AR Bar Civil Procedure 1 — Questions and Answers
Question 1: Under the Arkansas Rules of Civil Procedure, what is the general statute of limitations for filing a written contract claim?
- 1 year
- 3 years
- 5 years (Correct answer)
- 7 years
Correct answer: 5 years
Arkansas Code § 16-56-111 provides a 5-year statute of limitations for actions on written contracts.
Question 2: In Arkansas, which court has general original jurisdiction over civil matters exceeding $25,000?
- District Court
- Small Claims Court
- Circuit Court (Correct answer)
- Probate Court
Correct answer: Circuit Court
Arkansas Circuit Courts have general original jurisdiction over civil matters where the amount in controversy exceeds $25,000.
Question 3: Under Arkansas Rule of Civil Procedure 12(b), a motion to dismiss for failure to state a claim must be filed:
- Before any discovery
- Within the time allowed for filing an answer or by motion before pleading (Correct answer)
- Only after summary judgment is denied
- Any time before trial
Correct answer: Within the time allowed for filing an answer or by motion before pleading
A Rule 12(b)(6) motion must be made before pleading if a responsive pleading is allowed, or within the time to answer.
Question 4: Under Arkansas Rule of Civil Procedure 56, summary judgment is appropriate when:
- The plaintiff has a strong case
- There is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law (Correct answer)
- Both parties agree to it
- The defendant fails to appear
Correct answer: There is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law
Summary judgment is granted when the record shows no genuine dispute of material fact and the moving party is entitled to judgment as a matter of law.
Question 5: In an Arkansas civil case, a defendant must file an answer within how many days of being served, absent extension?
- 10 days
- 20 days
- 30 days (Correct answer)
- 45 days
Correct answer: 30 days
Under Arkansas Rule of Civil Procedure 12(a), a defendant generally has 30 days after service of the summons and complaint to file an answer.
Question 6: Under Arkansas Rule of Civil Procedure 23, a class action requires a finding that common questions of law or fact:
- Are unique to each plaintiff
- Predominate over individual questions and a class action is the superior method (Correct answer)
- Need not exist
- Are resolved by statute
Correct answer: Predominate over individual questions and a class action is the superior method
For class certification, common questions must predominate and the class action device must be superior to other methods of adjudication.
AR Bar Civil Procedure 1
Under the Arkansas Rules of Civil Procedure, what is the general statute of limitations for filing a written contract claim?