03 07.1(a) MOTION TO DISMISS (RULE 12(b)(6))
| Jurisdiction | Arkansas |
| Library | Arkansas Form Book - Complete (2023 Ed.) |
03-07.1(a) MOTION TO DISMISS (RULE 12(b)(6))
Comes now [Plaintiff/Defendant], [plaintiff/defendant name], by and through [his/her/its] attorney[s], [attorney/firm name], and for [his/her/its] Motion to Dismiss, states the following:
1. Pursuant to Rule 12(b)(6), [Plaintiff/Defendant] moves to dismiss the [complaint/counterclaim/etc.] of [Plaintiff/Defendant].
2. In considering a Rule 12(b)(6) motion to dismiss, the trial court must not look past the allegations of the complaint. Malone v. Trans-States Lines, 325 Ark. 383, 385-386, 926 S.W.2d 659 (1996). The Arkansas Rules of...
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