AR SB761

Adds Arkansas Code 16-55-123 to require courts to award costs and reasonable attorney's fees to defendants when a claim is dismissed under Rule 12 for failure to state a claim.

Awardable costs include court costs, attorney's fees, court reporter fees, interpreter fees, and guardian ad litem fees actually incurred due to the dismissed claim.

Limits total cost awards to $10,000 per lawsuit, with proportional apportionment among multiple parties if their combined costs exceed this amount.

Provides seven exceptions where attorney's fees and costs are not awarded, including actions against government entities, pro se litigants, good faith claims seeking to change precedent, and actions where discovery has begun with multiple defendants.

Requires all appeals of the motion to dismiss to be exhausted before any award is made, and stays the award until a final non-appealable decision is rendered.