03 07.1(a) MOTION TO DISMISS (RULE 12(b)(6))

• Library: Arkansas Form Book - Complete (2023 Ed.)

03-07.1(a) MOTION TO DISMISS (RULE 12(b)(6))

[Form 03-10.1 Caption] MOTION TO DISMISS

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 Civil Procedure require fact pleading. See Ark. R. Civ. P. 8(a). A complaint must be dismissed if it fails to state facts upon which relief can be granted. See Ark. R. Civ. P. 12(b)(6). The Court must read Rule 8(a) and Rule 12(b)(6) together in testing the sufficiency of the complaint. Facts, not mere conclusions, must be alleged in the complaint. Malone v. Trans-States Lines, 325 Ark. at 386 (internal citations omitted). A complaint should be dismissed if it does not allege sufficient facts to satisfy the elements of the plaintiff's claims. See Tyson Foods v. Davis, 347 Ark. 566, 580, 66 S.W.3d 568, 577 (2002).

3. [Plaintiff/Defendant] has failed to state a claim upon which relief can be granted: [state the bases for dismissal].

4. This Motion is accompanied by a supporting brief, which is adopted and incorporated herein pursuant to Rule 10 of the Arkansas Rules of Civil Procedure, and the following exhibits: [briefly...