with the court by a defendant in a civil case to have the action against them dismissed. The motion is used to challenge the legal sufficiency of the complaint and contest the court’s jurisdiction over the case. There are two types of Wyoming MISC GA 15. Motion to Dismiss Action: Failure to State a Claim and Lack of Subject Jurisdiction. The Failure to State a Claim motion argues that the complaint fails to identify the legal basis for the plaintiff’s claims, and that the court should dismiss the case as a matter of law. The Lack of Subject Jurisdiction motion argues that the court does not have the power to hear the case, and should dismiss it for that reason.