In Duffy v. Little, 2011 Ark. 16, decided on April 14, 2011, a homeowner filed a breach-of-contract action in district court against a contractor over an alleged breach of contract for renovation work.
Following a hearing, the district court awarded the homeowner $5,000.00 plus costs. The judgment was entered on April 17, 2009.
For his appeal of the district court judgment, the contractor on April 16, 2009 filed his notice of appeal and a certified copy of the hearing transcript. The contractor did not file his circuit court complaint until the circuit court’s August 28, 2009 order granting his request to proceed in forma pauperis.
I just came across what looks like a very good lay resource on the Arkansas Judiciary website. The site’s “Arkansas Juror’s Web Guide” provides basic information about the Arkansas legal system and Arkansas state court trial procedure.
It also discusses what to expect if chosen to participate in a jury trial.
Here are some of the topics covered in the Guide:
- Jury Selection
- Trial Procedure (including the order of each stage of the trial)
- What Is Evidence
- Conduct in the Jury Room
It also has a FAQ section addressing questions such as whether juror note-taking is permitted (it is) and whether jurors can bring cell phones to court (usually not).
[04-14-2013: Link updated]
[Links updated 2013-01-23]
In Unimeks, LLC v. Purolite, 2012 Ark. 20, — S.W.3d —-, decided on Jan. 26, 2012, a judgment debtor argued to Pulaski County Circuit Court that the default judgment entered against it should be set aside because of an invalid summons. The debtor argued that the summons did not meet the requirements of Rule 4(b) of the Arkansas Rules of Civil Procedure because it did not bear a valid circuit clerk signature.
The circuit court denied the debtor’s motion to set aside. The debtor appealed, and the case was certified to the Arkansas Supreme Court.
On May 24, 2012, the Arkansas Supreme Court released the 2012 Arkansas civil procedure rule changes (2012 Ark. 236). The changes took effect on July 1, 2012, and they include the following:
- New “Proof of Service” Form - The “Proof of Service” section of the official summons form has been revised. The service form previously was not really intended to be used for service methods other than by sheriff or process server. The form now has language appropriate for most approved service methods, including by certified mail. Also the form now has check boxes for a process server or sheriff to indicate a specific method of service (e.g., by leaving it at the dwelling of the defendant with a resident who is at least 14 years old). (The various acceptable service methods are described in Ark. R. Civ. P. 4.)
At noon on Wednesday, April 25, 2012, I will be doing a 1-hour CLE webinar called “Developments in Arkansas Civil Procedure” for the Arkansas Bar Association.
During the talk, I will focus on significant Arkansas civil procedure appellate decisions and noteworthy rule changes from 2011 and 2012.
You’ll be able to see the PowerPoint presentation through the web. The written materials include a summary I prepared of 30 or so noteworthy civil procedure cases.
You can register at the link below.