Arkansas Sample Letter for Order Denying Motion to Dismiss

State:
Multi-State
Control #:
US-0138LTR
Format:
Word; 
Rich Text
Instant download

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This form is a sample letter in Word format covering the subject matter of the title of the form.

[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Position] [Recipient's Address] [City, State, ZIP Code] Subject: Order Denying Motion to Dismiss — [Case Name or Number] Dear [Recipient's Name], I hope this letter finds you well. I am writing in response to the recent filing of a motion to dismiss in the above-mentioned case. As the [Plaintiff/Defendant], I would like to inform you that I have received the motion and would like to state my strong opposition to its dismissal. Firstly, I would like to address the grounds stated in the motion to dismiss. After a comprehensive review of the relevant facts, applicable laws, and supporting evidence, I firmly believe that the motion lacks a valid legal basis for dismissing the case. The facts presented clearly demonstrate a strong likelihood of success on the merits and thus substantiate the need for this case to move forward. Furthermore, it is imperative to note that the Arkansas legal system has established well-defined rules and guidelines regarding motions to dismiss. The motion filed fails to meet the required legal standards or adequately address the essential elements necessary for granting such a request. A thorough examination of the case law and statutory provisions makes it abundantly clear that the motion does not comply with the legal requirements set forth by the state of Arkansas. Additionally, I would like to bring to your attention several key precedents and legal authorities that support the denial of the motion to dismiss. These precedents highlight the importance of maintaining the integrity of the legal process and ensuring all parties are provided a fair opportunity to present their case. By dismissing this motion, the court would be upholding these fundamental principles of justice. Given these circumstances, I kindly request you to reconsider and withdraw the motion to dismiss. The interests of justice and fairness would be best served by allowing this case to proceed to trial. I am confident that I can substantiate my claims through expert testimony, compelling evidence, and persuasive legal arguments. In the event that you are unwilling to withdraw the motion, I hereby request that you set a hearing date for the court to properly address the merits of the motion to dismiss. This will allow me adequate time to prepare a comprehensive response and present counter-arguments against the dismissal. Thank you for your attention to this matter. I sincerely believe that the interests of justice will prevail, and I trust that the court will ultimately deny the motion to dismiss. Please provide confirmation of the receipt of this letter and acknowledge any upcoming hearings by sending written notification via email or regular mail. Should you have any questions or require additional information, please do not hesitate to contact me at [Your Phone Number] or [Your Email Address]. Yours sincerely, [Your Name]

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FAQ

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.

The motion to dismiss is a defendant's request that the case be thrown out, usually because of a deficiency in the complaint or the way the complaint was served on the defendant. Failure to state a claim is the most common grounds for dismissal. A judge can dismiss a claim with or without prejudice.

-- Rule 55(c) of the Arkansas Rules of Civil Procedure provides that a default judgment may be set aside for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) the judgment is void; (3) fraud, misrepresentation, or other misconduct of an adverse party; or (4) any other reason ...

Rule 4 - Summons and Service of Process (a)Issuance of Summons. Immediately on the filing of the complaint, the clerk shall issue a summons to the plaintiff or the plaintiff's attorney, who shall deliver it for service to a person authorized by subdivision (c) of this rule to serve process.

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 Motion to Set Aside Default or Judgment is used to ask the court to set aside or "undo" a default or judgment or final order in a case, and to allow the case to move ahead as if the default or judgment had not been made.

The party seeking to vacate or modify a judgment may obtain an injunction suspending proceedings, on the whole or in part, upon showing by affidavit or exhibition of the record that it is probable that he is entitled to have such judgment, decree or order vacated or modified; however, such a showing shall not be ...

Rule 30 - Depositions Upon Oral Examination (a)When Depositions May Be Taken. After commencement of the action, any party may take the testimony of any person, including a party, by deposition upon oral examination.

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This is a Court Sample and NOT a blank form. Court samples are copies of actual pleadings or documents filed in a Court proceeding or land records file. Apr 15, 2017 — “To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to 'state a claim to relief that is ...An Order may also be issued to deny or grant a motion. 11. PARTIES ... file with the Clerk a concise statement in opposition to the motion with supporting. The party seeking judgment shall cause the warning order and a copy of the complaint to be sent to the defendant or interested person at his or her last known ... Aug 24, 2023 — If you have been served with a civil Summons and Complaint or Petition, you must respond to the claim or a default judgment could be entered ... Feb 3, 2022 — Upon a defense motion to dismiss for insufficient evidence, the question to be decided by the judge is whether there is “substantial evidence” ... After the judge makes a decision, someone has to write up the decision into a formal court order. Learn more about each step below. Copy bw 1. Fill out the ... You can file an opposition to the application or a motion asking the court to dissolve or modify the order, or you can appeal from the court's grant of an ... Jul 14, 2023 — Summary: A Motion to Dismiss is a request to dismiss a court case without further debate or consideration. If you are being sued for a debt you ... ... request to extend the deadline to five days from the date the court issues its order on the pending motion to dismiss. Entergy also submits a letter sent to ...

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Arkansas Sample Letter for Order Denying Motion to Dismiss