Author: Mike Newman

ACOA: Permissible to Replay Video Deposition During Deliberations

Case: Padilla v. Archer, 2011 Ark.App. 746, decided on December 7, 2011.

The defendant physician brought this appeal from an unfavorable jury verdict. The plaintiff is a former patient claiming medical negligence.

One of the defendant’s arguments was that the trial court improperly permitted the jury to view a plaintiff’s expert deposition during deliberations. The expert was a physician who treated the plaintiff after the alleged negligence.

During deliberations, the jury requested to see the expert’s deposition transcript. The trial court denied the request because the transcript was not an exhibit. The court said the jurors should rely on their memories and notes regarding the expert’s testimony, but if desired, they could view the video deposition again. The jury chose to see the deposition again. Continue reading ACOA: Permissible to Replay Video Deposition During Deliberations

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

SCOA: Summons with Official Court Seal Triggers Valid Signature Presumption

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. Continue reading SCOA: Summons with Official Court Seal Triggers Valid Signature Presumption

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