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Rule 12 - Defenses and Objections; When and How Presented; by Pleading or Motion; Motion for Judgment on The Pleadings (a)When Presented. (1) A defendant shall file his or her answer within 30 days after the service of summons and complaint upon him or her.

A party may move for a more definite statement of a pleading to which a responsive pleading is allowed but which is so vague or ambiguous that the party cannot reasonably prepare a response. The motion must be made before filing a responsive pleading and must point out the defects complained of and the details desired.

App. 352 251 P. 959, holds that when the original summons has been returned and filed, the clerk of the court has the power and the duty to issue an amended summons on the filing of an amended complaint which names a new party defendant.

Amended complaint. n. what results when the party suing (plaintiff or petitioner) changes the complaint he/she has filed. It must be in writing, and can be done before the complaint is served on any defendant, by agreement between the parties (usually their lawyers), or upon order of the court.

Citations If an amendment adds a new party defendant, an amended or new summons naming that party as a defendant must be issued and served upon the new defendant, since no jurisdiction would be obtained by serving him with a copy of the summons that does not name him.

(e) (1) In response to a demurrer and prior to the case being at issue, a complaint or cross-complaint shall not be amended more than three times, absent an offer to the trial court as to such additional facts to be pleaded that there is a reasonable possibility the defect can be cured to state a cause of action.

A Statement of Claim may be amended once without permission of the Court, within 28 days after the original Statement of Claim was filed, but for any subsequent amendments, a Notice of Motion to Amend must be filed and granted before the amendment can take place.

Create an Answer Document. First step to responding is creating your Answer document. Answer each issue of the Complaint. The substance of the Answer is a response to the Complaint document. Assert your affirmative defenses. File the answer with the court and serve the plaintiff.

Since the parties are the same, you do not need an amended summons. Same for doe defendants once you ascertain their names. If your amended complaint has new names in the caption, then you want an amended summons, too.

Arkansas Amended Summons

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What is Rule 12 of the Arkansas Rules of Civil Procedure?

What is Rule 12 of the Federal Rules of Civil Procedure?

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