APPENDIX Rules Adopted or Amended by Per Curiam Orders
ARK.I Apprxprx 531 TN RE: RULES GOVERNINGADMTSSIONTOTHE BAR Supreme Court of Arkansas Opinion delivered September 30, 2004
T)r,n Cumarra. Rule 13.8 ofthe Rrlas C,oumringAilmissionto E the Bal states in pertinent part "every applicant for admission to practice by examination and e -v ery applicant for read-mission or reinsatement oflicense to practice must be of good moral character and mentally and emotionally sable."
The Arkansas State Board of Law Examinen (Board) has recommended adoption of a regulation of the Board which would elaborate upon the various considerations that might come into play when determining whether an applicant is of "good moral character and mentally and emotionally stable." In studying this matter, the Board reviewed standards'for admission adbptEd in other jurisdictions. The Board has encouraged the Court to adopt the proposed regulation to provide both the Board, and the applicants, guidance in making the character and fitness deterrnination. We agree with the Board's recommendation and adopt Regulation 8 as it appears on the attachment to this order. STANDARDS FOR ADMISSION Regulation 8 - Sandards for Admission (a) The revelation or dis6syery ofany ofthe following may be treated as cause for further i"g"irry before the Board detennines whether the applicant possesses good moral character and mental and
emotional stability:
1. Unlawful conduct; 2. Academic misconduct; 3. Misconduct in employment; 4. Acts involving dishonesty, fraud, deceit or misrepresen-tation;
532 APPENDD( [3se 5. Acts which demorstrate disregard for the rights or welGre of othen; 6. Abuse oflegal proces, including thg 6ling ofvexatiou or tsrvolous les/suia; 7. Neglect of firancial responsibilities; 8. Neglet ofprofessional obligatiors, indurling failue ro comply with time constndnts; 9. Violation ofan order ofa courq ,0. gor6ugt rhet evidences curent mental or emotional insability that may impair the ability to practice law; 11. Conduct that widences currcnt drug or alcohol dependence or abuse tlat may imFair the ability to practice law;
12. Denial ofadmision to the Bar in anottrerjurisdiction; 13. Disciplinary action by a lavryel disciplinary agency or other profasional disciplinary aggncy of any jurisdic-tion:
14. Making of fllse satements, including omissions, on bar applications in rhis state or atT' ofterjurisdiction; an4
15, Any other conduct ttat reflects adversely on the good moral chamcter and mental and emotional stability of the appticant.
(b) ln meking tle detetmination ofwhether the applicent is ofgood moral character and mentally and emotionally stable, ttre following 6con may be considered in asigring weiglrt and sifi662ags to prior conducc
l. Applicant's age at the time of the conducq 2. Recency ofthe condua; 3. Reliability ofthe information concerning the conducti
ARK.I AppsNoD( 533 4. Seriousness ofthe conduct; 5. Facton underlying the conduct; 6. Cumulative effect of the conduct; 7. Evidence of rehabilitation; 8. Applicant's positive social contributions since the con-duct;
9. Applicant's candor in the admissions process; 10. Materidity of any omissions or misrepresentations; ffid,
1 1. Any other conduct that reflects advenely on the good moml character and menal and emotional stability of the applicant.
(c) The Applicant has a continuing obligation to update the application with respect to dl matten raised in the application. This obligation continues during the pendenry of the application, including the period when the matter is on appeal to the Board or the Court.
IN RE: OCTOBER 20,2004,SESSION ofTHE ARKANSAS SUPREME COURI Supreme Court ofArkansas Opinion delivered October 14,2004
T)rr Cunrau. On October 20,2004, the Supreme Court -f shall convene at 9:00 a.m. in the Rqmolds Room of the Smith-Pendergraft Campus Center at the Univenity of Arkansas -Fort Smith, 5210 Grand Avenue, Fort Smith Arkansas.
534 AppsNDD( [3s9 IN RE: ARKANSAS CONTINUING LEGALEDUCAIIONBOARD
Supreme Court ofArkensas Opinion delivered November 18, 2004
f)m. Cunrar.a. Rule 1.@) of the Arkansas Rules for Mini--f mum Continuing Legal Education ("rule") provitles: "There shall be at least one Board member from each of the six Arkartsas Court ofAppeals Districts," Act 1812 of2@3 reapportioned the Court of Appeals Districs to result in the creation of seveu districB. In co$equence, we 6nd tllat the curreot nrle must be changed.
Rather than continue reliance upon Court ofAppeals Dis-tricB to secure geographical distribution of members of the Arkansas Continuing Legal Education Board we choose to rely instead on appointments based upon congressional districs. We also take this opportuoity to rcmove from Rqle 1.@) language pertaining to &ivring of terms which is no longer relwant. We amend Rule 1.(B) of the Arkansas Rules for Minimum Continuing Legal Education to read as follows: "There shdl be at least one Board member from each of the four congressional districts."
ARrc] AppsNDtx 535 IN RE: ARKANSAS RULES Of CIVIL PROCEDURE; Administrative Order Number 2;
Rules ofAppellate Procedure Civil; and Rules of the Supreme Court and C - ourt ofAppeals Supreme Court ofArkansas Opinion delivered November 78, 2004
T)eR Cumarra. The Arkansas Supreme Court Committee on -FCi"it Practice has submitted iis annual proposals and recommendations for changes in rules of procedure affecting civil prac-tice. We have reviewed the Committee's work, and we now publish the suggested amendments for comment from the bench and bar. The Reporter's Notes e4plain the changes, and the proposed changes are set out in "line-in, line-out" fashion (new material is italicized; deleted material is lined through).
We expr ' e W ss 'i lk o in u s r o g n r , a titude to the Chair of the Committee, Judge Henry its Reporter, Price Manhdl, and the Committee memben for their faithful and helpful work with respect to the Rules.
Comments on the suggested rules changes should be made in writing prior toJanuary 15, 2005, and they should be addressed to: Clerk, Supreme Court of Arkansas, Attn.: Civil Procedure Rules, Justice Building, 625 Manhall Street, Little Rock, Arkansas 72207. A. ARKANSAS RI.'LES OF CTVIL PROCEDI.JRE RI.'LE 3. COMMENCEMEN'T OF ACTION-"CTFRK" DEFINED
(a) A civil action is commenced by filing a complaint with the clerk of the court who shall note thereon the date and precise time of filing.
(b) The term "clerk of the court" as used in these Rules means the circuit clerk and, with respect to probate matters, any county clerk who serves as ex ofrcio clerk of the probate division of the circuit court pursuant to Ark. Code Ann. S 1+1+502OX2XB). ln counties where the ounty cluk sava as the ex oficio dale oJany diuision oJthe chatit court, thefiling requiremmt shall be satisfied when the complaint isfiled with eithu the ciratit duk or the county cluk.
