An Arkansas motion to dismiss must be filed within 30 days after service of the summons and complaint, must identify a specific ground under Arkansas Rule of Civil Procedure 12(b), and must include a supporting brief with legal citations. It is filed before the answer, and filing it pauses the answer deadline until the court rules. Get the deadline, the format under Rule 10, and the brief requirement under Rule 7(b)(2) right, and the motion will at least be heard on its merits.
Grounds You Can Raise Under Rule 12(b)
Rule 12(b) sets out the defenses a defendant can raise by motion before answering. They divide into procedural and substantive challenges.
Procedural grounds attack how the case got to court:
- Lack of subject matter jurisdiction — the court has no power to hear this type of case.
- Lack of personal jurisdiction — the defendant has no meaningful connection to Arkansas.
- Improper venue — the case is in the wrong county or court.
- Insufficiency of process — the summons or complaint itself is defective.
- Insufficiency of service of process — the papers were not delivered properly.
The substantive ground is Rule 12(b)(6): failure to state facts upon which relief can be granted. Arkansas uses different language here than the federal rules. The federal version speaks of “failure to state a claim”; Arkansas specifically requires facts. Under Arkansas Rules 8(a)(1) and 12(b)(6) read together, a complaint must contain “a statement in ordinary and concise language of facts showing that the pleader is entitled to relief,” and the Arkansas Supreme Court has held that facts, not mere conclusions, must be alleged.1Justia. Brown v. Tucker :: 1997 :: Arkansas Supreme Court Decisions Arkansas is a fact-pleading state, which is stricter than federal notice pleading.
The 30-Day Filing Deadline
A defendant in Arkansas circuit court has 30 days after being served to file an answer.2State Rules. Rule 12 – Arkansas Rules of Civil Procedure Because a motion to dismiss must be raised before the answer, it has to be filed inside the same 30-day window. Filing the motion pauses the answer deadline until the court rules. Miss the window without filing either a motion or an answer and the plaintiff can seek a default judgment.
Older sources sometimes cite a 20-day deadline. That figure came from an earlier version of the federal rules and does not apply in Arkansas state courts. The number to work from is 30.
Where and How to File
File the motion with the circuit clerk in the county where the case is pending. Arkansas circuit courts have been moving to mandatory electronic filing through eFlex, and most judicial circuits now use e-filing. Check with the clerk in your county to confirm whether e-filing is required or 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 of the motion on every other party. If a party is represented, service goes to the attorney. Service can be made by hand delivery, regular mail, a commercial delivery service, or electronic transmission if the recipient can receive it.3Supreme Court of Arkansas. Arkansas Rules of Civil Procedure Rule 5 – Service and Filing of Pleadings and Other Papers Service by mail is complete when the motion is dropped in the mailbox.
Required Format and Components
Arkansas Rule of Civil Procedure 10 governs how pleadings must be formatted. Every motion to dismiss needs the following.
Caption and Title
The top of the document must include 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.4State Rules. Rule 10 – Arkansas Rules of Civil Procedure Below the caption, give the document a clear title such as “Defendant’s Motion to Dismiss Pursuant to Rule 12(b)(6).” Naming the specific ground tells the judge immediately what the motion argues.
Body
Use numbered paragraphs. Each paragraph should contain a single point or a set of related facts.4State Rules. Rule 10 – Arkansas Rules of Civil Procedure The body should identify the specific Rule 12(b) ground, explain why the complaint fails under that ground, and apply the relevant legal standard. For a 12(b)(6) motion, walk through the complaint’s allegations and show why they do not amount to facts entitling the plaintiff to relief. Cite Arkansas statutes and case law.
Prayer for Relief
End the body with a specific request. Usually that is a request to dismiss the complaint, and you should specify whether you want dismissal with prejudice or without prejudice. With prejudice permanently bars the plaintiff from refiling the same claims. Without prejudice allows a refiled complaint, often after the defect is fixed. A fixable technical problem points toward without prejudice; a claim that fails as a matter of law points toward with prejudice.
Signature Block
An attorney filing the motion must sign it and include an address. A self-represented party must sign and include 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.
Certificate of Service
Attach a certificate at the end confirming that a copy of the motion was sent to every other party. It should state the date, the method of service, and the name and address of each person served.
The Supporting Brief Is Required
Arkansas Rule 7(b)(2) requires that every written motion include “a brief supporting statement of the factual and legal basis for the motion” along with the legal citations relied on.6State Rules. Rule 7 – Arkansas Rules of Civil Procedure Skip this and the court can strike the motion. Some attorneys build the legal argument into the body of the motion itself; others file a separate memorandum. Either works, but the analysis has to be there. A motion that simply announces “the complaint fails to state a claim” without explaining why will not survive.
The brief should lay out the legal standard, identify the specific allegations being challenged, and explain why those allegations fall short. Attach any supporting affidavits with the motion itself, not later.6State Rules. Rule 7 – Arkansas Rules of Civil Procedure Be careful, though: on a 12(b)(6) motion, submitting evidence beyond the complaint can convert the motion into one for summary judgment, which triggers a different set of rules and timelines.
How Courts Evaluate a 12(b)(6) Motion
When ruling, the judge 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. That shapes what the motion should argue. Do not tell your side of the story. Do not say the plaintiff’s facts are wrong. Show that the facts as alleged, taken as true, do not add up to a recognized legal claim. This is where most self-drafted motions go wrong: the defendant wants to dispute what happened, but a 12(b)(6) motion is not the place for it.
Defenses You Lose If You Do Not Raise Them Now
Some Rule 12(b) defenses are waived if you do not include them in your first motion or your answer. Personal jurisdiction, improper venue, insufficiency of process, and insufficiency of service of process all fall in this group. File a motion on one ground and leave out another that was available, and you generally cannot come back to it later.
Two grounds are treated 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 also be raised later, including in later pleadings or at trial, though raising it early through a motion to dismiss is the most efficient route.
What Happens After the Court Rules
If the court grants the motion, the dismissed claims are ended, permanently if the dismissal is with prejudice and subject to refiling if it is without prejudice. Many judges dismiss 12(b)(6) motions without prejudice the first time, giving the plaintiff a chance to amend and replead with sufficient facts.
If the motion is denied, you must file an answer. Arkansas Rule 12(a) sets the answer deadline after denial, and the court’s order may set a specific deadline that overrides the default. The clock starts when notice of the ruling arrives, so have the answer substantially drafted before the ruling comes down.
The plaintiff may also amend before the court rules. Arkansas Rule 15 allows amendment as a matter of course early in the case, and courts generally allow amendment freely when justice requires. If the plaintiff files an amended complaint, the original motion becomes moot, and you will need to decide whether to file a new motion against the amended complaint or answer it.
Practical Points for Self-Represented Filers
A few things save self-drafted motions from the most common mistakes.
Do not argue the facts. A 12(b)(6) motion is a legal challenge to what the complaint says, not a factual defense to what the plaintiff claims happened. The moment the motion starts saying “that’s not what happened,” it has become something it was not designed to be.
Write a real brief. The most common reason self-drafted motions fail is not the legal argument but the absence of any real legal argument. Citing a rule number is not enough. Identify the legal standard, apply it to the specific allegations, and explain why those allegations fall short. Look at published Arkansas cases involving the type of claim you are defending against, and cite ones where the court dismissed similar complaints.
Consider ghostwriting. Arkansas Rule 11 allows an attorney to help draft the motion without formally entering an appearance in the case. The document must include 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 Sometimes called limited scope representation, it puts professional help on the document itself without the cost of full representation through the whole case.