IN THE CIRCUIT COURT OF [COUNTY] COUNTY, ARKANSAS

[CIVIL / PROBATE / OTHER] DIVISION
CASE NO. [_]

[PLAINTIFF NAME],
  Plaintiff,

v.

[DEFENDANT NAME],
  Defendant.

DEFENDANT’S MOTION TO DISMISS

[Ark. R. Civ. P. 12(b)]

TABLE OF CONTENTS

1. Preliminary Statement..................................................... 2
2. Procedural Posture....................................................... 2
3. Applicable Standard of Review............................................ 3
4. Grounds for Dismissal.................................................... 3
    4.1 Lack of Subject-Matter Jurisdiction (Rule 12(b)(1)).................... 3
    4.2 Lack of Personal Jurisdiction (Rule 12(b)(2)).......................... 4
    4.3 Insufficiency of Process / Service (Rules 12(b)(4)–(5))................ 5
    4.4 Failure to State Facts Upon Which Relief Can Be Granted (Rule 12(b)(6)) 6
    4.5 Failure to Join a Required Party (Rule 12(b)(7))....................... 7
5. Request for Oral Argument................................................ 8
6. Prayer for Relief........................................................ 8
7. Rule 11 Certification..................................................... 9
8. Certificate of Service................................................... 9

1. PRELIMINARY STATEMENT

Defendant [DEFENDANT NAME] (“Defendant”) respectfully moves this Court, pursuant to Ark. R. Civ. P. 12(b), to dismiss the Complaint filed by Plaintiff [PLAINTIFF NAME] (“Plaintiff”) in its entirety and with prejudice. As set forth more fully below, multiple independent grounds require dismissal.

[// GUIDANCE: Use this section to provide a concise overview (≤ 1 page) tailored to the facts of your case. Courts appreciate a clear, non-argumentative roadmap.]

2. PROCEDURAL POSTURE

1. Plaintiff filed the Complaint on [DATE] asserting claims for [LIST CLAIMS].
2. Service of the Summons and Complaint was purportedly effected on [DATE].
3. No responsive pleading has been filed; this Motion is timely under Ark. R. Civ. P. 12(a).

3. APPLICABLE STANDARD OF REVIEW

A motion to dismiss under Ark. R. Civ. P. 12(b) tests the legal sufficiency of the pleadings. In evaluating a Rule 12(b)(6) motion, the Court accepts well-pleaded factual allegations as true but need not accept conclusory statements or legal conclusions. Ark. R. Civ. P. 12(b)(1)–(7) challenges are resolved on the pleadings or, where jurisdictional facts are controverted, on competent evidence submitted by the parties.

[// GUIDANCE: Add any local rule citations if the judicial district has adopted them. Avoid case citations per policy.]

4. GROUNDS FOR DISMISSAL

4.1 Lack of Subject-Matter Jurisdiction – Rule 12(b)(1)

1. Arkansas circuit courts are courts of general jurisdiction but lack authority over matters exclusively committed to federal courts or administrative agencies.
2. Plaintiff’s claim under [SPECIFY STATUTE] falls within exclusive federal jurisdiction; accordingly, this Court must dismiss for want of subject-matter jurisdiction.
3. Alternatively, Plaintiff lacks standing because [EXPLAIN], depriving the Court of constitutional authority to proceed.

4.2 Lack of Personal Jurisdiction – Rule 12(b)(2)

1. The Arkansas long-arm statute, Ark. Code Ann. § 16-4-101, extends jurisdiction to the limits of due process.
2. Defendant is a [STATE] corporation with no employees, offices, or substantial contacts in Arkansas.
3. Plaintiff’s claims do not arise out of or relate to any act by Defendant purposefully directed toward Arkansas; thus, exercising jurisdiction would offend traditional notions of fair play and substantial justice.

4.3 Insufficiency of Process / Service – Rules 12(b)(4)–(5)

1. Plaintiff attempted service by [METHOD].
2. Ark. R. Civ. P. 4 sets forth mandatory service requirements; Plaintiff failed to [e.g., attach complaint / use authorized process server / obtain signed receipt], rendering both the process and service defective.
3. Defective service deprives the Court of personal jurisdiction, mandating dismissal without prejudice.

