State Court Motion for Summary Judgment - Arkansas

IN THE CIRCUIT COURT OF [________________________________] COUNTY, ARKANSAS

[________________________________] DIVISION

[________________________________],

Plaintiff,

v.

Case No. [________________________________]

[________________________________],

Defendant.

DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

Pursuant to Arkansas Rule of Civil Procedure 56

TABLE OF CONTENTS

I. MOTION FOR SUMMARY JUDGMENT

COMES NOW Defendant [________________________________] ("Defendant" or "Movant"), by and through undersigned counsel, and pursuant to Rule 56 of the Arkansas Rules of Civil Procedure, respectfully moves this Honorable Court for the entry of summary judgment in Defendant's favor and against Plaintiff [________________________________] ("Plaintiff" or "Nonmovant") on all claims asserted in Plaintiff's Complaint.

As set forth in the accompanying Memorandum of Law and Statement of Undisputed Material Facts, there is no genuine issue as to any material fact and Defendant is entitled to judgment as a matter of law. Ark. R. Civ. P. 56(c).

This Motion is supported by the following:

☐ This Motion for Summary Judgment and Brief in Support

☐ Statement of Undisputed Material Facts

☐ Affidavit of [________________________________] with attached exhibits

☐ Affidavit of [________________________________] with attached exhibits

☐ Deposition transcript excerpts of [________________________________]

☐ Exhibits 1 through [____] as identified in the Exhibit Index

☐ All pleadings, depositions, answers to interrogatories, admissions on file, and affidavits

☐ Such further evidence and argument as the Court may permit

WHEREFORE, Defendant respectfully requests that this Court grant summary judgment in Defendant's favor on all counts of the Complaint.

Respectfully submitted,

/s/ [________________________________]
[________________________________] (Ark. Bar No. [________])
[________________________________] (Firm Name)
[________________________________] (Address)
[________________________________] (City, State, ZIP)
[________________________________] (Telephone)
[________________________________] (Facsimile)
[________________________________] (Email)
Counsel for Defendant

II. INTRODUCTION AND STATEMENT OF THE CASE

A. Nature of the Action

This civil action was commenced on [__/__/____] when Plaintiff filed a Complaint in the Circuit Court of [________________________________] County, Arkansas, asserting claims for [________________________________]. The Complaint alleges that Defendant [________________________________].

B. Procedural History

1. Plaintiff filed the Complaint on [__/__/____].

2. Defendant was served on [__/__/____].

3. Defendant filed an Answer and Affirmative Defenses on [__/__/____].

4. [________________________________] (any amended pleadings, counterclaims, cross-claims, or third-party complaints).

5. Discovery commenced on [__/__/____] and was concluded on [__/__/____].

6. The Court entered a scheduling order on [__/__/____] establishing a trial date of [__/__/____].

7. This Motion is timely filed and served at least 10 days before the time fixed for the hearing, as required by Ark. R. Civ. P. 56(c).

C. Summary of Argument

The undisputed material facts establish that Plaintiff cannot prove the essential elements of [his/her/its] claims as a matter of law. Specifically:

1. [________________________________] (first ground for summary judgment);

2. [________________________________] (second ground for summary judgment); and

3. [________________________________] (third ground for summary judgment).

Defendant has established a prima facie entitlement to summary judgment, and Plaintiff cannot meet proof with proof. Summary judgment should be granted under Ark. R. Civ. P. 56(c).

III. STATEMENT OF UNDISPUTED MATERIAL FACTS

Pursuant to Ark. R. Civ. P. 56(c), Defendant submits the following Statement of Undisputed Material Facts. Each numbered fact is stated in a separate paragraph with a pinpoint citation to the supporting evidence authorized by Rule 56(c).

Background and Parties

1. [________________________________]. (Ex. [____], at [____]; Dep. of [________________________________], p. [____]:____-____:____.)

2. [________________________________]. (Ex. [____], ¶ [____].)

3. [________________________________]. (Compl. ¶ [____]; Answer ¶ [____].)

4. [________________________________]. (Aff. of [________________________________], ¶ [____].)

