To file an Arkansas motion to dismiss, you serve a written motion on the court within 30 days of being served with the complaint, cite a specific ground listed in Arkansas Rule of Civil Procedure 12(b), and attach a brief explaining the factual and legal basis. The motion must come before you file an answer, and it attacks a legal or procedural flaw in the complaint rather than the plaintiff’s version of the facts.
Grounds You Can Raise Under Rule 12(b)
Rule 12(b) lists the defenses that can end a lawsuit before an answer is filed. Pick the one that actually fits your situation, because the ground you cite shapes everything that follows.
- Lack of subject matter jurisdiction, meaning the court has no legal power to hear this type of case.
- Lack of personal jurisdiction, often because the defendant has no meaningful connection to Arkansas.
- Improper venue, meaning the case was filed in the wrong county or court.
- Insufficiency of process, meaning the summons or complaint itself was defective.
- Insufficiency of service of process, meaning the papers were not delivered properly.
- Failure to state facts upon which relief can be granted, under Rule 12(b)(6).
The last ground is the one most defendants reach for. Arkansas uses stricter language here than the federal rules: the federal version refers to “failure to state a claim,” but Arkansas Rule 8(a)(1), read with Rule 12(b)(6), requires “a statement in ordinary and concise language of facts showing that the pleader is entitled to relief.” Facts, not conclusions.1Justia. Brown v. Tucker :: 1997 :: Arkansas Supreme Court Decisions
The 30-Day Deadline
You have 30 days after being served with the summons and complaint to file either an answer or a motion to dismiss in Arkansas circuit court.2State Rules. Rule 12 – Arkansas Rules of Civil Procedure Filing the motion within that window pauses the answer deadline until the court rules. Miss the 30 days without filing either document, and the plaintiff can move for a default judgment against you.
Count carefully from the date of service, not the date you first saw the papers in the mail or on your door. If the thirtieth day falls on a weekend or legal holiday, the deadline rolls to the next business day under the general rules of time computation.
What the Motion Must Contain
Arkansas Rule 10 governs how pleadings must be formatted, and Rule 7 adds the brief requirement. A motion missing any of the pieces below can be stricken.
Caption and Title
The top of the document carries a caption with the name of the court (for example, “Circuit Court of Pulaski County, Arkansas”), the names of the parties, and the case number.3State Rules. Rule 10 – Arkansas Rules of Civil Procedure Give the document a title that names the specific ground, such as “Defendant’s Motion to Dismiss Pursuant to Rule 12(b)(6).” A judge should know from the title what the motion argues.
Numbered Paragraphs in the Body
Use numbered paragraphs, each covering a single point or related set of facts.3State Rules. Rule 10 – Arkansas Rules of Civil Procedure The body identifies the Rule 12(b) defense, explains why the complaint fails under it, and applies the legal standard. For a 12(b)(6) motion, walk through the complaint’s allegations and show why they do not state facts entitling the plaintiff to relief. Cite Arkansas statutes or case law that back up your position.
The Supporting Brief
Rule 7(b)(2) requires every written motion to include “a brief supporting statement of the factual and legal basis for the motion” along with the legal citations you rely on.4State Rules. Rule 7 – Arkansas Rules of Civil Procedure This is not optional. Skip it and the court can strike the motion. You can either weave the legal argument into the body of the motion itself or file a separate supporting memorandum. A motion that says “the complaint fails to state a claim” and stops there will not survive. The brief must lay out the standard, point to the specific allegations you are attacking, and explain the gap.
If you need to attach affidavits, file them with the motion itself.4State Rules. Rule 7 – Arkansas Rules of Civil Procedure Be careful, though: attaching evidence outside the complaint on a 12(b)(6) motion can convert it into a motion for summary judgment, which runs on different rules and a different timeline.
Prayer for Relief
Close the body with a specific request. State whether you want dismissal with prejudice or without prejudice. A dismissal with prejudice permanently bars the plaintiff from refiling the same claims; without prejudice allows refiling, usually after fixing the defect. If the complaint has a technical problem a plaintiff could cure, courts tend to dismiss without prejudice. If the complaint is legally deficient on its face, with prejudice is the stronger ask.
