AR Bar Civil Procedure 2 — Questions and Answers
Question 1: Under Arkansas law, service of process on a corporation may be accomplished by:
- Posting notice on the courthouse door only
- Delivering the summons to the corporation's registered agent (Correct answer)
- Publishing notice in a newspaper of general circulation
- Mailing to any employee
Correct answer: Delivering the summons to the corporation's registered agent
Service on a corporation is properly made by delivering the summons and complaint to the corporation's registered agent for service of process.
Question 2: Under Arkansas Rule 26, which of the following must be disclosed automatically without a discovery request?
- Expert opinions on damages
- Identification of witnesses likely to have discoverable information and documents the party may use to support its claims (Correct answer)
- All emails in the company's system
- Privileged attorney-client communications
Correct answer: Identification of witnesses likely to have discoverable information and documents the party may use to support its claims
Rule 26 mandatory disclosures include the names of witnesses with relevant knowledge and documents the disclosing party may use to support its claims or defenses.
Question 3: In Arkansas civil litigation, how many interrogatories may a party serve on another party without leave of court?
- 20
- 25 (Correct answer)
- 30
- Unlimited
Correct answer: 25
Arkansas Rule of Civil Procedure 33 limits a party to 25 interrogatories, including subparts, without leave of court.
Question 4: An Arkansas plaintiff voluntarily dismisses an action without prejudice for the second time against the same defendant. What is the effect?
- The dismissal is still without prejudice
- The dismissal operates as an adjudication on the merits (with prejudice) (Correct answer)
- The court must approve the second dismissal
- The defendant may seek sanctions
Correct answer: The dismissal operates as an adjudication on the merits (with prejudice)
Under the Arkansas 'two dismissal rule,' a second voluntary dismissal against the same defendant operates as an adjudication on the merits.
Question 5: Under Arkansas Rule of Civil Procedure 65, a temporary restraining order (TRO) may be issued without notice to the opposing party if:
- The judge is unavailable
- Immediate and irreparable injury will result before the adverse party can be heard (Correct answer)
- The plaintiff posts a bond
- The case involves over $100,000
Correct answer: Immediate and irreparable injury will result before the adverse party can be heard
An ex parte TRO is available only when immediate and irreparable injury will occur before the opposing party can be given notice and an opportunity to be heard.
Question 6: In Arkansas, venue for a personal injury action against an individual defendant is proper in:
- Only the county where the plaintiff resides
- The county where the defendant resides or where the cause of action arose (Correct answer)
- Only federal court
- The county where the plaintiff's attorney practices
Correct answer: The county where the defendant resides or where the cause of action arose
Venue for tort actions in Arkansas is proper in the county where the defendant resides or where the injury or cause of action arose.
AR Bar Civil Procedure 2
Under Arkansas law, service of process on a corporation may be accomplished by: