Tag: Pleadings

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

SCOA: Appeal of 1st Dismissal, If Affirmed, Bars Further Pleading

In the December 9, 2010 opinion Orr v. Hudson, 2010 Ark. 484, the Arkansas Supreme Court held that when a plaintiff appeals a dismissal when he or she had the opportunity to plead further (i.e., by filing a new lawsuit), an affirmance of the dismissal means that the dismissal is with prejudice.

Appellant Tasha Orr, individually and as an estate representative, brought a medical negligence and wrongful death suit in Lee County Circuit Court against two doctors, Appellee Stephen Hudson, M.D., and Appellee Timothy Calicott, M.D. Per Rule 12(b)(3) of the Arkansas Rules of Civil Procedure, the Lee County Circuit Court granted the doctors’ motion to dismiss the complaint due to improper venue. Orr appealed, and the dismissal was affirmed.

Orr then filed her complaint in Faulkner County Circuit Court. The circuit court granted the doctors’ motion to dismiss that complaint on the basis that Orr had waived her right to plead further when she appealed the first dismissal and there was an affirmance. In Orr v. Calicott, 2009 Ark.App. 857, the Arkansas Court of Appeals disagreed, affirming the circuit court in part and reversing and remanding in part. Continue reading SCOA: Appeal of 1st Dismissal, If Affirmed, Bars Further Pleading

SCOA: Striking Untimely Counterclaim Answer Is Proper

In the December 9, 2010 opinion Looney v. Blair, 2010 Ark. 479, the Arkansas Supreme Court affirmed a circuit court’s order granting a Rule 12(f) motion to strike an untimely answer to a counterclaim.

Appellants Shane and Monica Looney had been served with a counterclaim filed by Appellee Faye Blair on February 9, 2009. The Looneys did not file their answer until April 23, 2009, about seven weeks after the March 4 due date. Blair filed a motion to strike the untimely answer, but did not file a motion for default. Continue reading SCOA: Striking Untimely Counterclaim Answer Is Proper