535 APPENDD< [3s9 Aililtttoa to Repwtds Noks, 2t0i Aopnilmeil: Rate jp) has been aneruleil. l4s the fulle si,ztrs,, in sone auntks fru omry clerb sentes as tlu u ofub ilerk oJ the probau ditision of tlu ciruit (tutt. Ilrtretuinties hate aiser in these cir nLsuttas ahout tlu {ea affling a pleading ot papet with tlg unong dale. A sentenrc has beot aililed to subseaion (b) a nalu plain tlot, in tluse ounties, a paty tonplia uith Rule i(a) uhm tle arybint h fle ma*td by eiiher tle ciruit dak o the ounty dok. This mu pmtision ataik with pre-Ammilmnt 80 casa. CJ., Linila t. Hutad, 296 Ark. 414, 415-18,757 S.W.zil 549, 550-51 (995) (the timelyflittgdaotflaint
in &anary outt ulkil the suuu of linitations @en thtough the case shotlil
han bem hought in ciid,tit cowt anl was tran{med tlerc fitr ihe statute hail mn,). Sirriilzr claifying hnguage ha bem addeil a Rde of Ciril Procedurc 5(c)(1) (fling pd?er in gennal), Ailminisratite Otilu Nunber 2 (clerk\
docka andfling), anil Rub of Appellau hoceilun-Civil 3(b) (fling a notie of opprol).
RT,'I-E 5. SERVI@ AND FILING OF PLEADINGS AND OTHERPAPM.S (a) Servlce: Vhen Requirod. E:(cept as otherwise provided in these rules, every pleading and wery other paper, induding all wrinen communicatiors with tle courq filed sub,sequent to the complaint, orcept one which may be heard ex parte, shall be sewed upon each of the parties, ur:les the cou:t orders otherwise because of numerous parties. No senrice need be made upou parties in defiult for Eilure to appeer, except tbat pleadings aserting new or additional claims for
reliefaeainst them shall be served in the manaer provided for service of summons in Rule 4. Any pleading asserting new or additional claims for reliefegrins any paty who has appeared sball be served in
accordance with subdivision (b) ofthiq rule.
In an action begun by seizure ofproperty, in which no person need be or is nr"ed as deGndant, any service required to be made prior to the Gling ofan answer, daim or appearance shdl be made upon the penon having custody or posesion ofthe property at the time ofir seizure. (b) Servtco: Hos Made. (1) Whenever under this nrle or any statute service is required or pemitted to be made upon a pafty represeotd by an attomey, the
ARIC] AppeNDrx 537 service shall be upon the attomey' excePt that service shall be upon the parry if the court so orden or the action is one in which a final judgment has been entered and the court ha:i continuingjurisdiction.
(2) Except as provided in paragpph (3) of this subdivision, service upon the attomey or upon the party shall be made by delivering a copy to him or by sending it to him by regular mail or commercial
delivery company at his last known address or, ifno address is known, by leaving it with the clerk of the court. Delivery of a copy for purposes of this paragraph means handing it to the attorney or to the
party; by leaving it at his ofrce with his clerk or other penon in charge thereof or, ifthe office is closed or the person has no ofrce, leaving it at his dwelling house or usual place of abode with some person
residing therein who is at least 14 yean of age. Service by mail is presumptively complete upon mailing, and senrice by corrmercial delivery company is presumptively complete upon depositing the papen with the company. When service is permitted upon an attor-ney, such service maybe effectedby electronic transmission, provided that the attorney being served has facilities within his ofrce to receive and reproduce verbatim electronic transmissions. Service by a commercid delivery company shall not be valid unless the company; (A) maintains penrument records of acnral delivery, and (B) has been approved by the circuit court in which the action is filed or in the
county where service is to be made.
(3) If a final judgment or decree has been entered and the court has continuing jurisdiction, service upon a party by mail or commercial delivery company shall comply with the requirements of Rule 4(dX8XA) and (C), respectively.
(c) Filing. (1) Atl papen after the complaint required to be served upon a party or his attomey shall be filed with the clerk of the court either before service or within a reasonable time thereafter. The clerk shdl note the date and time offiling thereon. However, proposed firdir5 of frcq proposed conclusions of law, trial brie6, proposed jury instructions,
and responses thereto may but need not be filed unless ordered by the court. Depositions, interrogatories, requests for production or inspec-tion, and answers and responses thereto shall not be filed unless
ordered by the court. When such discovery documenB are relevant to a motion, they or the relevant portions thereofshall be submitted with
538 AppBr.rom l3se the motion and attached as an exhibit unless such documents have already been filed. The clerk shall not refuse ro accept for filing any paper presented for that purpose solely because it is not presented in the proper fotm.. In auntia where the county cluk serues as the ex oficio
clnk of any div$on of the cirait aurt, thefilingrequirementfu any pleading, papu, ordu, judgment, denee, or notice of alryeal shall be satisfieil when the doatrnent isfiled with either the ciratit clerk or the county clnk.
(2) If the clerk's office has a facsimile machinen the clerk shall accept facsimile transmisions of any paper filed under this nrle and may
charge a fee of $1.00 per page. Any signature appearing on a facsimile copy shall be presumed authentic until proven otherwise. The clerk
shall samp or otherrvise mark a facsimile copy as filed on the date and time that it is received on the clerk's facsimile machine during the regular houn of the clerk's office or, if received ouBide those houn, at the time the office opens on the next business day. (d) Filing Vith the Jodg". The jufue may pemrit papers or pleadings to be filed with him, in which event he shall note thereon the filing date and forthwith transmit them to the office of the clerk. If the judge permim filing by facsimile tansmission, the provisions of subdivision (c)(2) of this rule shall apply.
(e) Proof of Serice. Every pleading, paper or other document required by this rule to be served upon a party or his attomey, shall contain a statement by the party or attomey 6ling same that a copy thereof has been served in accordance with this ru1e, stating therein the date and method of service and, ifby mail, the name and address
of each penon served.
Adilition to Regtortu's Nofes, 2005 Anmdment: ktle 5k)0 ha bem ammded. In some countiu, the county clerk, smtes as the oc offcio cluk of the probate dtuision oJthe cirarit court. Atk. Code Ann. S 14-14-502(b)(2)(B). Uncetnintia haue adsm in thae cira,tmstanca about the efea of filing a pleading or paper with tlte wong clerk. A smtrnce has bem aikled to subsection k)0 n make plain that, in thae countia, a party omplia with Rule 5 whm the iloar.mmt is file marked by eithu the cirait clerle or the county cluk. Similar ckrifying language has been ailded to krle of Ciuil Procedure i(b) (filing a complaint), Ailruinistratiue Orda Nunbu 2 (clak's ilocket and j(b) _filing,), and Rule of Appellate hoceilure-Ciuil (fil@ a notice oJappeal).
ARK.I AppBuptx 539 (a) When Depositions May Be Taken. After commencement of the action, any parry may take the testimony of any Penion, including epxty,by deposition upon oral o<amination. Leave ofcourt, granted with or without notice, must be obtained only ifthe plaintiffseeks to
take a deposition prior to the expiration of 30 daln after service ofthe
summons and complaint upon any defendant or service made under Rule 4(e), except that leave is not required (1) if a defendant has served a notice ofaking deposition or otherwise sought discovery, or (2) if special notice is given as provided in subdivision &X2) of this rule. The attendance of a witness rrrjy be compelled by subpoena as provided in Rule 45, but a subpoena is not necessary if the witness is
a party or a penion designated under subdivision (b)(6) of this rule to testify on behdf of a party. The deposition of a pennn confined in prison may be taken only by leave of court on such tenns as the court prescribes.
(b) Notice sf F.=anrination; General Requirements; Special Notice; Method ofRecording; Production ofDocuments and Things; Deposition of Organization.