5. [________________________________]. (Dep. of [________________________________], p. [____]:____-____:____.)

Facts Relating to Count I: [________________________________]

6. [________________________________]. (Ex. [____], at [____].)

7. [________________________________]. (Ex. [____], ¶¶ [____]-[____].)

8. [________________________________]. (Dep. of [________________________________], p. [____]:____-____:____.)

9. [________________________________]. (Ex. [____].)

10. [________________________________]. (Pl. Resp. to Interrog. No. [____].)

Facts Relating to Count II: [________________________________]

11. [________________________________]. (Ex. [____], at [____].)

12. [________________________________]. (Ex. [____], ¶ [____].)

13. [________________________________]. (Dep. of [________________________________], p. [____]:____-____:____.)

14. [________________________________]. (Pl. Admissions, Req. No. [____].)

15. [________________________________]. (Ex. [____].)

Facts Relating to Damages

16. [________________________________]. (Ex. [____].)

17. [________________________________]. (Dep. of [________________________________], p. [____]:____-____:____.)

18. [________________________________]. (Aff. of [________________________________], ¶ [____].)

IV. LEGAL STANDARD FOR SUMMARY JUDGMENT

A. Ark. R. Civ. P. 56(c) Standard

Under Ark. R. Civ. P. 56(c), summary judgment shall be entered "if 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."

B. Burden of Proof and the "Proof with Proof" Standard

Arkansas courts apply a well-defined burden-shifting framework for summary judgment motions. The moving party bears the initial burden of making a prima facie showing of entitlement to summary judgment. Flentje v. First National Bank of Wynne, 340 Ark. 563, 569, 11 S.W.3d 531 (2000).

Once the movant establishes a prima facie entitlement to summary judgment by affidavits or other supporting documents, the opposing party must "discard the shielding cloak of formal allegations and meet proof with proof by showing a genuine issue as to a material fact." Flentje, 340 Ark. at 569. The non-moving party may not rely upon general allegations or conclusory statements but must present specific facts demonstrating a genuine dispute.

The Arkansas Supreme Court has stated: "We have ceased referring to summary judgment as a drastic remedy. We will not engage in a 'sufficiency of the evidence' determination." Flentje, 340 Ark. at 569. This reflects the Court's view that summary judgment is a proper procedural device when the requirements of Rule 56 are satisfied.

C. Acceptable Evidence Under Ark. R. Civ. P. 56(c)

The types of evidence that may be considered in ruling on a motion for summary judgment include:

☐ Pleadings

☐ Depositions

☐ Answers to interrogatories

☐ Admissions on file

☐ Affidavits

Evidence must be of the type authorized by Rule 56(c) and must be properly authenticated.

D. Affidavit Requirements Under Ark. R. Civ. P. 56(e)

Supporting and opposing affidavits "shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein." Ark. R. Civ. P. 56(e). Affiants must support their summary judgment testimony not with mere conclusions but with facts that would be admissible at trial.

Sworn or certified copies of all papers or parts thereof referred to in an affidavit shall be attached thereto or served therewith. Ark. R. Civ. P. 56(e).

E. Construction of Evidence

All evidence submitted in connection with a summary judgment motion must be viewed in the light most favorable to the party opposing the motion. However, the court does not try issues of fact on summary judgment; rather, it determines only whether genuine issues of material fact exist.

F. Partial Summary Judgment

Under Ark. R. Civ. P. 56(d), the Court may grant partial summary judgment on specific issues or claims, even if summary judgment on the entire case is not warranted. The Court may determine what material facts are not genuinely in dispute and direct that those facts shall be deemed established for purposes of trial.

V. ARGUMENT

A. Count I: [________________________________] -- Plaintiff Cannot Establish [________________________________]

1. Elements of the Claim Under Arkansas Law

Under Arkansas law, to prevail on a claim for [________________________________], a plaintiff must establish:

(a) [________________________________];

(b) [________________________________];

(c) [________________________________]; and

(d) [________________________________].

See [________________________________] (Ark. [____]); Ark. Code Ann. § [________________________________].

