Arkansas Requests for Production of Documents and Things
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FAQ
The best-evidence rule, Rule 1002 of the Arkansas Rules of Evidence, provides: ?[t]o prove the content of a writing, ? the original writing ? is required, except as otherwise provided in these rules or by [rules adopted by the Supreme Court of this state or by] statute.? Ark. R. Evid.
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.
Rule 41 - Dismissal of Actions (a)Voluntary Dismissal; Effect Thereof. (1) Subject to the provisions of Rule 23(e) and Rule 66, an action may be dismissed without prejudice to a future action by the plaintiff before the final submission of the case to the jury, or to the court where the trial is by the court.
Rule 45.1 of the Arkansas Rules of Civil Procedure allows attorneys in ongoing out-of-state lawsuits to issue subpoenas for depositions or documents in Arkansas. The out-of-state subpoena can be sent to the Arkansas clerk with an Arkansas subpoena form with identical wording.
Rule 9 - Pleading Special Matters (a)Capacity. It is not necessary to aver the capacity of a party to sue or be sued or the authority of a party to sue or be sued in a representative capacity or the legal existence of an organized association of persons that is made a party.
DEFENDANT. ORDER. Pending is the Defendant's Motion to Dismiss and the Plaintiff's Motion to Strike the Motion to Dismiss. Rule 12(f) states that a court may strike from a pleading ?an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter.? Fed.
After giving the parties notice and an opportunity to be heard on the matter, the court may grant a motion for a new trial, timely filed, for a reason not stated in the motion. In either case, the court shall specify in the order the ground therefor.
The court in which a judgment, other than a default judgment [which may be set aside in ance with Rule 55(c) ] has been rendered or order made shall have the power, after the expiration of ninety (90) days of the filing of said judgment with the clerk of the court, to vacate or modify such judgment or order: (1) ...