(1) A party desiring to take the deposition of any penon upon onl examination shall give reasonable notice in writing to every other
parry to the action. The notice shall sate the time and place for taking the deposition and the name and address of each penon to be e:amine4 if known, and if the name is not known, a general description srrfficient to identify him or the particular class or group ro which he belongs. If a subpoena duces tecum is to be served on the person to be enamined, the designation of the materials to be produced as set fofth in the subpoena shall be attached to or included in
the notice.
(2) Leave of court is not required for the taking of a deposition by plaintiffunder subdivision (a) ifthe notice (A) sates that the person to be examinedis about to go out ofthis state, oris about to go out ofthe United States, and will be unavailable for examination unless his deposition is aken before expiration ofthe 30 day period, and (B) sets forth facts to support the statement. The plaintiffs attorney shdl sign the notice and his signature constitutes a certification by him that to the best of his knowledge, information and belief, the statement and supporting facts are true. The sanctioru provided by Rule 71 arc
applicable to the certification.
AppeNDD( [3s9 (3) The party t"king the deposition shrll state in tie notice the method by which the testimony qhell be recorded- Unless the court orders otherwise, it may be rccorded by sound, sound-and-visual, or stenographic mears, and the party r-king the deposition shall bear the cost ofthe recording. Any pafiy may arrenge for a tanscription to be rrade Eom the recording ofa deposition taLen by nonstenoga.phic means. With prior notice to the dqronent and other panies, any party may designate anottrer metiod to record the deponeut's testimony in addition to the metfrod specified by the persoa t tcing tie dqrcsition. The additional record or transcript shall be made 3g thet party's
erpense uoless the court othenrise ordqs.
(4) Unles otherwise agreed by the parties, a deposition shall be conducted before an ofrcer appointed or designated under Rule 28 and shall begin qrith a statement on the record by the officer tl,rt includes: (A) the office/s name and business address; (B) the date, ti-e, and place ofthe deposition; (Q the name ofthe deponenq (D) the administretion oftie oat[ or affrmation to the deponeng and (E) an identification of all persons present. Ifttre deposition is recorded oth€r rhln stenogaphicalln the oficer shal repeat items (A) through (Q at the beginning of each unit ofrecorded hpe or other recordiog
medium. The appearance or demeanor ofdeponents or attomela shall not be distorted though camera or sound-recording techniques. At the end ofthe deposition, the officer shall state on the record ttrat tle deposition is complete xad qhall eet forth ,oy stipulations made by counsel conceming the custody ofthe transcript or recording and the efibiB, or conceming other pertinent matters. (5) The notice to a party deponent may be accompanied by a request made in compliance with Rule 34 for the production of documents and E:ngible thi.S at the t lang ofthe deposition. The procedure of Rule 34 shall apply to the request. The court may on motion, with or without notice, allow a shorter or longer time.
(6) A party may in his notice and in the subpoena name as t&.e dqronent a public or private corporation or a partnership or association or govemmental ageacy and describe with reasonable particularity the matteas on which examination is requested- In ttrat event, the organization so named shdl designate one or more oftcers, directon, or managing agents, or other persors who consent to testify on ig behalfand may set forth, for each penon designated ttre matten on which he will testifi, A subpoena sh:ll advise a nonparty orBanization
ARr.l AppsNDrx 547 ofits duty to make such a designation. The persons so designated sball testify as to matters known or reasonably available to the organization. This subdivision (b)(6) does not preclude taking a deposition by any other procedure authorized by these rules.
(7) The parties may stipulate in wdting or the court rxry uPon motion order that a deposition be aken by telephone or other remote dectronic means. For pu4roses of these nrles, a deposition by such means is taken at the place where the deponent is to arswer questions. (c) Bxaminatioa aad Cross-Examination; Rocord 6f Frarni-nation; Oatfu ObJestions. E)cmiration and cros-esrrination of witnesses may proceed as permitted at the tdal under the provisions of the Arkansas Rules ofEvidence, except Rule 103. The ofrcer before whom the deposition is to be taken sball put ttre witness on oath or affmation and shall penonally, or by someone acting under his
direction and in his presence, record ttre testimony ofthe wimess. The testimony shell be taken stenogrrphically or recorded o, any other method authorized by subdivision (b)(3) of this ruIe. All objections made at the time ofthe examination to the qualiEcatiors ofthe officer tolring the deposition, to tle manner of aking iq to the evi&nce pr$entd, to tle conduct of aq'party, or to arry other aspect of the procee.{ings, qhrll !s 16ted by the ofrcer upon t}re record of the deposition; $ut ths e!.er','inerion shall proceed, with the testimony
being aken subject to the objeaions. In lieu ofparticipating in the oral examination, parties mry serve writteu questions in a sealed envelope oo eittrer the party ' tci.g the depositior in which event he shall (1) transmit such questions to the office, or (2) direcdy upon the ofrcer, who shall propound them to the witness and record the
arswers verbatim-
(d) Schodule aad Duratioo; Motion to Terrrlnate or Limit Exardaation. (1) Any objeaion a deposition *e$ m,rr, be stated concisely and in a non-argumentative and non-suggestive manner. q&EeEt e%€ptie--l cir6"'-"ts$€es, t ..{ penar may instruct a deponent not to answer only when neccsary to pr€serye a reasesrblerge€+€ie{bia-ef privil"ge, to erforce a limiation en-ed&reejrnpesed ilirccteilby fie cowt, or to present a motion under pangraph (3) (4).
542 APPENDD( l3se (2) The court may by order limit the time pemritted for the conduct ofa deposition, but ^Lrll mrc, allow addition l tirne ifneeded for a 6ir examination of the deponent or if the deponent o! aDother parry pmon impedes or delays the examiration.
(3,) Ifthe court finch that ae ary impedimeng delay, or othet conduct has frustrated the 6ir examination of the deponeng it may impose upon the persoDs responsible an bssCieje appropdatc san(lio4 m
cluding the reasonable costs and attomeys' fees incurred by any parties as.a result thereof
{3} (4,) fu any time dudng a depositioa on motion ofa party or ofthe dqronent and upon a showing that the examiration is being conducted in bad Aith or in such m:mner as to iurnoy, embarras, or oppress the deponent ot party, tie corut in which the action is pending or the court is$eJissiet in which the deposition is being taken rnay order the oficer conducting fig eyr',inetion to cease fotthwith ftom r-ki"g the depositioq u may limit tfu sape anil mawer of the taking oJ tlu ilEoition as provided in RuIe 26(c). If the order -rde terminates the examination, it &aS may be resumed thereafter only upon the order of ttre court in which the action is peuding. Upon demand of the objeaing party or deponenq the t ki.g ofthe deposition rhgll mtst be suspended for the time necesary to make a motion for an order. The provisiors ofRule 37(a) (4) apply to the award of eqrerres incurred in relation to the motion
(e) Reviow by Vitnosc; Change; Sigaing. If requested by the dqronent or a pary before completion ofthe deposition, the depo-as11 shefl have 30 daln after being notified by the ofrcer tlat the transcript or recording is arrailable in which to review the transcript or recording and, if there are changes in fomr or sutstance, to "'g" a statement reciting such changes and ttre reasons given by the depo-166 f61 making them. The officer shall indicate in the certificate
prescribed \ suHivision (I)(1) whether any review was requested and, ifso, sball append any chaages rrade by the deponent during the period allowed. (! Cortificatioa by Officer; fxhtbte; Copioe; Notice of Fil-iry. (1) The oficer sh,ll certify that the wimes rrras duly swom by him and tbat the deposition is a true record ofthe testimoay given by the witness. This certific:te shall be in writing and accompany the record
ARK.I AppsNDrx 543 ofthe deposition. The oftcer shall place the deposition in an envelope or package indoned with the title of the action and marked "Depo-
sition of (name ofwitnes)" and, if ordered by the court in which the action is pending pursuant to Rule 5(c), prompdy file it with the clerk of that court. Otherwise, the officer shall send it to the attomey who arranged for the transcript or recording, who shall store it under conditions that will protect it aginst loss, destruction, tampering, or deterioration. Documents and things produced for inspection during the examination of the witness shall, upon the request of a party, be marked for identification and annexed to and retumed with the deposition, and may be inspected and copied by any pafty, except that (A) th. penon producing the materials may substitute copies to be marked for identification, ifhe affords to all parties fair oppornrnity to verify the copies by comparison with the originals, and @) if the penon producing the materials requesn their return, the ofrcer shall mark them, give each party an opportunity to inspect and copy them, and return them to the penon producing them and the materials may then be used in the same manner as if annexed to and retumed with the deposition. Any parcy mey move for an order that the original be annexed to the deposition if it is to be used at trial.
