Arkansas Complaint for Correction and Reformation of Judgment on the Ground of Mistake

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Multi-State
Control #:
US-01529BG
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A trial court is vested with broad discretion to correct error. This form is a generic complaint and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

Arkansas Complaint for Correction and Reformation of Judgment on the Ground of Mistake is a legal document used to address errors or mistakes in a court judgment in the state of Arkansas. This complaint seeks to correct these mistakes and reform the judgment accordingly. The keywords relevant to this complaint include Arkansas, complaint, correction, reformation, judgment, mistake, legal document, errors, and court. There are several types of Arkansas Complaint for Correction and Reformation of Judgment on the Ground of Mistake, including: 1. Clerical Mistakes: This type of complaint is filed when there are typographical errors, incorrect dates, misspelled names, or other clerical errors in the judgment that need correction. 2. Mistake in Law: If there is an error in the judgment due to a misinterpretation or misapplication of the law by the court, this type of complaint can be filed to rectify the mistake. 3. Mistake in Fact: When there are factual errors in the judgment, such as incorrect information, wrong calculations, or misrepresentation of evidence, this complaint can be filed to correct these mistakes. 4. Mutual Mistake: If both parties involved in the case made a mistake during the proceedings that resulted in an erroneous judgment, a complaint for correction and reformation can be filed to rectify the error. 5. Fraud or Misrepresentation: If there is evidence of fraud or intentional misrepresentation that led to an incorrect judgment, this type of complaint can be filed to expose the fraudulent activity and seek a correction. 6. Mistake in Property or Asset Valuation: In cases where the value of property, assets, or financial accounts were incorrectly determined, resulting in an erroneous judgment, a complaint can be filed to correct the mistake in valuation. In summary, an Arkansas Complaint for Correction and Reformation of Judgment on the Ground of Mistake is a legal document that serves to correct errors and reform a court judgment in Arkansas. It addresses various types of mistakes including clerical errors, mistakes in law or fact, mutual mistakes, fraud or misrepresentation, and mistakes in property or asset valuation.

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FAQ

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).)

A party shall plead in response to an amended pleading within the time remaining for response to the original pleading or within 20 days after service of the amended pleading, whichever period is longer, unless the court otherwise orders.

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.

The court may, upon motion, set aside a default judgment previously entered for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) the judgment is void; (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; or (4 ...

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.

It states the general rule that the court may, with prior notice to all parties, modify a judgment, decree or order within 90 days of its filing with the clerk to "correct errors or mistakes or to prevent the miscarriage of justice." Revised subdivision (b) expressly states an exception for "clerical mistakes" and ...

(A) A defendant must serve an answer within 21 days after being served with the summons and complaint. (B) A party must serve an answer to a counterclaim or crossclaim within 21 days after being served with the pleading that states the counterclaim or crossclaim.

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.

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Arkansas Complaint for Correction and Reformation of Judgment on the Ground of Mistake