Arkansas summary judgment: forty-five days before trial, and the motion must specify the issues
Arkansas procedure · Last verified August 17, 2026
Arkansas fixes the filing deadline by reference to the trial date, not the close of discovery: no later than 45 days before any scheduled trial date, absent leave for good cause.
It also requires the motion to specify the issue or issues on which judgment is sought — a content requirement, not a formality.
When each side may move
Ark. R. Civ. P. 56(a) — the claimant:
A party seeking to recover upon a claim, counterclaim, or cross-claim or to obtain a declaratory judgment may, after the expiration of 20 days from the commencement of the action or after service of a motion for summary judgment by the adverse party, move with or without supporting affidavits for a summary judgment in his favor upon all or any part thereof. Absent leave of court for good cause shown, the party must file any such motion no later than 45 days before any scheduled trial date.
Rule 56(b) — the defending party:
A party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory judgment is sought may move with or without supporting affidavits for a summary judgment in his favor as to all or any part thereof. Absent leave of court for good cause shown, the party must file any such motion no later than 45 days before any scheduled trial date.
| Party | May move | Must file by |
|---|---|---|
| Claimant | after 20 days from commencement, or once the other side moves | 45 days before trial |
| Defending party | at any time | 45 days before trial |
The 45-day cutoff binds both sides, and it runs from the scheduled trial date — so a continuance moves it. Only leave of court on good cause gets past it.
The motion must specify the issues
Rule 56(c)(1):
The motion shall specify the issue or issues on which summary judgment is sought and may be supported by pleadings, depositions, answers to interrogatories and a
A motion aimed at "the complaint" does not comply. Identify the issues, one by one.
Where this connects
Arkansas's Rule 12(b)(6) asks whether the pleading states facts upon which relief can be granted, and a motion converts into this rule if outside material is presented and not excluded — see the Arkansas motion to dismiss.
If judgment has already gone against you, Arkansas routes default judgments out of Rule 60 entirely, into Rule 55(c) — see setting aside an Arkansas default judgment.
How Arkansas compares
| Arkansas | Oklahoma | Missouri | Federal | |
|---|---|---|---|---|
| Filing deadline | 45 days before trial | — | — | 30 days after close of discovery |
| Deadline binds the defendant too | yes | — | — | yes |
| Motion must specify the issues | yes | — | — | yes |
| Claimant may move after | 20 days | — | 30 days | at any time |
| Numbered statement of facts required | no | — | yes | no |
A short checklist
- Work back from the trial date. Forty-five days is the cutoff for either side.
- If the trial date moves, the cutoff moves with it.
- Specify the issues on which you seek judgment.
- As claimant, wait 20 days from commencement unless the other side moves first.
- If you need to file late, ask for leave and show good cause — the rule allows nothing else.
Where these rules live
This page explains what the rules say. It isn't legal advice, and what makes a factual issue genuine or material is developed in case law this site doesn't cover.