IN THE CIRCUIT COURT OF [________________________________] COUNTY, ARKANSAS

[____] DIVISION

[________________________________],
Plaintiff,

v.

[________________________________],
Defendant.

Case No.: [________________________________]

DEFENDANT'S MOTION TO DISMISS

INTRODUCTION

COMES NOW Defendant [________________________________] ("Defendant"), by and through undersigned counsel, and pursuant to Rule 12(b) of the Arkansas Rules of Civil Procedure, respectfully moves this Court for an Order dismissing the Complaint filed by Plaintiff [________________________________] ("Plaintiff") in its entirety, with prejudice, for the following reasons:

GROUNDS FOR DISMISSAL

Defendant moves to dismiss this action on the following grounds (check all that apply):

☐ Ground 1 – Lack of Subject Matter Jurisdiction [Ark. R. Civ. P. 12(b)(1)]
This Court lacks jurisdiction over the subject matter of this action because [________________________________].

☐ Ground 2 – Lack of Personal Jurisdiction [Ark. R. Civ. P. 12(b)(2)]
This Court lacks jurisdiction over the person of Defendant because Defendant lacks sufficient contacts with Arkansas to satisfy due process requirements. [________________________________].

☐ Ground 3 – Improper Venue [Ark. R. Civ. P. 12(b)(3)]
Venue is improper in [________________________________] County. Proper venue lies in [________________________________] pursuant to Ark. Code Ann. § [________________________________].

☐ Ground 4 – Insufficiency of Process [Ark. R. Civ. P. 12(b)(4)]
The process issued in this action is insufficient because [________________________________].

☐ Ground 5 – Insufficiency of Service of Process [Ark. R. Civ. P. 12(b)(5)]
Service of process was insufficient because [________________________________].

☐ Ground 6 – Failure to State a Claim [Ark. R. Civ. P. 12(b)(6)]
The Complaint fails to state facts showing that Plaintiff is entitled to relief. Under Arkansas's fact pleading standard, the Complaint must allege specific facts — not mere legal conclusions — sufficient to demonstrate each element of each cause of action.

☐ Ground 7 – Failure to Join Indispensable Party [Ark. R. Civ. P. 12(b)(7)]
Plaintiff has failed to join [________________________________], a party required under Ark. R. Civ. P. 19, whose joinder is necessary because [________________________________].

☐ Ground 8 – Statute of Limitations
Plaintiff's claims are barred by the applicable statute of limitations under Ark. Code Ann. § [________________________________], which provides a [____]-year limitations period. The cause of action accrued on or about [__/__/____], and the Complaint was not filed until [__/__/____].

☐ Ground 9 – Res Judicata / Claim Preclusion
Plaintiff's claims are barred by res judicata. A prior final judgment on the merits was entered in Case No. [________________________________] between the same parties concerning the same cause of action.

☐ Ground 10 – Collateral Estoppel / Issue Preclusion
Issues essential to Plaintiff's claims were previously litigated and decided against Plaintiff in Case No. [________________________________].

☐ Ground 11 – Lack of Standing
Plaintiff lacks standing to bring this action because [________________________________].

☐ Ground 12 – Immunity / Sovereign Immunity
Defendant is immune from suit pursuant to [Ark. Code Ann. § ________________________________] because [________________________________].

☐ Ground 13 – Arkansas Civil Rights Act / Statutory Defense
[________________________________].

☐ Ground 14 – Other
[________________________________].

PROCEDURAL BACKGROUND

1. On or about [__/__/____], Plaintiff filed this Complaint in the [________________________________] County Circuit Court, [____] Division.

2. Defendant was purportedly served with the Summons and Complaint on [__/__/____].

3. Under Ark. R. Civ. P. 12(a), a defendant residing in Arkansas must file an answer within 20 days after service. A non-resident defendant has 30 days to answer. A defendant served by published warning order under Rule 4(f) has 30 days from the date of first publication. A defendant who is incarcerated has 60 days to answer.

4. This Motion is timely filed before Defendant's answer deadline of [__/__/____], as required by Ark. R. Civ. P. 12(b).

5. [Additional relevant procedural history:]
   [________________________________]

MEMORANDUM OF LAW IN SUPPORT OF MOTION TO DISMISS

I. INTRODUCTION

[Provide a brief, concise introduction summarizing the argument.]

[________________________________]
[________________________________]

II. LEGAL STANDARD

A. Arkansas's Fact Pleading Standard — A Critical Distinction

Arkansas does not follow federal notice pleading. Arkansas Rule of Civil Procedure 8(a)(1) requires that a pleading setting forth a claim for relief contain "a statement in ordinary and concise language of facts showing that the pleader is entitled to relief." (Emphasis added.)

Unlike the federal Twombly/Iqbal standard, Arkansas applies a fact pleading standard: the complaint must allege specific, underlying facts — not mere legal conclusions — that demonstrate each element of the claim. Wal-Mart Stores, Inc. v. Regions Bank Trust Dept., 347 Ark. 825, 69 S.W.3d 20 (2002); Doe v. Baum, 348 Ark. 259, 72 S.W.3d 476 (2002).

