State Court Motion to Dismiss

DEFENDANT'S MOTION TO DISMISS

(State of Arkansas — Circuit Court)

TABLE OF CONTENTS

1. Caption
2. Notice of Motion and Hearing
3. Motion to Dismiss

4. Memorandum of Law in Support
   4.1 Procedural Posture
   4.2 Statement of Facts
   4.3 Legal Standards
   4.4 Argument

5. Request for Oral Argument

6. Prayer for Relief
7. Rule 11 Certification
8. Certificate of Service
9. Exhibit A — Proposed Order

1. CAPTION

IN THE CIRCUIT COURT OF [________________] COUNTY, ARKANSAS
[CIVIL / PROBATE / OTHER] DIVISION

[PLAINTIFF NAME], Plaintiff,

v. — Case No. [________________]

[DEFENDANT NAME], Defendant.

Hearing Date: [________________]
Hearing Time: [________________]
Courtroom: [________________]
Judge: Hon. [________________]

2. NOTICE OF MOTION AND HEARING

TO: ALL PARTIES AND THEIR ATTORNEYS OF RECORD

PLEASE TAKE NOTICE that on [Hearing Date] at [Hearing Time], or as soon thereafter as the matter may be heard, in [Courtroom] of the above-entitled court, located at [Courthouse Address, City, Arkansas], before the Honorable [Judge Name], Defendant [Defendant Name] ("Defendant") will, and hereby does, move this Court for an order dismissing the [Complaint / Amended Complaint] (the "Complaint") filed by Plaintiff [Plaintiff Name] ("Plaintiff") pursuant to Ark. R. Civ. P. 12(b), on the following grounds:

1. Lack of subject-matter jurisdiction (Rule 12(b)(1));
2. Lack of personal jurisdiction (Rule 12(b)(2));
3. Improper venue (Rule 12(b)(3));
4. Insufficiency of process (Rule 12(b)(4));
5. Insufficiency of service of process (Rule 12(b)(5));
6. Failure to state facts upon which relief can be granted (Rule 12(b)(6)); and/or
7. Failure to join an indispensable party (Rule 12(b)(7)).

The motion is based on this Notice, the accompanying Memorandum of Law, the pleadings and records on file in this action, and any further evidence or argument that may be presented at or before the hearing.

DATED: [________________]

Respectfully submitted,

[FIRM NAME]

By: ______________________________
[ATTORNEY NAME]
[ARKANSAS BAR NO. ________________]
[FIRM ADDRESS]
[CITY, STATE ZIP]
[TELEPHONE] | [EMAIL]
Attorneys for Defendant [Defendant Name]

3. MOTION TO DISMISS

Defendant [Defendant Name] ("Defendant"), by and through undersigned counsel, respectfully moves this Court pursuant to Ark. R. Civ. P. 12(b)([________________]) for an order dismissing the [Complaint / Amended Complaint] (the "Complaint") filed by Plaintiff [Plaintiff Name] ("Plaintiff") in its entirety and with prejudice. In support of this Motion, Defendant relies upon the accompanying Memorandum of Law filed herewith.

4. MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT'S MOTION TO DISMISS

4.1 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).

4.2 Statement of Facts

For purposes of this Motion only, Defendant summarizes the non-conclusory factual allegations in the Complaint and any documents integral thereto.

4.3 Legal Standards

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

Arkansas circuit courts are courts of general jurisdiction but lack authority over matters exclusively committed to federal courts or administrative agencies. The burden rests with Plaintiff to establish that the Court has subject-matter jurisdiction.

Rule 12(b)(2) — Lack of Personal Jurisdiction

The Arkansas long-arm statute, Ark. Code Ann. § 16-4-101, extends jurisdiction to the limits of due process. Plaintiff bears the burden of proving that a nonresident defendant has sufficient minimum contacts with Arkansas; however, the defendant filing a motion to dismiss bears the initial burden of going forward and offering proof to support the allegation of no jurisdiction.

Rule 12(b)(3) — Improper Venue

Venue in Arkansas circuit courts is governed by Ark. Code Ann. § 16-60-101 et seq. A civil action shall be brought in the county in which a substantial part of the event or omission giving rise to the cause of action occurred, or in the county in which the defendant resided at the time of the event.

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

A motion to dismiss under Ark. R. Civ. P. 12(b)(6) tests the legal sufficiency of the pleadings. The Court accepts well-pleaded factual allegations as true but need not accept conclusory statements or legal conclusions. A complaint must allege facts that, if true, would entitle the plaintiff to relief. See Ark. R. Civ. P. 8(a), 12(b)(6).

4.4 Argument

A. [First Ground for Dismissal]

B. [Second Ground for Dismissal]

C. [Third Ground for Dismissal — if applicable]

5. REQUEST FOR ORAL ARGUMENT

Pursuant to Ark. R. Civ. P. 7(b)(1), Defendant requests oral argument on this Motion. Oral presentation will aid the Court in addressing [state reasons — e.g., complex jurisdictional and Rule 12 issues].

6. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that this Court:

1. Grant this Motion;
2. Dismiss Plaintiff's Complaint in its entirety [with prejudice / without prejudice as appropriate];
3. Award Defendant its costs and such other relief as the Court deems just and proper; and
4. Enter the Proposed Order attached as Exhibit A.

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 [Date], a true and correct copy of the foregoing Motion to Dismiss and all accompanying papers was served upon all counsel of record via [Contexte e-filing / hand delivery / certified mail] in accordance with Ark. R. Civ. P. 5:

[Opposing Counsel Name]
[Firm Name]
[Address]
[City, State ZIP]
[Email]

______________________________
[Attorney Name]
[Arkansas Bar No. ________________]

EXHIBIT A — PROPOSED ORDER

IN THE CIRCUIT COURT OF [________________] COUNTY, ARKANSAS
[CIVIL] DIVISION

[PLAINTIFF NAME], Plaintiff,

v. — Case No. [________________]

[DEFENDANT NAME], Defendant.

ORDER GRANTING DEFENDANT'S 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]