(2) [U]nles otherwise ordered by the court or agreed by the parties, the officer shdl reain, for the pedod esablished for transcripts of court proceedinS in the retention schedule for official court report-ers, stenographic notes of any deposition taken stenographicdly or a copy of the recording of any deposition aken by another method. Upon payment ofreasonable charges therefor, the officer shdl fumish a copy of the transcript or other recording of the deposition to any party or to the deponent; provided that it shall be the duty ofthe party causing the deposition to be taken to fumish one copy to any opposingparty, orin the event there is more than one opposingparty, a copy may be filed with the clerk for the use of all opposing parties, and the party filing the deposition shall give prompt notice ofits filing to all other parties.
(g) Failure to Attend or to Serve Subpoena; Expenses. (1) Ifthe party Sving the notice of the aking of a deposition 6ils to attend and proceed therewith and another party attends in penon or
544 .Aspnlox [3s9 by an attomey pursuant to the notice, ttre court may order the party giving the nodce to pay such other party the reasonable otpeoses incurred by him x1d his atmmey in attending, fudgding reasonable attomey's Ges,
(2) If the party giving the notice of the aking of a dqnsition of a vi1a6s 6ik 16 sgrvg a subpoena upon him and the rrimes because of such 6ilue does not atten4 and ifanother party attends in pe$or or by an attomey because he orpects the deposition oftbat wimess to be aken, the court may order the party giving the notice to pay to such other patty the reasonable o<penses incur:ed by him 6d 6; 46o-, in attending, includi"g reasonable attomey's fees.
Aildldon tn Peportq's Notrs, 2005 Anedlments. Pu,le 30(d) has bem amendeil and its strtsaiotts tmumbmd. Fu many ywrs, Arkansa R:tle j0 ha been sbsuntially imilat a Federal Rule 30. The 2005 dmendnents to Rxb 30(d) ba& dung* made in 2000 a the Fedaal Rule and da$y the dmt dbout b&avio iluring ilqositions, The ammilmenu anfm that the Rule's limiutions actstd beyond prties tt all pasors p*mt at a ileposition. They aLso claifi when a pivilege may be atsefied agaitst a Ewtion. Fomer subseain (2) has bem ilfuided into nerv sabseaiow (2) onil p), andfom* (3) has bem ftnufibercil as (4). See genuafly, Aiblary Committee Note, 2000 Anenlnmu to FRCP 30(4. ru Fetlaal Rv,b\ presumpttue lifltitttiofi on the dututiot oJay ilEosition to orc seven-how ilay has notbeat iuoryoabd intn the Arhawas Fsle.
RULE 43. TAKING OF TBSTIMONNT (a) Fonrr. In all trials, ttre testimony of witnesses shall be.aken em$y in open courg uoless otherwise provided by these rules ot as otherwise pmvided by latt. The awt nay, Ju good ause shown in compelling circamstawa anil ryon apgopiaE s{eguods, pemit pesenution of ttstimony in opm cowt W afltmqnanrous lrarrst tission Jmm a iliferent loatiol. (b) Affionadon in Lisu of Oath. Whenever under ttese rules an oath is required to be aken, a solemn affirmation may be accepted in lieu thereof
(c) Evidonce on Modons. When a motion is bxed on frcts not appeadng of record the court may hear the maBer on aftdavits
presented by the respective parties, or the court may direct that the macer be heard wholly or pardy on oral testimony or dqrosition.
ARILI Appm.rox 545 (d) Interpretem. The court may appoint an irtterpreter of its own selection and may fix his reasonable compensation. The compensation shall be paid out of funds provided by law or by one or more of the parties as the court may direct, and may be axed ultimately as
costs, in the discretion of the court.
Adilitlon to Reportu's No/es, 2005 Ammihnmts: Rule 43(a) has bem ammded in two ways. Continuing the substantial idmtity betwem the Arkansas Rule and FRCP 4i, both oJthae changa minor 1996 rutisions of
tlu Fedaal R:,tle. First, the requiremmt that testimony be takm "orully" has bem eliminateil. The anmdmmt allows testimony through non-verbal m.eans (i.e., uniting, stgn language, or conputn) from a witwss who is unable to speak. Seond, a na,v prorision has been adileil. That prortision gfuu the cbatit oufi ilisnetion to allow tatimony in open aufifrom a ilffaent lomtion by
@nteffiporaneous transmission. Two inportail rcquireruents must infom that discretion: good uuse shoun in ompelling cira,tmstanres and appropriate
safeguarils. Beuuse our legal tradition strongly prefm tutimony in the faa$nilu's ftresence, the irconuenience to a wiinas of attending fiial will not establish gooil uuse or ampelling ciratmstanres, The arumded Rule ontunplata some unexpeded arcnt that rnakcs attmdana by the witnas ury dffiatlt. Ex
ampla of such arcnts include an accident, an illness, or the wed for an efitagency hearing. When tlv witnas's absence un be reaonably anticipated, a dEosition shoulil be the preJmed nethod of seating tlu nsfimony. See
genaally, Advisory Cornmittee's Note, 1996 Ammdment to FRCP 43(a). The ammded Rule also requira the ciruit aurt b adopt appropdate safeguards whm it allows tatimony by ontempotaneous transmission. Those safeguarfu should ensure accilrute iilmtfiution of the witnas, proted against influmct by pusons prcmt with the witnas, and secure accltrate transmksion
of the testimony.
RULE 50. MOTION FOR DIRECTED VERDICT AND FOR JITDGMENT NOTVTIHSTANDTNG \TERDTCT
(a) Motion for Directed Verdict or Dismissal When Made; Etrect. A party nury move for a directed verdict at the close of the
evidence offered by an opponent and may offer evidence in the event that the motion is not granted, without having reserved the right to do so and to the extent as if the motion had not been made. A parry may
546 Asprrvor:< [3se also move for a directed verdict at the close ofall ofthe evideace. A motion for a directed verdict which is not granted is not a waiver of tri"l by jurf even tho"eh all parties to the action bave moved for directed verdicts. A motion for a directed ysrdict shall state thg specific grounds therefor. The order ofttre court granting a motion for a directed verdict is effective without any assent of the jury. tn nonjury cases a party may challenge tle sufficiency ofthe evidence at
ttre conclusion ofthe opponent's evidence by moving either orally or in writing to dismiss the opposing party's claim for relief The motion may also be made at ttre close of all of tfie evidence and in every
instance the motion shall state the qpecific grounds therefor.
