Arkansas procedural guides

Plain-English guides to the Arkansas Rules of Civil Procedure, each one tied to the rules it relies on. Every rule named in a guide has its own page with the official text.

• Responding to an Arkansas complaint: 30 days, 60 if you are incarceratedArkansas Rule 12(a) gives 30 days after service of the summons and complaint to file an answer, 60 days for an incarcerated defendant — and only a court, never a clerk, enters a default judgment.
• Setting aside an Arkansas default judgment: no deadline, but you must show a meritorious defenseArkansas Rule 55(c) sets aside default judgments on four grounds with no stated time limit — but the rule requires a meritorious defense unless the judgment is void.
• The Arkansas motion to compel: failing to supplement is its own sanctionable failureArkansas Rule 37(e) allows sanctions where a party fails to supplement seasonably and another party suffers prejudice — a ground most states leave out.
• The Arkansas motion to dismiss: eight grounds, and the test is factsArkansas Rule 12(b)(6) asks whether the pleading states facts upon which relief can be granted, and adds a parallel-action ground the federal rule lacks.
• Arkansas summary judgment: forty-five days before trial, and the motion must specify the issuesArkansas Rule 56 requires any summary judgment motion to be filed no later than 45 days before trial and to specify the issues on which judgment is sought.
• Arkansas depositions: you can send sealed written questions instead of turning upArkansas Rule 30 lets a party who will not attend a deposition serve written questions in a sealed envelope for the officer to put to the witness, and dispenses with a subpoena for parties and organizational designees.
• Arkansas requests for admission: your signature is your oathIn Arkansas an attorney who signs answers to requests for admission is deemed to have sworn to their correctness and to specific authority to bind the client, and blanket objections are not recognized.
• Arkansas subpoenas: a sheriff can serve one by telephoneArkansas allows a trial subpoena to be served by telephone by a sheriff when the hearing is in the witness's own county, sets the witness fee at $30 a day in the rule itself, and gives records-only subpoenas a three-business-day notice rule.

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