Arkansas Civil Motion Practice: A Comprehensive Guide

Arkansas civil motion practice is governed primarily by the Arkansas Rules of Civil Procedure (Ark. R. Civ. P.), which structure how parties file and litigate dispositive and non-dispositive motions in the state's Circuit Courts. While Arkansas rules mirror federal practice in many respects, critical differences exist in pleading standards, motion deadlines, and procedural requirements that practitioners must understand to avoid waiving rights or defaulting claims.

Pleading Standards and Motion to Dismiss

Arkansas employs notice pleading, similar to Federal Rule of Civil Procedure 12(b)(6), but with important distinctions. Under Ark. R. Civ. P. 8(a), a complaint must contain "a short and plain statement of the claim showing that the pleader is entitled to relief." This is more forgiving than fact pleading; Arkansas does not require detailed factual allegations at the pleading stage.

However, Arkansas has adopted principles resembling the federal Ashcroft v. Iqbal / Bell Atlantic v. Twombly standard to some degree. Complaints must plead facts that raise a reasonable expectation that discovery will reveal evidence supporting the claim—bare legal conclusions are insufficient.

A motion to dismiss for failure to state a claim under Ark. R. Civ. P. 12(b)(6) must be filed before or with the answer (unless the court permits otherwise). The motion accepts all well-pleaded factual allegations as true and challenges whether those facts, if proven, constitute a valid cause of action.

Key distinctions from federal practice:

Motion for Summary Judgment

Under Ark. R. Civ. P. 56, summary judgment is proper when "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law."

Filing deadline: A motion for summary judgment must be filed at least 30 days before trial (Ark. R. Civ. P. 56(a)). Some judges may impose earlier deadlines in case management orders; always check local practice.

Burden of proof: The moving party bears the initial burden of demonstrating the absence of a genuine dispute of material fact. Once met, the burden shifts to the non-moving party to establish a genuine factual dispute. The court views all evidence and inferences in the light most favorable to the non-moving party.

Partial summary judgment: Arkansas permits partial summary judgment on some claims or affirmative defenses while leaving others for trial. This is common in multi-party or multi-claim litigation.

Opposition deadline: The non-moving party typically has 14 days to file an opposition (Ark. R. Civ. P. 6(b)), though this varies by local rule. Reply briefs must be filed at least 7 days before the hearing.

Supporting materials: Affidavits must be made on personal knowledge and state facts admissible as evidence. Mere conclusory statements do not create a genuine factual dispute.

Motion for Judgment on the Pleadings

Under Ark. R. Civ. P. 12(c), a party may move for judgment on the pleadings after the pleadings are closed (typically after the answer and any reply). This motion resembles a motion to dismiss but is filed after responsive pleadings are complete. It argues that, accepting all well-pleaded allegations as true, one party is entitled to judgment as a matter of law. Motions for judgment on the pleadings succeed rarely and are used when the opposing party's own allegations defeat its claim.

Motion to Compel Discovery

Meet-and-confer requirement: Before filing a motion to compel, Ark. R. Civ. P. 26(f) and Ark. R. Civ. P. 37 require that the moving party make a good-faith effort to resolve the discovery dispute without court intervention. Document this effort in a declaration or affidavit. Courts routinely dismiss motions to compel that lack adequate certification of a meet-and-confer effort.

Procedure: File the motion to compel with the circuit court, attaching:

Fee-shifting: Under Ark. R. Civ. P. 37(a)(4), if a motion to compel is granted, the court must award the moving party's reasonable attorney's fees and costs incurred in making the motion, unless:

This fee-shifting provision is mandatory and differs from federal practice, which permits sanctions discretionarily.

Motion in Limine

Timing: Motions in limine are typically filed before trial, often 14–30 days in advance (check local rules and standing orders). Some judges require a pre-trial conference to address anticipated evidentiary disputes.

Format: File a notice of motion in limine with a supporting brief explaining the legal and factual basis for excluding the evidence.

Common topics:

The trial judge rules on in limine motions before or during trial. Rulings may be revisited if circumstances change (e.g., a witness unexpectedly testifies to excluded facts, opening the door to otherwise inadmissible rebuttal evidence).

Motion for Default Judgment

When a defendant fails to answer or respond within the time required by Ark. R. Civ. P. 12, the plaintiff may seek a default judgment under Ark. R. Civ. P. 55.

Procedure:
1. Serve the defendant with a written notice that the plaintiff intends to seek a default judgment
2. Wait 3 days after service of notice
3. File a motion for default with the circuit court, including an affidavit or declaration showing the defendant's failure to answer

Proving damages: If the defendant does not respond, the court enters default. However, the plaintiff must still prove damages unless the complaint states a liquidated amount (e.g., a note for a specific dollar sum). The court will hold a hearing to determine the extent of damages; default does not automatically establish the plaintiff's claimed amount.

Reopening default: Courts may set aside a default judgment within one year if the defendant shows a meritorious defense and lack of inexcusable neglect (Ark. R. Civ. P. 55(c)). Default judgments are disfavored in Arkansas law, and courts lean toward deciding cases on the merits.

Motion to Amend Complaint

Under Ark. R. Civ. P. 15(a), a party may amend its pleading once as a matter of right within 21 days after service of a responsive pleading (or within 21 days of filing if no response has been served). After that period, amendment requires either written consent of the opposing party or court leave.