(b) lVlotioa for Judgment Notwtthstanding the Vordlct (1) Whenevet a motion for a directed verdict made at the close ofall ttre evidence is denied or for aay reason is not gratrte4 the court is deemed to have submitted the action to the jury subject m a later determination ofthe legal questions raised by the motion.
(2) Not later than 10 dala after entry ofjudgmenq a party who has moved for a directed verdict may move to have the verdict and any judgment ttrereon set aside and to bave judgment entered in accordance with his motion for a directed verdicq or ifa verdict was not retume4 such party within 10 rlap after thejury has been dischatgsd may move for judgment in accordance with his motiou for directed verdict. A motion rrnde before entry of judgment shall become effective and be treated as filed on the day after the judgment is entered- If the court neittrer grans nor denies the motion within 30 dala of the date on which it ls filed or treated as fi1e4 it rhall be deemed denied as ofthe 30th day.
(3) A motion for a new trial may be joined with a motion for judgmeot notwitbstznding tle verdicq or a new rial be prayed in the altemative. If a verdict was retumed the court may allow the judgment to stand or may reopen thejudg"'ent and eittrer order a new tial or direct the enry ofjudgment as if the requested verdict had been directed- Ifno verdict was retumed, the cout may direct the entry of judgment as if the requested verdict hed been directed or may otdet a
new uial.
(c) Same: Coaditioaal Rulings on Grant of Modon. (1) Ifthe motion forjudgment notwitlxanding the verdict provided for in subdivision ft) oft$i. rule is ganted, the court rhefl also n:le on
ARK.I AppBNon< 547 the motion for a new trial, ifany, by determining whether it should be granted if the judgment is thereafter vacated or revened, and shall specrfy the grounds for granting or denying the motion for the new trial. If the motion for a new trial is thus conditionally granted, the
order thereon does not affect the findity ofthejudgment. In case the motion for a new trid has been conditionally granted and the judgment is revened on appeal, the new trial shall proceed unles the appellate court has otherwise ordered. In case the motion for a new trial has been conditionally denied, the appellee on appeal may assert eror in that denial; and if the judgment is revened on appeal, subsequent proceedings shall be in accordance with the order of the appellate court.
(2) The party whose verdict has been set aside on motion for judgment notwithstanding the verdict mey wfile a motion for a new trial purslrant to Rule 59 not later than 10 dap after entry ofthe judgment nonrdtlxtanding the verdict.
(d) Same: Denial of Motion. If the motion for judgment notwittxanding the verdict is denied, the party who prevailed on that motion rn:ry, as appellee, assert grounds entitling him to a new trial in the event the appellate court concludes that the trid court erred in deqnng the motion forjudgment notwithsanding the verdict. Ifthe appellate court reverses thejudgment, nothingin this rule precludes it from determining that the appellee is entided to a new trial or from directing the trial court to determine whether a new trial shall be
granted.
(e) Appellate Review. When there has been a trid by jury, the failure of aparcy to move for a directed verdict at the conclusion of all the evidence, because of insr'fficiency of the evidence will constitute a waiver of any question peraining to the sufrciency ofthe evidence to support the jury verdict. If for any reason the motion is not ruled upon, it is deemed denied for puqposes of obaining appellate review on the question of the sufficienry of the evidence.
Ar*lition to Repofi*'s Nofes, 2005 Ammihnant: Rule 50(c)(2) has bem clarfi.eil by substituting the word "fi\e" for the word "smte." Undet Rule 59, a motionfor a nat tial must be made in unit@ andfiled with the clerle, Rule of Ciuil hocedure 59@€rk). This ammdmmt remwa the
potmtially corfusingreJaerce to seruire of the notion andharmoniza this part of Rule 50 with Rule 59.
548 AppeNDx [3s9 B. ADMINISTRAIIVB ORDER NIJMBER. 2 _ DOCKETS AND OTHER RECORDS
(a) Doclet The cle* shall keep a book known as a "civil dockeg" tlesignated by the prefx "C\I'; a book known as a "probatc dockeq" designated by the prc6x "PR"; a book known as a "domestic relations" docLet " ,leogf',ted by the prefx "DR"; a book known as a "criminal docket " designated by the prefix "CR"; and a book known as a "juvenile dockeg" d€signated by the prefix "J\r'. Each action she1l be entercd in the appropriarc docket book Qs5ss shall $s
assiped the letter prefix corresponding to that docket and a number in the order of 6ling. Beginning with the first case 6led each year,
cases shell be nunrbered consecutively in each docket category with the four digie of the current year, foflowed by a hyphen and the number assigned to the case, beginning with the number'1". For
o<ample:
aiminal cR2002-1 civil cv2002-7 pmbate PR2002-1 domesticrelatiors DR2002-1 juvenile N2O02-1 All papen fred with the clerk, all proces issued and retums thereon, all appearances, orden, verdice and judgmens slull be noted chronologically in the clockes and filed in the folio a<signed to the action and shall be marked wirh its 6le number. These entries shrll be brie4, but shell show the natue of each paper 6led or writ issued and the substance ofeach order orjudgment ofthe court and ofthe returns
showing execution ofprocess. The enty ofan order orjudgment shall show ttre date ttre entry is made. Where there has been a demand for trial byjury it shall be shown on the docket along with the date upon which demaud was mtde, In ounties uhere tlu aunty derh serua as the u-offuio clefu oJ any dirision oJ the c clrit @utt, the frling tEuircntentfor afiy pleailing, papa, uila, juilgmnt, deoa, o rutiee of aypul shall be satifuil whn the ilounmt isfted uith eitlm th! ciwit clerk n ihz aunty dede. (b) Judgments and Orders. (1) The clerk shall keep a judgent record book in which shall be kept a correct copy of every final judgment or appealable order, or order affecting tide to or lien upon real or penond pmperty, and any ottrer order which the court may direct to be kept.
ARIC] AppeNDIx 549 (2) The clerk shall denote the date and time that ajudgment, decree or order is filed by stamping or otherwise marking it with the date and time and the word "fi[ed." A judgment, decree or order is entered when so samped or marked by the clerk, irrespective of when it is recorded in the judgment record book.
(3) If the clerk's ofice has a facsimile machine, the clerk shall accept facsimile transmission of a judgment, decree or order filed in such ruulner at the direction of the court. The clerk shall stamp or otherwise mark a facsimile copy as filed on the date and time that it is received on the clerk's facsimile machine during the regular hours of the clerk's office or, if received outside those hours, at the time the offce opens on the next business day. The date stamped on the facsimile copy shall control all appeal-related deadlines pursuant to Rule 4 of the Arkansas Rules of Appellate Procedure Civil. The original judgment, decree or order shall be substitute -d for the facsimile copy within fourteen dap of transmission.
