Tag Archives: Appeals

Appeal Rule 1.8 Reminder: Electronic Copies Not Optional

Laptop, vector illustration.

A few weeks ago, the Administrative Offices of the Court sent out an email regarding new Rule 1.8 of the Rules of the Supreme Court and Court of Appeals. It reminds appeals council that, even though the rule language refers to “courtesy copies,” the new rule requires sending electronic copies. It is not optional.

The email also notes that the electronic copy cannot be sent by email, at this time.

New Appellate Rule Requires “Courtesy” Electronic Briefs

As a step toward the eventual transition to electronic appellate brief filing, the Arkansas Supreme Court last week announced a new rule that will mandate sending courtesy electronic copies of briefs along with the paper documents.

Rule 1.8 of the Rules of the Supreme Court and Court of Appeals requires the submission of pdf copies of briefs to the Clerk. It does not alter the existing requirement of filing paper copies of briefs and other appellate documents.

The rule also specifies a file-naming convention to be followed for the pdf files.

Rule 1.8 goes into effect August 1, 2013.

2013 Ark. 256 (pdf).

[Update 09-05-2013: This has been updated to note that the new rule requires sending the electronic copies.]

SCOA: Certified Docket Sheet Requirement for District Court Appeal is Jurisdictional

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. Continue reading SCOA: Certified Docket Sheet Requirement for District Court Appeal is Jurisdictional

2012 Arkansas Civil Procedure Rule Changes

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.) Continue reading 2012 Arkansas Civil Procedure Rule Changes

SCOA: Now or Never for Immediately Appealable Interlocutory Orders

This is a very significant mid-2011 case.

In the case, In re Estate of Stinnett, 2011 Ark. 278, — S.W.3d —-, decided on June 23, 2011, the supreme court held that an interlocutory order which is immediately appealable per Ark. R.App. P.–Civ. 2(a) can only be appealed within the time specified in Ark. R.App. P.–Civ. 4.

Appellant’s notice of appeal was filed within 30 days after the circuit court’s final distribution order, but appellant’s only point for reversal was a challenge to an earlier order striking a filing made by appellant.

The supreme court held that since the earlier order was immediately appealable, either as an order striking a pleading or as an immediately appealable probate order per A.C.A. § 28-1-116, the time frame in which it could have been appealed was 30 days. Appellant’s appeal was thus untimely. Continue reading SCOA: Now or Never for Immediately Appealable Interlocutory Orders