The Arkansas motion to dismiss: eight grounds, and the test is facts
Arkansas procedure · Last verified August 17, 2026
Arkansas keeps the fact-pleading formulation. Ground (6) is failure to state facts upon which relief can be granted — not "failure to state a claim."
The list also runs to eight, adding a parallel action between the same parties arising out of the same transaction or occurrence.
Thirty days, then ten
| Event | Time |
|---|---|
| Answer a complaint | 30 days from service |
| After a denied motion, or a deferral to trial | 10 days |
Thirty days is generous; ten afterwards is not. Draft the answer while the motion is pending.
The eight grounds
Ark. R. Civ. P. 12(b):
following defenses may, at the option of the pleader, be made by motion: (1) lack of jurisdiction over the subject matter, (2) lack of jurisdiction over the person, (3) improper venue, (4) insufficiency of process, (5) insufficiency of service of process, (6) failure to state facts upon which relief can be granted, (7) failure to join a party under Rule 19, (8) pendency of another action between the same parties arising out of the same transaction or occurrence.
| Ground | |
|---|---|
| (1)–(5) | jurisdiction, venue and process |
| (6) | failure to state facts upon which relief can be granted |
| (7) | failure to join a party under Rule 19 |
| (8) | pendency of another action between the same parties arising out of the same transaction or occurrence |
Two points of wording.
Ground (6) is a fact test. Arkansas asks whether the pleading states facts, which is the older code-pleading question rather than the federal claim-sufficiency one.
Ground (8) is drafted more broadly than its neighbors'. South Carolina and Oklahoma require another action "for the same claim"; Arkansas reaches any action between the same parties arising out of the same transaction or occurrence — a wider net.
Where this connects
Arkansas routes default judgments out of Rule 60 entirely: they are set aside under Rule 55(c), which states no deadline but requires a meritorious defense. See setting aside an Arkansas default judgment.
Its discovery rule makes failure to supplement its own sanctionable ground, available on a motion made at trial — see the Arkansas motion to compel.
For the answer itself, see responding to an Arkansas complaint.
How Arkansas compares
| Arkansas | Oklahoma | Missouri | Federal | |
|---|---|---|---|---|
| Enumerated grounds | eight | ten | eleven | seven |
| Ground (6) wording | facts upon which relief can be granted | failure to state a claim | failure to state a claim | failure to state a claim |
| Parallel action a ground | yes, same transaction or occurrence | yes, same claim | yes, same cause | no |
| Time to answer | 30 days | 20 days | 30 days | 21 days |
| After a denied motion | 10 days | 20 days | floor preserved | 14 days |
A short checklist
- Diarise 30 days from service.
- Argue the Arkansas test — facts upon which relief can be granted.
- Check ground (8), which reaches any action arising out of the same transaction or occurrence.
- Move before you plead if a further pleading is permitted.
- Put every available ground in one motion.
- Plan for 10 days to answer if the motion is denied.
Where these rules live
- Ark. R. Civ. P. 8 — General Rules of Pleading
- Ark. R. Civ. P. 12 — Defenses and Objections
- Ark. R. Civ. P. 19 — Joinder of Persons Needed for Just Adjudication
- Ark. R. Civ. P. 56 — Summary Judgment
This page explains what the rules say. It isn't legal advice, and what facts suffice under Rule 12(b)(6) is developed in case law this site doesn't cover.