2. Movant's Prima Facie Showing

Defendant has made a prima facie showing of entitlement to summary judgment by identifying evidence demonstrating the absence of a genuine issue of material fact as to [________________________________]:

[________________________________]. (SUMF ¶¶ [____]-[____]; Ex. [____].)

[________________________________]. (SUMF ¶¶ [____]-[____]; Dep. of [________________________________], p. [____]:____-____:____.)

This evidence demonstrates that Plaintiff lacks proof of the essential element of [________________________________].

3. Plaintiff Cannot Meet Proof with Proof

Having established its prima facie case, the burden shifts to Plaintiff to "meet proof with proof." Flentje v. First National Bank of Wynne, 340 Ark. at 569. The record is devoid of competent evidence from which a reasonable factfinder could conclude that [________________________________].

[________________________________]. (SUMF ¶¶ [____]-[____].)

Because Plaintiff cannot raise a genuine issue for trial, summary judgment on Count I is warranted.

B. Count II: [________________________________] -- Plaintiff's Claim Fails as a Matter of Law

1. Elements of the Claim

To establish a cause of action for [________________________________] under Arkansas law, a plaintiff must prove:

(a) [________________________________];

(b) [________________________________];

(c) [________________________________]; and

(d) [________________________________].

See [________________________________] (Ark. [____]).

2. Application to Undisputed Facts

The undisputed evidence demonstrates that [________________________________]. (SUMF ¶¶ [____]-[____].)

Specifically, [________________________________]. No evidence in the record supports a finding that [________________________________].

3. Statute of Limitations Defense

Alternatively, Plaintiff's claim is barred by the applicable statute of limitations. Under Ark. Code Ann. § 16-56-105, the general limitations period for [________________________________] actions is [____] years. Under Ark. Code Ann. § 16-56-111, the limitations period for [________________________________] contract actions is [____] years. The alleged conduct occurred on or before [__/__/____] (SUMF ¶ [____]), yet this action was not filed until [__/__/____], beyond the statutory period.

C. Count III: [________________________________] (If Applicable)

1. Legal Standard

[________________________________]

2. Application to Undisputed Facts

[________________________________]. (SUMF ¶¶ [____]-[____].)

D. Plaintiff Cannot Establish Compensable Damages

Even assuming Plaintiff could establish liability, the undisputed evidence demonstrates that Plaintiff has failed to present competent proof of damages. [________________________________]. (SUMF ¶¶ [____]-[____].)

Under Arkansas law, a plaintiff bears the burden of proving damages with reasonable certainty, and speculative or conjectural damages are not recoverable. See [________________________________] (Ark. [____]). This independently warrants summary judgment.

VI. RESPONSE TO ANTICIPATED OPPOSITION

A. Plaintiff Cannot Rest on Formal Allegations

Plaintiff may attempt to defeat this Motion by relying on the allegations of the Complaint. However, once the movant makes a prima facie showing of entitlement to summary judgment, the opposing party must "discard the shielding cloak of formal allegations and meet proof with proof." Flentje, 340 Ark. at 569; Ark. R. Civ. P. 56(e). Bare allegations and conclusory statements are insufficient to create a genuine issue for trial.

B. Inadmissible Evidence Cannot Defeat Summary Judgment

Should Plaintiff submit evidence in opposition, that evidence must be of the type authorized by Ark. R. Civ. P. 56(c) and must comply with the affidavit requirements of Rule 56(e). Affidavits based on conclusions rather than admissible facts, or that fail to demonstrate the affiant's personal knowledge, are insufficient. Ark. R. Civ. P. 56(e).

C. A Rule 56(f) Continuance Is Not Warranted

If Plaintiff seeks additional time under Ark. R. Civ. P. 56(f), claiming inability to present facts essential to its opposition, such a request should be denied because:

1. Discovery has closed and Plaintiff had ample opportunity to develop its case;

2. Plaintiff has not identified specific facts that additional discovery would reveal; and

3. A Rule 56(f) motion requires an affidavit demonstrating the reasons the party cannot present essential facts. Ark. R. Civ. P. 56(f).