Standard for leave to amend: Courts apply a liberal standard, particularly early in litigation. The test focuses on whether allowing the amendment would cause undue prejudice to the opposing party. Factors include:

Relation back doctrine: Under Ark. R. Civ. P. 15(c), an amendment that adds a new defendant relates back to the original complaint if:

Motion for Temporary Restraining Order and Preliminary Injunction

Injunctive relief in Arkansas requires satisfaction of four elements under case law and Ark. R. Civ. P. 65:

1. Likelihood of success on the merits: The plaintiff must demonstrate a substantial likelihood of prevailing on the underlying claim
2. Irreparable harm: The plaintiff must show that monetary damages are inadequate and the threatened injury cannot be fully remedied at trial
3. Balance of equities: The harm to the plaintiff from denial of relief must outweigh the harm to the defendant if relief is granted
4. Public interest: The injunction must not be contrary to the public interest

Temporary restraining order (TRO): A TRO may be issued ex parte (without notice to the opposing party) and lasts no more than 14 days unless extended. To obtain a TRO ex parte, the applicant must show that extraordinary circumstances exist—typically, that the opposing party would be tipped off and would take action to render the order ineffective before notice could be served.

Preliminary injunction: After the TRO expires or upon motion, a preliminary injunction may be issued after notice and hearing. It remains in effect pending trial.

Bond: The court may require the applicant to post a bond to cover losses if the injunction is later found improper.

Motion to Change Venue or Transfer

Under Ark. R. Civ. P. 81 and applicable venue statutes, a defendant may move to transfer venue under circumstances specified in the Arkansas Code. Venue generally lies in the county where:

A motion to transfer must be filed before or with the answer; filing an answer without raising a venue defense may constitute a waiver. The motion must state specific facts supporting the transfer request.

Motion to Consolidate or Sever

Under Ark. R. Civ. P. 42, the court may consolidate separate actions involving common questions of law or fact to promote judicial economy. Either party may move to consolidate; the court may also do so sua sponte.

Conversely, Ark. R. Civ. P. 20 permits the court to sever claims or parties if joinder would prejudice a party's interests or create undue complexity. A motion to sever should address specific prejudice (e.g., confusion, undue delay, or inflammatory evidence tying unrelated claims together).

Motion for Continuance

A motion for continuance requests a postponement of trial or a deadline. Under Ark. R. Civ. P. 6, continuances are within the trial judge's discretion. Grounds include:

Timing: File the motion as soon as the need becomes apparent. Last-minute continuance requests are disfavored and rarely granted unless extraordinary circumstances exist.

Post-Trial Motions

Post-trial motions must generally be filed within 30 days of entry of judgment (Ark. R. Civ. P. 59). Failure to file within this window waives the right to seek post-trial relief (with exceptions for certain circumstances).

Motion for new trial (Ark. R. Civ. P. 59): This motion challenges the verdict based on legal error, newly discovered evidence, excessive/inadequate damages, or other grounds suggesting the verdict is against the weight of the evidence. The trial judge has broad discretion to grant a new trial. No oral argument is automatic; the motion is often decided on the papers.

Motion for judgment notwithstanding the verdict (JNOV) or judgment as a matter of law (Ark. R. Civ. P. 50(b)): This motion argues that no reasonable jury could have rendered the verdict based on the evidence presented. It is rarely granted and requires that the moving party have preserved the issue by moving for directed verdict at trial under Ark. R. Civ. P. 50(a). The standard is whether, viewing all evidence in the light most favorable to the non-moving party (the judgment winner), no rational jury could have reached the verdict.

Motion to alter or amend judgment (Ark. R. Civ. P. 59(e)): This motion (sometimes called a Rule 59(e) motion) requests modification of the judgment based on newly discovered evidence, manifest error, or legal argument not previously considered. It carries a high bar and is typically used for narrow correction of clear mistakes.

All three motions must be filed within 30 days and toll the running of the appellate deadline.

General Motion Practice Requirements

Format and components:

Page and word limits:
Arkansas does not impose strict page limits on briefs, but local court rules often cap memoranda at 15–20 pages (excluding exhibits). Check your circuit court's standing orders or local rules.

Notice and service:
Motions must be served on all parties at least 14 days before the hearing (Ark. R. Civ. P. 6(b)). Service may be by email (if parties agree), hand delivery, or mail. Always file an affidavit or certificate of service.

Filing (e-filing vs. paper):
Most Arkansas circuit courts now use e-filing systems or require electronic service. Paper filing is increasingly disfavored. Check the specific circuit court's website for e-filing procedures. Some rural counties may still accept paper filings; verify in advance.

Opposition and reply deadlines:

Hearing procedures and oral argument:
Unless a local rule specifies otherwise, parties may request oral argument by notation in the motion or opposition brief. Oral argument is not automatic and may be denied for summary motions or if the issues are well-briefed. The trial judge schedules the hearing date and time, which is usually set 30–60 days from the filing date, depending on the judge's docket.

Ex parte motions:
Ex parte motions (filed without notice to the opposing party) are rarely permitted. TROs under Ark. R. Civ. P. 65 are the primary exception. Requests for expedited or emergency relief must demonstrate that irreparable harm will occur if notice is given. Even then, the opposing party has the right to be heard shortly after the ex parte order is entered.

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Key Takeaways