(4) At any time that the clerk's office is not open for business, and upon an express finding of extraordinary circumstances set forth in an order, any judge -"y make any order effective immediatd by signing it, noting the time and date thereon, and marking or stamping it "filed in open court." Any such order shall be filed with the clerk on the next day on which the clerk's office is open, and this filing date shdl control all appeal-related deadlines pu$uant to Rule 4 of the
Arkansas Rules of Appellate Procedure - Civil. (c) Indices. Suitable indices of the civil, probate, domestic rela-tions, criminal, andjuvenile dockets and of every judgment or order
referred to in Section (b) of this rule shall be kept by the clerk under
the direction of the court.
(d) Othet Books and Records. The clerk shall also keep such other books and records as may be required by law and as directed by the Supreme Court.
(e) Uniform Paper Size. All records prepared by the clerk shall be on8 7/2" x 11' paper. (f) Clerk Defined, When used herein, the term clerk refen to the clerks of the various circuit courts of the state; provided, that in the event probate metters are required by law to be filed in the office of county clerk, then the term clerk shall also include the county clerk for this limited putpose.
550 APPENDtl< [3s9 C. ARTANSAS RLILES OF APPELIIIIE PROCBDI'RE-CTVIL
RI,JLE 3. APPEAI,-HOV TAKEN (a) Modo of Obtaintng Revisw. The mode of bringing a judgment or order to the Supreme Court or Court ofAppeals for review shrll be !y xpp6xl. An apped from any final oriler also brings up for review any intermediate order involving the meris and necessarily atrecting the judgment. An appeal from an order disposing of a posSudgment motion under Rule 4 brings up for review the judgment md any intemrediarc order involving the merie and necessarily affecting thejudgmenl as well as the order appealed from.
(b) How Token. An appeal shall be taken by Gling a notice of appeal with the clerk of the circuit coutt that er ered the judgment,
decree, or order from which the appeal is aken In autties where the aunty derk seta as the u ofuio derk of any ilivlion oJ the cituit @urt, thr jlfug requhenmt shall be utisfed when the wria of appeal hfled with eittet tlu ciruit elerk a the aunty clak. Fultte of the appellant or cr)ss-appellant to take any furthe! stE s to secure review ofthejudgment or decree appealed from shall not affect the vdidiry of ttre appeal or
oos-appeal but shall be ground only for such action as the appellate court deems appropriate, which may include disdsal ofthe appeal or cros-appeal. I{ however, the record on appeal hes not been filed pursuant to Rule 5 ofthese rules, the circuit court in which tie notice of appeal uras filed may dismiss the appeal or cross-appeal upon petition ofall pmies to the appeel or cros-appeal accompanied by a joint stipulation that the appeal or cros-appeal is to be dismirsed-(c) Joirlt or Consoli&tod Appoals. If two or more penions are entided to appeal and their interests are such as to make joinder practicable, they may file ajoint notice ofappeal or mayjoin in the appeal after 6ling separate, timely notices of appeal and they may thereaftet proceed on appeal as a single appellanr Appeals may be consolidated by or&r ofthe Supreme Court upon iB own motion or
uPoD motion ofa party.
(d) Cross-Agrcals. A cros-appeal ruy be taken by filing a notice of cros-appeal with the derk of the circuit cour dlat entered the judgt"ent, decree or order being appealed. (o) Con&rt ofNotice ofAppeal or Cro*s-Appeal A notice of ) appeal or cros-appeal shall specify the party or parties rking the
ARK.I AppsNDtx 551 appeal; shall designate the judgment, decree, order or part thereof appealed from and shall designate the contents ofthe record on appeal. The notice shall also contain a statement that the appellant has ordered the transcript, or specific portions thereof, if onl testimony or proceedings are designated, and has made any financial arrangemenB required by the court reporter pursuant to Ark. Code Ann. S 16-13-510(c). The notice shdl also state whether the appeal is to the Court ofAppeals orto the Supreme Court; andifto the Supreme Court, the appellant shall designate the applicable subdivision ofSupreme Court Rule 1-2(a) which gives the Supreme Court jurisdiction. This declaration shall be for the puqpose ofplacing the case with one court or the other for preliminary administration. It shall not preclude the appellant from filing his or her Brief punuant to Supreme Court
Rules 4-3 and 4-4 in the dtemative court ifthat is later determined by the appellant to be appropriate.
(f) Serice ofNotice ofAppeal or Cross-Appeal. A copy ofthe notice of appeal or cross-appeal shall be served by counsel for appellant or cross-appellant upon counsel for all other parties by *y fonrr of mail which requires a signed receipt. lf a patty is not represented by counsel, notice shall be mailed to such pe&y at his last known addrEss. Failure to serve notice shdl not affect the validity of
the appeal.
(g) Abbreviated Record; Statement of Points. If the appellant does not designate for inclusion the complete record and dl the proceedings and evidence in the action, he shdl serve with his notice of appeal and designation a concise statement of the points on which he intends to rely on the appeal.
Addttton to Reporter's Nores, 2005 Ammilment: Rule j(b) has been amaniled. In some countia, the aunty clerle sava as the ex oficio derk of the probate iltuision of the ciratit court. Ark. Coile Ann. S 14-14-502(b)(2)(B). Unmtaintia haue arism in thae cirurnstanca about the {ea ffiling a notice oJ appeal with the twong clule. A smterce has been added to subsecti.on p) to make plain that, in thae countia, a pariy mmplia with Rule 3 whm the
notice of appeal is file markeil by eithu the ciruit derk or the aunty clnk. Similar ckrifying language ha been added to Rule of Ctuil Proceilure i(b) (fiW a omplaint), Rule of Ciuil Procedure 5(c)(1) (filingpapas ingenual),
and Administratfue Oiler Number 2 (duk's docket andfiling).
5s2 AppBrvon< [3se RULE 5. RECORD-'TIME FOR FILING (a) When Filed. The record on appeal shall be filed with the clerk of the Arkansas Supreme Court and docketed therein within 90 dap from the filing ofthe fint notice ofappeal, unless the time is extended
by order ofthe circuit court as hereinafterprovided.'Wheq however, an appeal is aken from an interlocutory order under Rule 2(a)(6) or (7), the record must be filed with the clerk of the Supreme Court within thirty (30) dap from the entry ofsuch order.
(b) Extension of Time. (1) If any party has designated stenographically reported material for inclusion in the record on appeal, the circuit court, by order entered before erpiration of the period prescribed by subdivision (a) of this rule or a prior extension order, may extend the time for filing the record only if it makes the following fuldings:
(A) The appellant has filed a motion explaining the reasons for the requested extension and served the motion on all counsel of record;
(B) The time to file the record on apped has not yet e:4pired; (C) AII parties have had the opportuniry to be heard on the motion, either at a hearing or by responding i, writing; @) The appellant, in compliance with Rule 60), has timely ordered the stenographically reported materid from the court reporter and made any financid arrangements required for its preparation; and
(E) An extension oftime is necessary for the court reporter to include the stenographically reported material in the record on appeal.
(2) In no event shall the time be extended more than seven (7) months from the date of the entry ofthe judgment or order, or from the date on which a tim+ postjudgment motion is deemed to have been disposed of under Rde a@)(1), whichever is later.
(l) lf *e appeUa* is us*Ule to ien Evenf the appellanthas not achausteilhk orhaighttn seele extensions of the rccoful due date Jrom the cintit aufi, before erpimtion of the period prescribed by subdivision (a) ofthis rule or a prior extension order, the appellant may file with the clerk of the Supreme Court a petition for writ of certiomri punuant to Rule 3-5 of the Rules of the Supreme ) Court and Court ofAppeals.
