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General Form of a Motion of Defendant and Notice to Plaintiff of...

Arkansas General Form of a Motion of Defendant and Notice to Plaintiff of Hearing on Motion

Q: What is the rule 12 of the Arkansas Rules of Civil Procedure?

Rule 12 substitutes the word &quot;file&quot; for serve and requires that the responsive pleading be filed within the time prescribed by this rule as opposed to serving the pleading as is the case under FRCP 12. By using this terminology, it is believed that arguments can be avoided as to when a pleading was served.

Category:

Civil Procedure - Motions - Notices

State:

Multi-State

Control #:

US-01058BG

Format:

Instant download

Description

A motion is an application to a judge or court requesting a specific order directing performance of an act for the benefit of the applicant. Generally, where there is a procedural defect in a proceeding, a motion is an appropriate remedy. However, it is usually used to obtain relief not available through other pleadings. An order is a direction by a judge or court that certain actions should or should not be performed, and is usually, although not always, made in response to a party's motion.

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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How to fill out General Form Of A Motion Of Defendant And Notice To Plaintiff Of Hearing On Motion?

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FAQ

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.

There are four defenses that may be waived if not made by a Rule 12 motion: Lack of Personal Jurisdiction (Rule 12(b)(2)); Improper Venue (Rule 12(b)(3)); Insufficiency of Process (Rule 12(b)(4)); and Insufficiency of Service of Process (Rule 12(b)(5).)

If a pleading sets forth a claim for relief to which the adverse party is not required to serve a responsive pleading, the adverse party may assert at the trial any defense in law or fact to that claim for relief.

(1) An application to the court for an order shall be by motion which, unless made during a hearing or trial, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought.

All averments of claim or defense shall be made in numbered paragraphs, the contents of each of which shall be limited as far as practicable to a statement of a single set of circumstances; and a paragraph may be referred to by number in all succeeding pleadings.

Rule 12 substitutes the word "file" for serve and requires that the responsive pleading be filed within the time prescribed by this rule as opposed to serving the pleading as is the case under FRCP 12. By using this terminology, it is believed that arguments can be avoided as to when a pleading was served.

Any party may serve on any other party a request (1) to produce and permit the party making the request, or someone acting on his behalf, to inspect and copy any designated documents (including writings, drawings, graphs, charts, photographs, phono-records, and other data compilations from which information can be ...

Rule 11. Signing of Pleadings, Motions, and Other Papers; Sanctions. (a) Signatures. (1) Every pleading, written motion, and other paper of a party represented by an attorney shall be signed by at least one attorney of record in his or her individual name, whose address shall be stated.

Arkansas General Form of a Motion of Defendant and Notice to Plaintiff of Hearing on Motion

Description

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How to fill out General Form Of A Motion Of Defendant And Notice To Plaintiff Of Hearing On Motion?

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

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What is the rule of civil procedure 10 in Arkansas?

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Arkansas General Form of a Motion of Defendant and Notice to Plaintiff of Hearing on Motion

Description

Related forms

Viewed forms

How to fill out General Form Of A Motion Of Defendant And Notice To Plaintiff Of Hearing On Motion?

Form popularity

FAQ

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

What Rule 12 defenses are waivable?

What is Rule 12 of DC Rules of Civil Procedure?

What is the rule of civil procedure 7 in Arkansas?

What is the rule of civil procedure 10 in Arkansas?

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

What is the rule of civil procedure 34 in Arkansas?

What is Rule 11 in civil procedure in Arkansas?

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