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

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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.

Arkansas General Form of a Motion of Plaintiff and Notice to Defendant of Hearing on Motion is a legal document that serves as a written request filed by the plaintiff in a civil lawsuit. This motion aims to request a specific action, order, or relief from the court, and it informs the defendant about the upcoming hearing on the motion. The Arkansas General Form of a Motion of Plaintiff and Notice to Defendant of Hearing on Motion is essential in the legal process, as it allows the plaintiff to present their arguments and requests before the court in a structured manner. This document is typically submitted when the plaintiff seeks a particular legal remedy, such as a judgment, injunction, or any other form of relief. Keywords: Arkansas, General Form, Motion of Plaintiff, Notice to Defendant, Hearing on Motion, legal document, civil lawsuit, action, order, relief, court, arguments, request, legal remedy, judgment, injunction. Types of Arkansas General Form of a Motion of Plaintiff and Notice to Defendant of Hearing on Motion may include: 1. Motion for Summary Judgment: This motion is filed by the plaintiff when they believe that no genuine dispute of material facts exists in the case, and they are entitled to judgment as a matter of law. The motion seeks a quick resolution of the case without going to trial. 2. Motion for Preliminary Injunction: This motion is filed when the plaintiff requests the court to issue an injunction, temporarily prohibiting the defendant from engaging in certain actions until a final decision on the merits of the case is made. It aims to maintain the status quo until the court reaches a final verdict. 3. Motion to Dismiss: This motion is filed by the plaintiff to request the court to dismiss the case, often due to various legal reasons, such as lack of jurisdiction, failure to state a claim, or a procedural defect. The motion asserts that the plaintiff's complaint does not warrant further litigation. 4. Motion for Default Judgment: This motion is filed by the plaintiff when the defendant fails to respond or appear in court within the specified time frame. It asks the court to issue a judgment in favor of the plaintiff due to the defendant's failure to participate in the legal proceedings. 5. Motion for Temporary Restraining Order: This motion is filed when urgent action is required to prevent immediate and irreparable harm or damage. It seeks a court order to restrain the defendant from taking certain actions until a hearing on the motion for a preliminary injunction can be scheduled. It is important to note that these are just a few examples of Arkansas General Form of a Motion of Plaintiff and Notice to Defendant of Hearing on Motion. The specific type of motion filed may vary depending on the nature of the case and the relief sought by the plaintiff.

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FAQ

On request of any party in a case tried before a jury, deposition testimony offered other than for impeachment purposes shall be presented in nonstenographic form, if available, unless the court for good cause orders otherwise.

FRCP Rule 12(b) pertains to pretrial motions, and 12(b)(6) specifically deals with motions to dismiss for failure to state a claim upon which relief can be granted.

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 ...

Interrogatories to Parties (a) In General. (1) Availability. Unless otherwise stipulated or ordered by the court, a party may serve on any other party no more than 25 written interrogatories, including all discrete subparts.

Rule 33 assures that the objections will lead directly to court, through its requirement that they be served with a notice of hearing. Although this procedure does preclude an out-of-court resolution of the dispute, the procedure tends to discourage informal negotiations.

(1) The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any claim, cross-claim, counterclaim, or third-party claim, or of any separate issue or any number of claims, cross-claims, counterclaims, third-party ...

Under this rule, the findings of the trial judge must be affirmed on appeal unless clearly erroneous, which is the same as clearly against the preponderance of the evidence. The rule, however, does not alter the fact that in some cases an issue must be proved by clear and convincing evidence.

Any party may serve upon any other party written interrogatories to be answered by the party served or, if the party served is a public or private corporation or a partnership or association or governmental agency, by any officer or agent, who shall furnish such information as is available to the party.

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A motion can be made by the plaintiff or the defendant, and must contain a statement (certificate of service) that a copy has been furnished to the opposing ... The requirement of writing is fulfilled if the motion is stated in a written notice of the hearing of the motion. (2) All motions required to be in writing ...defendant. The court may either hold a hearing on the motion, requiring the parties to appear, OR the judge may decide the motion looking only at the papers. Court Forms ; Administrative Order 3 - Quarterly Report Form ; Affidavit of Financial Means ; Annual Report of Guardian (Guardianship) ; Appellate Court Cover Sheet ... The summons shall be styled in the name of the court and issued under its seal, dated and signed by the clerk or a deputy clerk, and directed from the State of ... Only judges decide the outcome of motions. Common pre-trial motions include: Motion to Dismiss – an attempt to get the judge to dismiss a charge or the case. Caption (Top of Form):. ❑ Complete the caption of the Motion exactly as it appears in the Plaintiff's complaint. ❑ Fill in the case number, if known. If ... Every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney's name—or by a party personally if the party ... The motion must be made before filing a responsive pleading and must point out the defects complained of and the details desired. If the court orders a more ... Mail a copy of your filed motion (with the hearing date) to the plaintiff's attorney (or to the plaintiff directly if she has no attorney). What happens ...

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