ARK.I AppsNDD( 553 (c) Patial Rscord. Pdor to the time the complete record on appeal is fled with the clerk of the Arkamas Supreme Court as provided in this nrle, ary party may docket the appeal to maLe a motion for dismisal or for any otier intermediat€ order by 6ling a partid record with the clerk" At tle request ofthe moving party, the clerk ofthe ciruit court that enrcred thejudgmeng &cree, or order from which the appeel is taken rh2n certify ttre portion ofthe record ,les'gryted by that pa$y as being a true and corect copy. It shrll be the reqponsibility of the moving party to trarsmit the certified partial record to the detk ofthe Arlansas Suprcme Court
Adldon to Reprtn's Notts, 2005 Amanilmant rub 5PX3) hat beat ftuised afin daijd. This amnilment wamles ihe &tparc Coutt's ilelision it Cogitts o. Cogins, 353 Ark. 431, 108 S.W.3d 588 (2003) bet aniam). In that case, iln Coutt diviiW jmr a ihra in htapt*itrg the 2003 Anendnmt tt Rtle 5(b)(3). The Cryins n4juity disnis*d the appeal without reuhing dre tnedo. It helil thot an appellant nay not fle a pmial rcorl and pAitbnfu eliorad unless ote of turo rcqitwrrents was sdtified: the apdlant mst eitha have qhausuil ihe satm nonils of rcod *tnsions auilabb Jron ihe druit coatt ot ibmonsfiate an bubility u obtah an atasbnfroni tlu citwit ourtfw nme otha naon, Cagins, 35i Afu, at 435, 10E, S,W,3il a! 59U91.
Thb amendnent cbtfa that P,yb 5(bX3) esdni&cs no uhaustion or iaability re4uianent ot perttiotrs fo etiuai to anpleb a gartial qpul rcatu|. Unda tlu btg+undilg gaaitt af Arkansas\ appellaA ourts, no mdr nquircmenls *isteil. A*nsos lat obllgates huryen tofle an appeal rcoil on
tine to establish WelhtN jutisilidiorr. E4, Seay t Wildlife Fams, Ittt., 342 Arh. 503, 509, 29 S.W.3d 711,715 (2000), Misittg tlut deaillitw fu a ciril case meorc that tlu paai* will not ftafue a ilerision on the r,eits, Ibiil, To promolc ile&ions on the maits, oar Rttbs sbuld allou latyers to jle a pattial rcani|, seaue appelhtc jutisiliaion, and thn onplAt tfu nrnl ponptly by cenioai. This amenilment rcinstaes thit salutary flafui.e. RULE 5. RBCORD ONAPPEAL (a) Compodtion of Record. The record sfiell lg g66pil€d in accordance with tle tules ofthe Arkansas Supreme Court and Court ofAppeals. (
554 AppsNDD( [3se (b) Transcript ofProceedings. On or before filing the notice of apped, the appellant shall order from the reporter a transcript of such parts of the proceedings as he has designated in the notice of appeal and make any financial arangemenB required by the court reporter pursuant to Ark. Code Ann. S 16- 13-510(c). tfthe appellanr inrends to urge on appeal that a finding or conclusion is unsupported by the evidence or contrery thereto, he shall include in the record a eanscript ofdl evidence relevant to such firdirrg or conclusion. Ifthe appellant has designated less than the entire record or proceeding, the appellee, if he deems a tmnscript of other parts of the proceedings to be necessary, shall, within ten (10) days after the filing of the notice of appeal, file and serve upon the appellant (and upon the court reporter if additional testimony is designated) a designation of the additional pafis to be included. The appellant shall then direct the reporter to include in the transcript dl testimony designated by appellee. (c) Record to be Abbreviated. All matters not essential to the decision of the questions presented by the appeal shall be omitted. Fomrd parr ofdl exhibits and more than one copy ofany document shall be excluded. Documents shall be abrifued by omitting all irrelevant and formal portions thereof. For any infraction of this rule or for the unnecessary substitution by one party of evidence in question and answer fomr for a fair narrative statement proposed by another, the appellate court may withhold or impose costs as the circumstances of the case and discouragement of like conduct in the future may require; and costs may be imposed upon offending
attorneys or parties. 'Where parties in good 6ith abbreviate the record by agreement or without objection from opposing parties, the appellate court shall not affirlrr or dismiss the appeal on account of any
deficienry in the record without notice to appellant and reasonable oppornrnity to supply the deficiency. Where the record has been
abbreviated by agreement or without objection from opposing par-ties, no presumption shall be indulged that the firrdirrgr of the circuit court are supported by *y nratter omitted from the record. (d) Statement of the Evidence or pto""sdings \Fhen No Reportwas Made orthe Transctiptis Unavailable. Ifno report of the evidence or proceedings at a hearing or trial was made, or if a
transcript is unavailable, the appellant may prepare a statement of the evidence or proceedings from the best means available, including his
\ recollection. The statement shdl be served on the appellee, who may serve objections or proposed amendments thereto within ten (10)
ARx.l AppeNDx 555 dap after senrice upoo him. Thereupon the sateraent and any objections or proposed amendmenB shall be submitted o the circuit cout for setdement and approval and as setded aud approved rhall be included in the record on apped by the clerk ofthe ciruit court tlat eDtered the judgmeng decree, or order ftom which the appeal is aken-
(e) Correcdon or ModiGcadon ofthe Record. Ifany diftrence aris$ as to whether tle record tuly discloses what occutred in the circuit court, tle difference shall be submited &y moa'or to and setded
!y that sout and the record made to conform to the truth, fanything
materid to either party is omitted ftom the record by error or accident or is misated therein, the parties by stipulation, or the circuit courq d&er Horeor*er the record is transmitted to the appellate courg or the appellate cou:t on plep€E-{usestieq uotion, ot on its own initiative, may direa tlat the omision or mistatement shall be corecte4 and ifnecessary, th.t a supplemental record be cettified and aansmitted" AII other questiom as o form and content ofthe record rhrll $g ptessnted s6 ttre appellate court No oneaion u noillfation oJ
tlu rcad shall be naile wiihout ptiot notice to all pattits.