D. Immaterial Factual Disputes Do Not Preclude Summary Judgment

Plaintiff may identify factual disputes that are not material to the resolution of any claim. Only disputes concerning material facts -- those that might affect the outcome of the case under the governing substantive law -- preclude summary judgment under Ark. R. Civ. P. 56(c).

VII. CONCLUSION AND PRAYER FOR RELIEF

For the foregoing reasons, there is no genuine issue as to any material fact and Defendant is entitled to judgment as a matter of law on all claims asserted in Plaintiff's Complaint.

WHEREFORE, Defendant respectfully requests that this Honorable Court:

1. GRANT this Motion for Summary Judgment in its entirety;

2. ENTER judgment in favor of Defendant and against Plaintiff on all counts of the Complaint;

3. DISMISS all claims against Defendant with prejudice;

4. TAX all allowable costs against Plaintiff;

5. ENTER final judgment pursuant to Ark. R. Civ. P. 54(b), if applicable; and

6. GRANT such other and further relief as the Court deems just and proper.

Respectfully submitted this [____] day of [________________________________], 20[____].

/s/ [________________________________]
[________________________________] (Ark. Bar No. [________])
[________________________________] (Firm Name)
[________________________________] (Address)
[________________________________] (City, State, ZIP)
[________________________________] (Telephone)
[________________________________] (Facsimile)
[________________________________] (Email)
Counsel for Defendant

VIII. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I electronically filed the foregoing Motion for Summary Judgment, Statement of Undisputed Material Facts, Brief in Support, and all supporting exhibits (Exhibits 1 through [____]) with the Clerk of the Court using the Arkansas E-Filing system, which will send notice of such filing to all counsel of record.

☐ Electronic filing through the Arkansas Judiciary E-Filing system

☐ First-class United States Mail, postage prepaid

☐ Hand delivery

☐ Certified mail, return receipt requested

☐ Facsimile transmission to [________________________________]

☐ Email (by agreement of counsel) to [________________________________]

as authorized by Ark. R. Civ. P. 5(b).

Served upon:

[________________________________]
[________________________________] (Firm Name)
[________________________________] (Address)
[________________________________] (City, State, ZIP)
[________________________________] (Telephone)
[________________________________] (Email)
Counsel for Plaintiff

/s/ [________________________________]
[________________________________] (Ark. Bar No. [________])

IX. PROPOSED ORDER

IN THE CIRCUIT COURT OF [________________________________] COUNTY, ARKANSAS

[________________________________] DIVISION

[________________________________], Plaintiff,

v.

Case No. [________________________________]

[________________________________], Defendant.

ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

This matter came before the Court upon Defendant's Motion for Summary Judgment filed pursuant to Ark. R. Civ. P. 56. The Court has considered the Motion, the Brief in Support, the Statement of Undisputed Material Facts, all supporting exhibits, any response filed by Plaintiff, any reply, and the arguments of counsel.

THE COURT FINDS that:

1. There is no genuine issue as to any material fact;

2. Defendant is entitled to judgment as a matter of law;

3. The pleadings, depositions, answers to interrogatories, admissions on file, and affidavits demonstrate that [________________________________]; and

4. [________________________________] (additional findings as appropriate).

IT IS THEREFORE ORDERED that:

1. Defendant's Motion for Summary Judgment is GRANTED.

2. Judgment is entered in favor of Defendant [________________________________] and against Plaintiff [________________________________] on all counts of the Complaint.

3. All claims against Defendant are DISMISSED WITH PREJUDICE.

4. Costs are taxed to Plaintiff.

5. [________________________________] (any additional relief).

IT IS SO ORDERED.

Date: [__/__/____]

_______________________________________________
Honorable [________________________________]
Circuit Judge, [________________________________] County, Arkansas

X. SEPARATE STATEMENT OF UNDISPUTED FACTS

Note: Some Arkansas circuit courts and individual judges require a separately filed Statement of Undisputed Material Facts. If required by local rule or standing order, file this section as a standalone document.

IN THE CIRCUIT COURT OF [________________________________] COUNTY, ARKANSAS

[________________________________], Plaintiff, v. [________________________________], Defendant.

