Chapter 1 Things You Need to Know
| Library | Handling Appeals in Arkansas (2021 Ed.) |
A. Introduction
Handling an appeal can be a daunting task, whether the case is set in an appellate court in Arkansas or in the federal system, and whether this is your first or fiftieth appeal.
Fortunately, you've located this handbook designed to provide you with expert guidance, eliminate fears, instill confidence, and generally make less daunting the task of handling an appeal in Arkansas.
This chapter provides important information that doesn't necessarily appear in the court rules or fit neatly within the categories of the handbook's other chapters. The remaining chapters will provide you with helpful details on every other aspect of handling an appeal in Arkansas's courts.
B. Things You Need to Know
1. Rule #1: Read the Rules
Court rules govern almost everything—from the initiation of an appeal to the mandate that is issued when a decision becomes final. Two sets of rules govern every Arkansas appeal. If yours is a civil case, read the Arkansas Rules of Appellate Procedure-Civil (ARAP-Civ). If a criminal case, consult the Arkansas Rules of Appellate Procedure-Criminal (ARAP-Crim). But don't stop there. The Arkansas Supreme Court Rules (ASCR) apply to all appellate cases.
Read — and then re-read — the rules. Do not rely on your memory or past experience. Old rules change. New rules are added. The Supreme Court's practice is to publish most proposed rule changes on the Arkansas Judiciary's official website for public comment for a few months before deciding whether to adopt them. In some instances, however, the Court makes rule changes effective immediately. So if you do not monitor the Supreme Court's activity regularly, you should check the rules listed on the website because things may have occurred before you receive the most recent version of the redbooks. Rule changes, when they do come, are published first in per curiam opinions. So look for per curiam opinions with regularity to stay informed.
As new or amended rules go into effect, the question of whether they should be applied retroactively may arise. For example, ARCP 54(b)(5) went into effect January 1, 2009, providing that "[a]ny claim against a named but unserved defendant, including a 'John Doe' defendant, is dismissed by the circuit court's final judgment or decree." The purpose of the subsection is to preserve the finality of the judgment for those not-so-rare occasions when a defendant is named in the complaint but never served. ARCP 54(b)(5), Addition to Reporter's Notes, 2008 Amendments. In Jackson v. Sparks Reg'l Med. Ctr., 375 Ark. 533, 539, 294 S.W.3d 1, 4 (2009), the court determined that the new rule should apply retroactively to "serve its intended purpose."
2. Arkansas Judiciary Website
The official website of the Arkansas Judiciary — http://courts.arkansas.gov — contains a wealth of useful information for appellate attorneys. The homepage includes direct links to many popular items. The website also includes a search bar in the upper right corner that you can use to find specific resources.
(a) Appellate Update newsletters
Since December 2005, the Administrative Office of the Courts has placed its newsletter, Appellate Update, on the website. The newsletter, published monthly during the Arkansas Supreme Court and the Court of Appeals fall and spring terms, provides a great way to keep up with appellate developments. Each issue contains announcements of matters such as pertinent per curiam orders and proposed or newly effective rule changes. The newsletter also features highlights from recent cases (occasionally including cases from the United States District Courts for the Eastern and Western Districts of Arkansas, the United States Court of Appeals for the Eighth Circuit, or the United States Supreme Court). To locate the Appellate Update newsletter, click on Forms And Publications ? Appellate Updates.
(b) Court rules
The website contains a link to all Arkansas court rules, including those governing appeals. Be mindful that the rules on the website are not the official version of the Arkansas Court rules. So when you search for the most up-to-date version of the rules, check another source, too — that is, your legal research provider — to ensure you have the most up-to-date version.
(c) Docket search
The docket search includes all active cases at the Supreme Court and Court of Appeals as well as any closed case that has had activity within the previous ninety days. You can search the docket via the Docket Search link on the website's homepage. The Supreme Court and Court of Appeals docket is now part of CourtConnect, which allows a case search using a variety of search criteria. In addition to finding docket entries about a case, you can view documents filed in a case (motions, briefs, orders, etc.).
(d) Oral-argument videos and other events
The streaming media archive with oral-argument videos and opinions of orally argued cases can be found using the case number or a party name. Archived oral-argument videos are available from 2010 (the year the appellate courts began streaming their oral arguments) to date. This section of the website also lists upcoming oral arguments scheduled in the Supreme Court and the Court of Appeals.
(e) Downloadable appellate-court forms
An Informational Statement and a Jurisdictional Statement are required for all appellants' briefs. See ASCR 1-2(c). You must also include an Appellate Cover Sheet (similar to a circuit court cover sheet) when initially docketing the record on appeal. See ASCR 3-7. Rather than create a form, you can download them from the Arkansas Judiciary website. From the menu bar, click on the following to locate the appellate court forms: Forms And Publications ? Court Forms ? Appellate Courts.
(f) Model briefs
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