Arkansas Motion for Summary Judgment
Arkansas runs the summary judgment clock forward from service of the motion rather than backward from a hearing date: a 21-calendar-day response, a 14-calendar-day reply, a discretionary hearing set no less than 7 days after that reply deadline, and a filing cutoff of 45 days before trial absent leave of court under Rule 56.
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Introduction
Arkansas Rule of Civil Procedure 56 runs the summary judgment clock forward from service of the motion rather than backward from a hearing date. A party seeking to recover upon a claim, counterclaim, or cross-claim, or to obtain a declaratory judgment, may move for summary judgment after the expiration of 20 days from the commencement of the action or after service of a motion for summary judgment by the adverse party (Ark. R. Civ. P. 56(a)), and the motion must be filed no later than 45 days before any scheduled trial date, absent leave of court for good cause shown (Ark. R. Civ. P. 56(a), (b)). Once the motion is served, the adverse party, the person who received the motion, must serve a response and any supporting materials within 21 calendar days after the motion is served, and the movant may then serve a reply within 14 calendar days after the response is served; no party may submit supplemental supporting materials after the time for serving a reply unless the court orders otherwise (Ark. R. Civ. P. 56(c)(1)). Arkansas has no separate notice of hearing period the way some states use. A hearing is not mandatory: the court, on its own motion or at a party's request, may hold one, and if it does, the hearing must be set no less than 7 days after the deadline for serving a reply, though the court may reduce that period for good cause shown (Ark. R. Civ. P. 56(c)(1)). Subdivisions (a), (b), and (c) of Rule 56 were amended by per curiam order in 2006, which added the 45-day pre-trial filing cutoff (Ark. R. Civ. P. 56(a), (b), (c)(1)). The motion itself must specify the issue or issues on which summary judgment is sought and may be supported by pleadings, depositions, answers to interrogatories, admissions on file, and affidavits, though affidavits are optional, not mandatory (Ark. R. Civ. P. 56(a), (c)(1)). Arkansas does not require the separate statement of undisputed material facts that federal Local Rule 56.1 requires in the Eastern and Western Districts of Arkansas; that is a federal, district specific requirement that does not apply in Arkansas circuit court. Partial summary judgment is built directly into Rule 56 rather than a separate procedure: a party may move for judgment upon all or any part of a claim, counterclaim, cross-claim, or declaratory judgment request (Ark. R. Civ. P. 56(a), (b)). Both the mover and the party who was served need to track these deadlines. This page covers a civil motion for summary judgment in an Arkansas circuit court under Rule 56. It does not cover a motion to dismiss, a motion to set aside a default judgment, or a motion for summary judgment in federal court, which follows Federal Rule of Civil Procedure 56 rather than the Arkansas rule. Summary judgment is technical and is often lost on procedure rather than the merits, and attorney review is available before you file or respond.
Key Things to Know
- 1
Arkansas runs the summary judgment clock forward from service of the motion, not backward from a hearing date: the opposing party must serve a response within 21 calendar days after the motion is served, the movant may serve a reply within 14 calendar days after that response, and the motion itself must be filed no later than 45 days before any scheduled trial date, absent leave of court for good cause shown (Ark. R. Civ. P. 56(a), (b), (c)(1)).
- 2
If you were served with an Arkansas motion for summary judgment, your 21-calendar-day response window runs from the date the motion was served, not from any hearing notice, and no supplemental supporting materials may be filed after the time for serving a reply unless the court orders otherwise (Ark. R. Civ. P. 56(c)(1)).
- 3
The Arkansas court may shorten or lengthen the 21-calendar-day response and 14-calendar-day reply periods for good cause; the power to shorten them was added by the 2006 amendment (Ark. R. Civ. P. 56(c)(1)).
- 4
Subdivisions (a), (b), and (c) of Rule 56 were amended by per curiam order in 2006, which added the 45-day pre-trial filing cutoff; before that, either party could move for summary judgment at any point in the case (Ark. R. Civ. P. 56(a), (b)).