4.4 Failure to State Facts Upon Which Relief Can Be Granted – Rule 12(b)(6)

1. The Complaint’s [COUNT NUMBER] fails to plead facts establishing the essential elements of [CAUSE OF ACTION], such as [ELEMENTS].
2. Conclusory allegations that Defendant “wrongfully” or “negligently” acted are insufficient.
3. Because amendment would be futile, dismissal should be with prejudice.

4.5 Failure to Join a Required Party – Rule 12(b)(7)

1. Ark. R. Civ. P. 19(a) requires joinder of parties necessary for complete relief.
2. [NON-PARTY NAME] claims an interest relating to the subject matter of this action and disposition in its absence may impair or impede its ability to protect that interest.
3. Joinder is not feasible because [JURISDICTIONAL / IMMUNITY BARRIER]; therefore, the action must be dismissed.

5. REQUEST FOR ORAL ARGUMENT

Pursuant to Ark. R. Civ. P. 7(b)(1), Defendant requests oral argument. Oral presentation will aid the Court in addressing complex jurisdictional and Rule 12 issues.

[// GUIDANCE: Check local rules—many Arkansas circuits require a separate notice of hearing. Insert hearing date placeholder if court pre-sets dockets.]

6. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that the Court:
a. Grant this Motion;
b. Dismiss Plaintiff’s Complaint in its entirety [with prejudice / without prejudice as appropriate];
c. Award Defendant its costs and such other relief as the Court deems just and proper.

7. RULE 11 CERTIFICATION

Pursuant to Ark. R. Civ. P. 11, undersigned counsel certifies that, after reasonable inquiry, the foregoing Motion is well-grounded in fact and warranted by existing law or a good-faith argument for its extension, modification, or reversal; and that it is not interposed for any improper purpose.

8. CERTIFICATE OF SERVICE

I hereby certify that on this ___ day of ____, 20__, I caused a true and correct copy of the foregoing Motion to Dismiss to be served upon all counsel of record via [E-FILING SYSTEM / HAND DELIVERY / CERTIFIED MAIL] in accordance with Ark. R. Civ. P. 5.

[ATTORNEY SIGNATURE BLOCK]

[ATTORNEY NAME] (Bar No. ______)
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Counsel for Defendant

EXHIBIT A – PROPOSED ORDER

text
IN THE CIRCUIT COURT OF [COUNTY] COUNTY, ARKANSAS
[CIVIL] DIVISION
CASE NO. [_]

[PLAINTIFF NAME] PLAINTIFF
v.
[DEFENDANT NAME] DEFENDANT

ORDER GRANTING MOTION TO DISMISS

Before the Court is Defendant’s Motion to Dismiss filed on ____, 20__.
For good cause shown and pursuant to Ark. R. Civ. P. 12(b), the Motion is GRANTED.

IT IS THEREFORE ORDERED that Plaintiff’s Complaint is hereby DISMISSED
[WITH / WITHOUT] PREJUDICE. All pending motions are MOOT.
IT IS SO ORDERED this ___ day of ____, 20__.

JUDGE [NAME]

[// GUIDANCE:
1. Briefing Schedule – Arkansas Rules do not prescribe uniform response times for dispositive motions. Confirm any local rule (e.g., Pulaski Cty. Cir. Ct. Local R. 6 provides 14 days for responses) or draft an agreed briefing order.
2. Page Limits – Arkansas circuit courts generally follow Ark. Sup. Ct. R. 4-2 for appellate briefs only; check whether your judge imposes limits.
3. Oral Argument – If the court requires a separate notice of hearing, file concurrently.
4. Exhibits – Attach evidentiary materials (affidavits, certified records) that support jurisdictional challenges; label sequentially (Ex. B, Ex. C, etc.).
5. Electronic Filing – Most circuits use Contexte. Insert the E-Flex header as required.
]