Under Ark. R. Civ. P. 12(b)(6), a motion to dismiss for failure to state a claim tests whether the complaint alleges sufficient facts. The court treats the facts alleged in the complaint as true and views them in the light most favorable to the plaintiff. Lupo v. Lineberger, 313 Ark. 315, 855 S.W.2d 293 (1993).

Key principle: The court looks only to the four corners of the complaint. Matters outside the complaint may not be considered on a 12(b)(6) motion; if they are, the motion must be converted to one for summary judgment under Ark. R. Civ. P. 56. Morrison v. Jennings, 2015 Ark. 307.

However, the court is not required to accept legal conclusions unsupported by factual allegations. Smith v. Davis, 324 Ark. 553, 921 S.W.2d 918 (1996).

B. Standard Under Ark. R. Civ. P. 12(b)(1) — Subject Matter Jurisdiction

A challenge to subject matter jurisdiction may be raised at any time. The burden of establishing jurisdiction rests on the party asserting it. Arkansas circuit courts are courts of general jurisdiction under Ark. Const. amend. 80, § 6, but jurisdiction may be limited by statute or constitutional provision.

C. Standard Under Ark. R. Civ. P. 12(b)(2) — Personal Jurisdiction

The plaintiff bears the burden of making a prima facie showing of personal jurisdiction. The Court's jurisdiction over non-residents is governed by Arkansas's long-arm statute, Ark. Code Ann. § 16-4-101, which extends to the maximum extent permitted by federal due process. Jurisdiction must satisfy both the statutory and constitutional requirements. Nucor Corp. v. Kilman, 358 Ark. 107, 186 S.W.3d 720 (2004).

III. ARGUMENT

A. [SUBJECT MATTER JURISDICTION — complete if applicable]

This Court lacks subject matter jurisdiction because [________________________________].

[Cite applicable statute or constitutional provision limiting jurisdiction.] Here, [________________________________].

The Arkansas Supreme Court has held that [cite relevant case]. Because this Court lacks authority to adjudicate this matter, it must be dismissed pursuant to Ark. R. Civ. P. 12(b)(1).

B. [PERSONAL JURISDICTION — complete if applicable]

This Court lacks personal jurisdiction over Defendant. Defendant is [a non-resident individual / a foreign corporation organized under the laws of] [________________________________] with its principal place of business in [________________________________].

Under Ark. Code Ann. § 16-4-101(b) (the Arkansas long-arm statute), personal jurisdiction extends to non-residents who, among other bases:

• Transact any business in this state;
• Contract to supply services or things in this state;
• Cause tortious injury by an act or omission in this state; or
• Have some other basis permitted by due process.

None of those bases applies here because:

1. Defendant does not transact business in Arkansas.
2. The events giving rise to Plaintiff's claims occurred entirely in [________________________________], not in Arkansas.
3. Defendant has not purposefully directed its activities toward Arkansas residents.

Because Defendant lacks the minimum contacts necessary for personal jurisdiction, dismissal is required under Ark. R. Civ. P. 12(b)(2). International Shoe Co. v. Washington, 326 U.S. 310 (1945).

C. [IMPROPER VENUE — complete if applicable]

Venue is improper in [________________________________] County. Under Ark. Code Ann. § 16-60-101 (general venue statute) or § [________________________________], the proper venue for this type of action is [________________________________] County because [________________________________].

[Explain the basis for proper venue and why current venue is improper.] This action should be dismissed or transferred pursuant to Ark. R. Civ. P. 12(b)(3).

D. [INSUFFICIENCY OF PROCESS / SERVICE — complete if applicable]

Plaintiff failed to properly serve the Summons and Complaint as required by Ark. R. Civ. P. 4. The specific deficiencies are:

☐ The summons did not comply with Ark. R. Civ. P. 4(b) in that it [________________________________].

☐ Service was not effectuated on a proper person or in a proper manner. Specifically, [________________________________].

☐ Service was not accomplished within 120 days of filing as required by Ark. R. Civ. P. 4(i).

☐ Other: [________________________________].

Because service of process is a prerequisite to the Court's jurisdiction over Defendant, the Complaint must be dismissed pursuant to Ark. R. Civ. P. 12(b)(4) and/or 12(b)(5).

E. [FAILURE TO STATE A CLAIM — complete if applicable]

The Complaint fails to satisfy Arkansas's fact pleading standard under Ark. R. Civ. P. 8(a)(1) and must be dismissed pursuant to Ark. R. Civ. P. 12(b)(6).

Count [____]: [Name of Cause of Action]

To establish a claim for [cause of action] under Arkansas law, a plaintiff must allege and prove: (1) [element]; (2) [element]; (3) [element]; and (4) [element]. [Case citation], [____] Ark. [____], [____] S.W.[____] [____] ([____]).

The Complaint fails to allege sufficient facts — as opposed to bare legal conclusions — to support this claim:

1. Failure to Allege [Element]: The Complaint states only that "[direct quote from complaint]." This is a legal conclusion, not a statement of facts. Arkansas fact pleading requires Plaintiff to allege specific facts showing [________________________________]. Wal-Mart Stores, 347 Ark. at [____].

