Tag Archives: Pleadings

ACOA: No Discretion Abuse in Striking Amended Complaint Filed 3 Days Before Summary Judgment Hearing

Orintas v. Point Lookout Property Owners Association Board of Directors, 2015 Ark. App. 648, 476 S.W.3d 174 (2015).

At hearing on appellee’s motion for summary judgment, circuit court granted appellee’s oral motion to strike appellants’ third amended complaint that was filed three days before the hearing.

Appellants argued that striking the complaint was abuse of discretion. Court of appeals affirmed. Continue reading ACOA: No Discretion Abuse in Striking Amended Complaint Filed 3 Days Before Summary Judgment Hearing

ACOA: Rule 6(b)(1) Does Not Require Ruling on Answer Time Extension Before Time Expires

The Logan Centers, Inc. v. Walker, 2015 Ark. App. 687.

Prior to the expiration of time to file its answer, defendant filed a motion for extension of time. Defendant attached affidavits in support of the motion.

Circuit court denied the motion holding that the motion was not presented to the court nor was a ruling requested prior to the answer time expiring. Circuit court also held that the motion lacked credible evidentiary proof.

Court of appeals reversed holding that Rule 6(b)(1) does not require a request for trial court ruling prior to the answer time expiration.

Continue reading ACOA: Rule 6(b)(1) Does Not Require Ruling on Answer Time Extension Before Time Expires

ACOA: Complaint Must State Facts Not Merely Conclusions

Clayton v. Batesville Casket Company, 2015 Ark. App. 361, 465 S.W.3d 441 (2015).

Plaintiff family members sued casket company for tort and breach-of-warranty claims because of an alleged leaking casket. Circuit court dismissed for failure to state a claim, and the court of appeals affirmed.

In Arkansas, the complaint must state facts, not mere conclusions, showing the pleader is entitled to relief. Continue reading ACOA: Complaint Must State Facts Not Merely Conclusions

Jan. 2015 Nonparty Fault Civil Procedure Rule Changes

Law concept: Paragraph on Law background

On August 7, 2014, the Arkansas Supreme Court issued a per curiam opinion (2014 Ark. 340) making changes to Arkansas Rules of Civil Procedure 9, 49, and 52.

The changes implement procedural requirements for asserting a claim of nonparty fault. They went into effect January 1, 2015.

These changes stemmed from work of the Special Task Force on Practice and Procedure in Civil Cases. (You can read about the Special Task Force work and their interim report in the per curiam opinion In Re Special Task Force on Practice and Procedure in Civil Cases, 2014 Ark. 5, at this pdf link.)

Rule 9 Nonparty Fault Provisions

Rule 9 now has a part (h) which contains the procedural requirements for a party wanting to have an allocation of fault made to a nonparty.

Rule 9(h) requires notice of the nonparty fault assertion be given in an initial responsive pleading if the basis for the nonparty fault is known then, or in an amended or supplemental pleading (subject to the conditions of Rule 15) after the party discovers the information.
Continue reading Jan. 2015 Nonparty Fault Civil Procedure Rule Changes

2011 Arkansas Civil Procedure Rule Changes

On June 2, the Arkansas Supreme Court released the 2011 changes to the Arkansas Rules of Civil Procedure (2011 Ark. 250).

The supreme court adopted most of the proposed rule changes that were announced back in March. They did not adopt the proposed new Service and Proof of Service forms.

The changes take effect on July 1, 2011. They include:

  • 30-Day Answer Period for All Defendants in Circuit Court – Rule 12 will state that a defendant must file his or her answer to a complaint within 30 days. Currently, Arkansas defendants have 20 days to answer, and out-of-state defendants have 30 days. (Incarcerated defendants will still have 60 days.) The official Summons form is revised to reflect this. Continue reading 2011 Arkansas Civil Procedure Rule Changes