Arkansas Scheduling Report - Civil Trial

State:
Multi-State
Control #:
US-PI-0258
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample discovery schedule mutually agreed upon between the parties and submitted for the Court's approval.
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FAQ

Rule 3 - Commencement of Action; "Clerk" Defined; Separate Actions and Filing Fees; Notice of Medical Injury (a)Commencement. A civil action is commenced by filing a complaint with the clerk of the court, who shall note thereon the date and precise time of filing. Notice of Medical Injury, Ark. R. Civ. P. 3 | Casetext Search + Citator casetext.com ? arkansas-rules-of-civil-procedure casetext.com ? arkansas-rules-of-civil-procedure

A defendant shall file an answer with the clerk of the court within thirty (30) days after the service of the complaint upon the defendant. An answer to a cross-claim and a reply to a counterclaim shall be filed with the clerk of the court within 30 days of the date that the pleading asserting the claim is served. Rule 6 - Contents Of Answer; Time For Filing, Ark. Dist. Ct. R. 6 - Casetext casetext.com ? rule ? arkansas-district-court-rules casetext.com ? rule ? arkansas-district-court-rules

A defendant shall file an answer with the clerk of the court within thirty (30) days after the service of the complaint upon the defendant. An answer to a cross-claim and a reply to a counterclaim shall be filed with the clerk of the court within 30 days of the date that the pleading asserting the claim is served.

Any supporting affidavits shall be served with the motion, response, or reply. Failure to satisfy these requirements shall be ground for the court's striking the motion, response, or reply. The court is not required to grant a motion solely because no response or brief has been filed.

P. 12(b)(6) provides for the dismissal of a complaint for "failure to state facts upon which relief can be granted"; these two rules must be read together in testing the sufficiency of the complaint; facts, not mere conclusions, must be alleged. 3. Motions -- motion to dismiss -- test for sufficiency of complaint.

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. Motion for Judgment on The Pleadings, Ark. R. Civ. P. 12 casetext.com ? arkansas-rules-of-civil-procedure casetext.com ? arkansas-rules-of-civil-procedure

Arkansas Rules of Civil Procedure 30(b)(6). Regardless of his or her county of residence, a witness subpoenaed for examination at a hearing must be properly served with the subpoena at least two days prior to the hearing, or within a shorter time if a court so orders.

(1) All papers after the complaint required to be served upon a party or his attorney shall be filed with the clerk of the court either before service or within a reasonable time thereafter. The clerk shall note the date and time of filing thereon. Service and Filing of Pleadings and Other Papers, Ark. R. Civ. P. 5 casetext.com ? arkansas-rules-of-civil-procedure casetext.com ? arkansas-rules-of-civil-procedure

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Arkansas Scheduling Report - Civil Trial