2. Failure to Allege [Element]: The Complaint does not allege [________________________________], an essential element of [cause of action]. Without this allegation, the claim is fatally deficient.

3. [Additional deficiency]: [________________________________].

[Repeat for each count.]

Because the Complaint fails to state facts demonstrating Plaintiff's entitlement to relief on [any / these specific] claim(s), dismissal is required under Ark. R. Civ. P. 12(b)(6).

F. [STATUTE OF LIMITATIONS — complete if applicable]

Plaintiff's claims are barred by the applicable statute of limitations. Under Ark. Code Ann. § [________________________________], actions for [type of claim] must be commenced within [____] years after the cause of action accrues.

Plaintiff's cause of action accrued on [__/__/____] when [describe accrual event]. [Cite Arkansas accrual case]. The limitations period therefore expired on [__/__/____]. Plaintiff did not file this action until [__/__/____], which is [____] days / months after the limitations period expired.

No tolling doctrine saves Plaintiff's claims because:

☐ The discovery rule does not apply because [________________________________].
☐ Fraudulent concealment is not alleged because [________________________________].
☐ No statutory tolling provision applies because [________________________________].

Accordingly, all claims are time-barred and must be dismissed with prejudice.

IV. CONCLUSION

For the foregoing reasons, Defendant [________________________________] respectfully requests that this Court grant this Motion to Dismiss and enter an Order:

1. Dismissing Plaintiff's Complaint in its entirety, with prejudice;

2. ☐ Alternatively, if the Court does not dismiss with prejudice, dismissing without prejudice with leave to replead to comply with Arkansas fact pleading requirements;

3. ☐ Transferring this action to [________________________________] County where venue is proper;

4. Awarding Defendant its costs and such other relief as this Court deems just and proper.

REQUEST FOR ORAL ARGUMENT

☐ Defendant requests oral argument on this Motion. Estimated time: [____] minutes per side.

☐ Defendant does not request oral argument and rests on the briefs.

PRAYER FOR RELIEF

WHEREFORE, Defendant [________________________________] prays for an Order granting this Motion to Dismiss, dismissing Plaintiff's Complaint with prejudice, awarding Defendant its costs, and for all other just and proper relief.

Respectfully submitted,

Dated: [__/__/____]

[________________________________]
[________________________________] (Ark. Bar No. [________________________________])
[________________________________]
[________________________________]
[________________________________], Arkansas [____]
Telephone: ([____]) [____]-[____]
Facsimile: ([____]) [____]-[____]
Email: [________________________________]
Attorney for Defendant [________________________________]

CERTIFICATE OF SERVICE

I, [________________________________], hereby certify that on [__/__/____], I served the foregoing DEFENDANT'S MOTION TO DISMISS and Memorandum of Law upon the following parties by the method indicated:

[________________________________]
[________________________________]
[________________________________]
[________________________________]

☐ Electronic Service via Arkansas e-filing system (ArkansasCourts.gov) — the system will electronically notify all registered users.

☐ U.S. Mail, First Class, postage prepaid.

☐ Hand Delivery.

☐ Electronic Mail (with consent): [________________________________]

☐ Facsimile: ([____]) [____]-[____]

[________________________________]
[Signature]

[________________________________]
[Print Name]

FILING NOTES AND INSTRUCTIONS

Filing Deadline: Under Ark. R. Civ. P. 12(b), this Motion must be filed before the answer deadline:
- Arkansas resident defendant: 20 days after service
- Non-resident defendant: 30 days after service
- Defendant served by published warning order: 30 days from first publication
- Incarcerated defendant: 60 days after service

Critical — Arkansas Fact Pleading: Unlike most states and federal courts, Arkansas requires fact pleading, not notice pleading. Ark. R. Civ. P. 8(a)(1). A 12(b)(6) motion in Arkansas must demonstrate that the complaint fails to allege specific facts — not merely legal conclusions — supporting each element. This is a higher standard for the plaintiff than the federal notice pleading standard.

Tolling Effect: Service of this Motion tolls the obligation to file an answer. If denied or deferred, the answer is due within 10 days after notice of the Court's ruling. Ark. R. Civ. P. 12(a).

Conversion to Summary Judgment: If matters outside the pleadings are presented on a 12(b)(6) motion and not excluded, the motion must be treated as a motion for summary judgment under Ark. R. Civ. P. 56. Ark. R. Civ. P. 12(b).

E-Filing: Arkansas state courts use the Arkansas Courts e-filing system. Visit https://www.arcourts.gov/ for current e-filing requirements.

Waiver: Defenses of personal jurisdiction (12(b)(2)), improper venue (12(b)(3)), insufficiency of process (12(b)(4)), and insufficiency of service (12(b)(5)) are waived if not raised in the first responsive motion or pleading. Ark. R. Civ. P. 12(h). Subject matter jurisdiction (12(b)(1)) can never be waived.

Sources and References:
- Arkansas Courts: https://www.arcourts.gov/
- Arkansas Code Annotated (Justia): https://law.justia.com/codes/arkansas/
- Arkansas Rules of Civil Procedure (vLex 2025 Edition): https://us.vlex.com/source/41036/