- 5
A hearing on an Arkansas summary judgment motion is not guaranteed. The court, on its own motion or at a party's request, may hold one, and if it does, the hearing must be set no less than 7 days after the deadline for serving a reply, though the court may reduce that period for good cause shown (Ark. R. Civ. P. 56(c)(1)).
- 6
Arkansas does not require the separate statement of undisputed facts that federal Local Rule 56.1 requires in the Eastern and Western Districts of Arkansas; the motion itself must specify the issue or issues on which judgment is sought and may be supported by pleadings, depositions, interrogatory answers, admissions, and affidavits, though affidavits are optional (Ark. R. Civ. P. 56(a), (c)(1)).
- 7
Partial summary judgment is built directly into Rule 56 rather than a separate procedure: a party may move for judgment upon all or any part of a claim, counterclaim, cross-claim, or declaratory judgment request. This page does not cover a motion to dismiss, a motion to set aside a default judgment, or a motion for summary judgment in federal court, which follows Federal Rule of Civil Procedure 56 instead of the Arkansas rule.
Key decisions before you file
Before you file a Motion for Summary Judgment in Arkansas, a few decisions shape the document: which option to choose and what each one means. The Motion for Summary Judgment guide walks through them.
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Arkansas Requirements for Motion for Summary Judgment
21-Calendar-Day Response Deadline Runs From Service
The adverse party must serve a response and any supporting materials within 21 calendar days after the motion for summary judgment is served, with no supplemental supporting materials allowed after the time for serving a reply unless the court orders otherwise (Ark. R. Civ. P. 56(c)(1)).
14-Calendar-Day Reply Deadline
The movant may serve a reply and supporting materials within 14 calendar days after the response is served (Ark. R. Civ. P. 56(c)(1)).
45-Day Filing Cutoff Before Trial
Absent leave of court for good cause shown, the party must file a motion for summary judgment no later than 45 days before any scheduled trial date (Ark. R. Civ. P. 56(a), (b)).
Claimant's Earliest Filing: 20 Days or Adverse Party's Motion
A party seeking to recover upon a claim, counterclaim, or cross-claim, or to obtain a declaratory judgment, may move for summary judgment after the expiration of 20 days from the commencement of the action or after service of a motion for summary judgment by the adverse party (Ark. R. Civ. P. 56(a)).
Hearing Is Discretionary, Not Mandatory
The court, on its own motion or at a party's request, may hold a hearing on the motion, but is not required to. If a hearing is held, it must be set no less than 7 days after the deadline for serving a reply, though the court may reduce that period for good cause shown (Ark. R. Civ. P. 56(c)(1)).
2006 Per Curiam Order Added the 45-Day Cutoff
Subdivisions (a), (b), and (c) of Rule 56 were amended by per curiam order in 2006, which added the 45-day pre-trial filing cutoff and the court's power to shorten the response and reply periods for good cause (Ark. R. Civ. P. 56(a), (b), (c)(1)).
No Separate Statement of Undisputed Facts Required
Arkansas state circuit court has no separate-statement-of-facts requirement, unlike the federal Local Rule 56.1 used in the Eastern and Western Districts of Arkansas (Ark. R. Civ. P. 56(a), (c)(1)).
Motion Must Specify the Issues on Which Judgment Is Sought
The motion must specify the issue or issues on which summary judgment is sought and may be supported by pleadings, depositions, answers to interrogatories, admissions on file, and affidavits, though affidavits are optional (Ark. R. Civ. P. 56(a), (c)(1)).
Partial Summary Judgment Built Into Rule 56
Rule 56(a) and (b) let a party move for summary judgment upon all or any part of a claim, counterclaim, cross-claim, or declaratory judgment request, with no separate rule number or procedure for a partial motion (Ark. R. Civ. P. 56(a), (b)).