Civil Procedure Flashcards

Under Arkansas law, service of process on a corporation may be accomplished by:

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.

Under Arkansas Rule 26, which of the following must be disclosed automatically without a discovery request?

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.

In Arkansas civil litigation, how many interrogatories may a party serve on another party without leave of court?

Answer: 25

Arkansas Rule of Civil Procedure 33 limits a party to 25 interrogatories, including subparts, without leave of court.

An Arkansas plaintiff voluntarily dismisses an action without prejudice for the second time against the same defendant. What is the effect?

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.

Under Arkansas Rule of Civil Procedure 65, a temporary restraining order (TRO) may be issued without notice to the opposing party if:

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.

In Arkansas, venue for a personal injury action against an individual defendant is proper in:

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.