IN THE CIRCUIT COURT OFXXXX COUNTY,XXX
CIVIL DIVISION
XXX; and PLAINTIFFS
XXX
V. CASE NO.: ______________________
XXXX DEFENDANT
NOTICE OF DEFENDANT’S MOTION TO DISMISS
TO ALL PARTIES AND ATTORNEYS OF RECORD:
Please take notice that on [Insert Date], at [Insert Time], or as soon thereafter as the
matter may be heard, the undersigned will move this Honorable Court, before [Court Name],
located at [Court Address], for an order dismissing the complaint filed by Harvey Perry and
XXX Brixie against Ms. Carma Jean Otts on the grounds of improper service.
The basis of this motion is set forth in the accompanying motion papers, which have been duly
served on the opposing party and filed with the Court. This motion is made pursuant to Rule 4 of
the Arkansas Rules of Civil Procedure and Arkansas Code § 16-56-104, and it seeks a dismissal
of the complaint due to the critical irregularities in the service process.
Dated this 6 th day of December, XXX
Respectfully Subnitted,
___________________________________
XXX,
Defendant in pro per
IN THE CIRCUIT COURT OF FAULKNER COUNTY, ARKANSAS
CIVIL DIVISION
XXX, and PLAINTIFFS
XXX
V. CASE NO.: ______________________
XXX
DEFENDANT’S MOTION TO DISMISS
NOW COMES XXX, and files this Motion to Dismiss for improper service, and for
cause would show this Honorable Court as follows:
1. On July XXX, the plaintiffs, XXX, took the
legal initiative by filing a comprehensive complaint against XXX
2. This legal action, encapsulating a myriad of claims centered around real property, set in
motion a legal dispute that demands meticulous scrutiny.
3. Following a thorough examination of the documents formally served to Ms. Otts, a
substantial flaw in the service process has been brought to light.
4. This revelation has far-reaching implications, casting doubt not only on the procedural
aspects but also on the overarching validity and legitimacy of the entire complaint.
5. It is against this backdrop that the legal representatives for Ms. Otts seek to navigate the
intricacies of improper service, a critical juncture that could potentially shape the
trajectory of this legal entanglement.
6. The plaintiffs assert that service was meticulously executed at Ms. XXX purported home
address. This foundational claim, however, is met with a counter-narrative upon a diligent
examination of available records.
7. These records starkly contradict the plaintiffs’ assertion, revealing an absence of any
documented attempt to serve Ms. XXX at her actual residence.
8. This glaring discrepancy instigates a cascade of questions, not only about the accuracy of
the service but also about the broader implications of such discrepancies on the pursuit of
justice.
9. Adding an additional layer of complexity to this already intricate scenario, the plaintiffs
further allege that service was carried out at an address associated with Carma Jean Otts’s
son-in-law—a location she has not inhabited for the past three years.
10. The significance of this revelation is profound, as it not only raises questions about the
accuracy of the information presented in the complaint but also underscores the need for
a comprehensive review of the service procedures undertaken.
11. Rule 4 of the Arkansas Rules of Civil Procedure, a beacon of procedural guidance,
meticulously governs the service of process, demanding an unwavering commitment to
strict compliance with statutory requirements.
12. Underpinning this commitment is Arkansas Code § 16-56-104, a statutory provision that
elevates proper service beyond a mere procedural formality. This section deems proper
service not only as a procedural requirement but as a jurisdictional prerequisite.
13. A failure to adhere to the stipulated standards, as articulated in the code, not only
jeopardizes the sanctity of the legal process but renders any subsequent judgment
resulting from flawed service void.
14. This motion implores the court to actively intervene in order to thoroughly investigate the
discrepancies associated with the service of process. This is not a mere technicality; it is a
principled stance.
15. Ms. Carma Jean Otts earnestly seeks a swift resolution to this matter. The objective is not
merely to expedite proceedings but, more crucially, to uphold the principles of fairness
and legality inherent in the judicial process.
16. Addressing these service-related concerns promptly is not a tactical move; it is an ethical
imperative that goes to the heart of ensuring justice for all parties involved.
17. In adherence to the aforementioned legal principles and procedural requirements, Ms.
Carma Jean Otts looks to the court for a just and expeditious resolution of this matter.
18. This motion seeks not only to rectify the deficiencies in the service of process but also to
reinforce and ensure the continued adherence to the established legal standards governing
the proceedings.
REASONS WHEREFORE, PREMISES CONSIDERED, the Defendant respectfully requests
this Honorable Court to GRANT this motion to dismiss for improper service.
Dated this 6 th day of December, XXX
Respectfully Submitted ,
___________________________________
XXX
Defendant in pro per
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