Signature and Certificate of Service
An attorney filing the motion signs and includes their address. A self-represented party signs and includes an address and telephone number.5Arkansas Justice. Arkansas Rules of Civil Procedure Rule 11 – Signing of Pleadings, Motions, and Other Papers An unsigned motion can be stricken. End with a certificate of service stating the date, method of service, and the name and address of each party served.
How a Judge Decides a 12(b)(6) Motion
On a 12(b)(6) motion, the court treats every factual allegation in the complaint as true and views them in the light most favorable to the plaintiff. The judge looks only at the complaint itself. Your motion is not the place to argue that the plaintiff’s version is false. That is where most self-drafted motions fall apart: the defendant wants to tell their side, and the moment they do, the motion stops being a 12(b)(6) motion.
The question in front of the judge is narrow. Taking the plaintiff’s facts as given, does Arkansas law actually provide a remedy for what they describe? If yes, the motion fails. If no, it succeeds.
Defenses That Are Waived If You Skip Them
Several Rule 12(b) defenses disappear if you leave them out of your first motion or answer. Personal jurisdiction, improper venue, insufficiency of process, and insufficiency of service of process are all waived if you fail to raise them at the earliest opportunity. File a motion to dismiss on one ground, omit another defense that was available, and you generally cannot bring the omitted defense back later.
Two defenses behave differently. Subject matter jurisdiction can never be waived, and the court can raise it on its own at any point. Failure to state facts upon which relief can be granted can be raised later than the initial motion, including in subsequent pleadings or at trial, though raising it early through a motion to dismiss is more efficient.
Where and How To File
File the motion with the circuit clerk’s office in the county where the case is pending. Arkansas circuit courts have been moving to mandatory electronic filing through the eFlex system, and most judicial circuits now use e-filing. Check with the clerk in your county to confirm whether e-filing is required or whether paper filing is still accepted. If you file on paper, bring an extra copy and a self-addressed, stamped envelope so the clerk can return a file-stamped copy.
After filing, serve a copy on every other party. If the opposing party has an attorney, service goes to the attorney, not the party. Service can be made by hand delivery, regular mail, commercial delivery service, or electronic transmission if the recipient can receive it.6Supreme Court of Arkansas. Arkansas Rules of Civil Procedure Rule 5 – Service and Filing of Pleadings and Other Papers Service by mail is complete when you drop it in the mailbox.
What Happens After the Court Rules
If the court grants the motion with prejudice, the dismissed claims are gone for good. If the dismissal is without prejudice, the plaintiff can refile, often after fixing the defect the court identified. Many judges grant 12(b)(6) motions without prejudice the first time around, giving the plaintiff a chance to replead with sufficient facts.
If the court denies the motion, you must file an answer. Arkansas Rule 12(a) sets the answer deadline once the court rules, and the judge’s order may set a specific deadline that overrides the default period. The clock starts when you receive notice of the ruling, so have your answer drafted before the court decides.
The plaintiff can also sidestep your motion by amending the complaint. Arkansas Rule 15 allows amendment as a matter of course early in the case, and courts generally allow amendment freely when justice requires it. An amended complaint moots your original motion, and you will have to decide whether to challenge the new version or answer it.
If You Are Filing Without a Lawyer
A few points save self-represented filers from the most common mistakes. Do not argue the facts. The entire purpose of a 12(b)(6) motion is to show the complaint fails as a matter of law.
Get the brief right. Citing a rule number without legal analysis will not carry a motion. Identify the standard, apply it to the specific allegations, and point to Arkansas cases where courts dismissed similar complaints.
You can also get help without hiring a lawyer for the whole case. Arkansas Rule 11 allows an attorney to help draft the motion without formally entering an appearance, as long as the document includes a notation that it was “prepared with the assistance of a licensed Arkansas lawyer.”5Arkansas Justice. Arkansas Rules of Civil Procedure Rule 11 – Signing of Pleadings, Motions, and Other Papers This limited-scope help, sometimes called ghostwriting, gives you professional drafting on the document itself without the cost of full representation.