Case No. [________________________________]

DEFENDANT'S SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS

Pursuant to Ark. R. Civ. P. 56(c), Defendant submits the following Separate Statement of Undisputed Material Facts in support of its Motion for Summary Judgment. Each fact is stated in a separate numbered paragraph with pinpoint citation to the supporting evidence.

XI. PRACTICE NOTES

A. Filing and Service Deadlines

☐ Service Requirement: The motion must be served at least 10 days before the time fixed for the hearing. Ark. R. Civ. P. 56(c).

☐ Response Deadline: The adverse party shall serve a response and supporting materials within 21 days after the motion is served. Ark. R. Civ. P. 56(c).

☐ Reply Deadline: The moving party may serve a reply and supporting materials within 14 days after the response is served. Ark. R. Civ. P. 56(c).

☐ Claimant's Motion: A party seeking to recover may move for summary judgment at any time after the adverse party has been served. Ark. R. Civ. P. 56(a).

☐ Defending Party's Motion: A party against whom a claim is asserted may move for summary judgment at any time. Ark. R. Civ. P. 56(b).

☐ Scheduling Order: Always confirm the dispositive motion deadline in the Court's scheduling order.

B. Local Rule Variations

☐ Arkansas does not have a unified set of local rules across all circuit courts. Each judicial circuit and individual judge may have standing orders with specific requirements.

☐ Separate Statement of Facts: Some divisions require a separately filed statement of undisputed facts. Confirm with the clerk or the judge's standing orders.

☐ Page/Word Limits: Check whether the specific circuit or judge imposes limits on the length of summary judgment briefing.

☐ Proposed Order: Many Arkansas judges require a proposed order to be submitted with the motion. Some require it in editable (Word) format.

☐ Always review the presiding judge's standing orders before filing.

C. Hearing Requirements

☐ Ark. R. Civ. P. 56(c) contemplates that the hearing may be held at a time fixed by the court.

☐ File a separate Notice of Hearing if required by local practice.

☐ Contact the clerk or judge's administrative assistant to schedule the hearing date.

☐ Some Arkansas judges rule on summary judgment motions without oral argument based on the briefs alone. Confirm local practice.

D. Evidence and Exhibit Requirements

☐ All supporting evidence must be of the types enumerated in Ark. R. Civ. P. 56(c): pleadings, depositions, answers to interrogatories, admissions on file, and affidavits.

☐ Affidavits must comply with Ark. R. Civ. P. 56(e) -- made on personal knowledge, setting forth admissible facts, with verification language.

☐ Attach consecutively numbered exhibits with pinpoint citations.

☐ Deposition transcript excerpts should include the title page, relevant pages, and the reporter's certification.

☐ Unauthenticated documents require a properly framed affidavit authenticating them.

E. E-Filing Requirements

☐ Arkansas courts use the Arkansas E-Filing system for electronic filing in many circuits.

☐ For paper filings, add a conventional service statement and sign in ink.

☐ Confirm whether the specific circuit court accepts e-filing or requires paper filing.

☐ Ensure all exhibits are properly formatted as separate PDF attachments where required.

F. Verification and Briefing Schedule

☐ Confirm whether the division requires a separate verification.

☐ If a briefing schedule is not set by rule, request one from the Court if needed.

☐ Ensure compliance with all applicable time computation rules under Ark. R. Civ. P. 6.

SOURCES AND REFERENCES

• Ark. R. Civ. P. 56 (Summary Judgment) -- https://www.arcourts.gov
• Flentje v. First National Bank of Wynne, 340 Ark. 563, 11 S.W.3d 531 (2000) (burden-shifting; "meet proof with proof"; summary judgment no longer a "drastic remedy")
• Summary Judgment Practice in Arkansas -- https://lawrepository.ualr.edu/cgi/viewcontent.cgi?article=1788&context=lawreview
• Ark. Code Ann. § 16-56-105 (General Statute of Limitations)
• Ark. Code Ann. § 16-56-111 (Contract Actions Limitations)
• Arkansas Judiciary -- https://www.arcourts.gov