Aililmon to Rqofia's Note, 2005 Amailmatts: Fab 5(e) ha been amaileil in thrce uays: it dunga Aftansa ltu about ulich aufi citalit or qpellae - has jutitdidion to wrcet at nodfu tlu rearil in -a case on appul; it rcqaira notice b all ptties b{on any outt alten the rcail; anil it dafifa that thc paties shouW pneeil by motbn when xebng u alter tle re.oil,
Amenned Rale 6@ prwva judsilictlon in the ciwit autt a rmra u modfu tle wrd fier a patyfles a wtitz of appul anil b{orc the patyfla the rcail with ile cletk oJ the Sapene Coutt anil Court of Appeab. TIE 2005 ammilnent eliuinatBs tle druit awt\ jutixliaion to alw tle rcard $cr it hat beenfled. Frofi th4t NntJa drd, tlu appellau aurthas jurlsdidion a onal u noillfy ihe rco l or mnanil u the ciruit ourtfu it a orcida iloing JO, This amenilment oramla in patt both che Supmu Court's rccnt dedsion t C,ote t llentlanil Comma ty tunb, No. 03-791, 2004 WL743802 (8 Ayil 2004), anil Daie v, Smoot, 202 Arb, 294, 150 S.W.zd 50 (1941). Applyinefomet F.rb 6, @rc alloueil a thuil coxn b nod{y the naril uhle the etse ua pmiling in the &Etene Court. Davie is a pre-Rila ase, vhidt holtb tlut fiial courts have antinuing jutbiliaion to oma reands evn uhile a ase b on appeal, ,4s wted by the anmning opinion h Corc, tlu fottra
APPBTDD( [3se rasion of Rde 6 @r$Lsed pntia uil deahd dn ununable ination: simaltancoasjutisiliaion fu thc anell4v coutt afil ilu cituit 6urt to alter tle retotul on appul. The better praaie b a have a hight jttisilidionalliw, ukidt tlv annded Rile pwida. Morcwe\ arnendeil Rale 5 preserues tlu appellaa autu' oJten-used authmity a nnanil the use tt the cintit @utt u satb tlp rca. 71u last smuae aJ the aumileil Rttle b new. ,* both opinions in C'ore pointeil out, thcJomet version of Ralc 6(e) anuined no requbemart oJ notia to the paftia b{are any awt nodfuil the ftoril. The befrq ptddie h fot all parties to have ihe oppottunity u be henil on prcpoxd elatges. Tlw ananleil Rule requircs wtia of all pnpoxil clunges u the rcaril.
Finally, anendd Rule 6(e) donfes thtt poties shoulil seeb noilifiutions and oreaiotts of the nard W noti*. Tha rcquiwnmt will help ptwidc notia od ahieve tlu Rsle's lurpose: u nake tlu rcc,nil on apgwl acanably rSed what luppewil in the &atit outt. D. RT,JLBS OFTHEARKANSAS SUPREMB COURT AND THE ARXANSAS COURT OF APPEAI.S
R['LE 4-2. CONTENTS OF BRIBFS (a) Contsnts. The contene of the brief shall be in the following orden
(1) Table ofconteats. Each bridmust include a uble ofcontene. It should rcference tie page number for the beginning ofeach ofthe
m4jor sections i&ntified in Rule ,l--2(a)(2)-(8). The able of contens also should indu& reGrences o ttre alxtract listing the neme ofeach witness with the page number at which tle testimony begins and references to the Addendum l'sting each document with the page number at which it appears in the Addendum-
(2) Infonnadoual statemellt and Jurtsilicdonal statoment. The Informationel Statemeot and Judsdiaiond Satement required by Supreme Court Rule 1-2(c). (3) Poina oa appeal The appellant shall list and separately num-ber, concisely and without aryument, the points relied upon for a revenal ofthejudgment or decree. The appellee will follow tie same
ARK.I AppsNDrx sequence and arrangement of poins as contained in the appellant's brief and may then sate additional points. Either Party may inserr under any point not more than rwo ciations which either considen to be the principal authorities on that point.
(4) Table of authorities. The able of authorities shall be an alphabeticd lirtirrg of authorities with a designation of the page number of the brief on which the authority appean. The authorities shdl be grouped as follows:
(A) Cases (B) Statutes/rules (C) Books and treatises (D) Miscellaneow (5) Abstract. The appellant's abntract or abridgment of the transcript should consist of an impartid condensation, without comment or emphasis, of only such materirl prrtt of the testimony of the witnesses and colloquies between the court and counsel and other parties alr are necessary to an undentanding of dl questions presented
to the Court for decision. Depositions shall be abstracted in a similar fashion. For ease of abstracting, the court reporter shdl provide the
attomey, at cost, a copy of the transcript in an electronic form, e.g., a computer diskette, so that materid may be electronicdly copied and placed in the abstract. (lfthe court reporter does not have the requisite equipment, then this requirement shall not apply.) Pleadings and documentary evidence should not be abstracted- On a second or subsequent appeal, the abstract shall include a condensation of all
pertinent portions of the transcript 6led on any prior appeal. Not
more than one page ofthe transcript shdl in any insance be abstracted without a page reference to the tanscript. In the absracting of testimony, the fint penon (i.e., "I") rather than the third penon (i.e., "He, She") shall be used. The Clerk will refuse to accept a bdefifthe
testimony is not abstracted in the first penon or ifthe abstract does not conain the required references to the record. Whenever a map, plat, photograph, or other similar exhibit must be e:ramined for a clear undentanding of the testimony, the appellant shall reproduce the exhibit by photography or other process and include it in the Addendum with a reference in the abstract to the page in the Addendum where the e:<hibit appea$ unless this requirement is ( shown to be impracticable and is waived by the Court upon motion.
558 AppeNDD( Isse (6) Statemstrt of the Case. The appellant's brid shall contair a concise statemeot ofthe case witlout argument. This statement rhall
be denoted as the "Satement ofthe Case," shall 616i1ri1, not exced two pages in length, and slull not exceed five pages without leave of the Court. The pages of the statement of the case shall appear immediately preceding the argument and are not counted aginst the page limits ofthe Argument set out in Rules 4..1 ft) and ,t.3 (e). The satement of the case should be suftcient to enable tie Court to undenand t&e nature ofttre case, the general 6ct situation, the aaion taken by the trial courg and must include page reGrences to the abeuaa and Addend',- . The Clerk will refrse to accept a bridif the required tderences to the abntract and Addendum are riot included-The appellee\ bdefneed not conain a satement ofthe case unless the appellant's satement is deemed to be controverted or insufrcienl
(7) Argumrrrt. ehrll ls pressffgd under subheadings numbered to correspond to the outline ofpoints to be relied upon. For each isue, the applicable standard of review shall be concisely stated at the beginning of the discussion of the issue. Citations of decisions of the Court which are officially reported must be fiom the ofrcial repore. All ciations of decisions of any court must state the style ofthe case and the book and pags in which the case is found" If the case is also reported by one or more unofrcial publishers, these should also be citd ifposible. Reference in ttre argument portion of the parties' brie6 to material found in the abstract and Addendum shall be followed by a reference !o the page number of the abstract or Addendum at which such material may be found. The number of pages for argument shell 6smpty v/itl Ruh a-1@). (8) Addsndr:".. Following the signature and certifcate ofsewice, the appellantt brid shell sontain an Addendum which shall include
true and legible photocopie ofthe order, judgment, d€cree, ruling, letrcr opinioo, or 'Workers' Compensation Commission opiniou fiom which the appeal is aken, along with any other relevant pleadings, documene, or erLibie esential ,o an ,o6ffgtanding ofthe case and the Court's jurisdiaion on appeal In the case of lengtbry pleadings or documents, only relevant excerpts in context need to be included in the Addendum- Depending upon the issues on appeal tie Addeudum may indude such materials as the following a contraq will, leasq or any other documeng proffers of wi&ace; jury instructions or profferedjury inseuctions; the court's fin.lings and conclusions of law; ordeq administrative law judge's opinion; discovery
ARK.I AppeNDrx 559 documents; requests for admissions; and relevant pleadings or docu-menB essential to an undentanding of the Court's jurisdiction on appeal such as the notice of appeal. The Addendum shall include an index ofis contents and shdl also be clear where any item appearing in the Addendum can be found in the record. The appellee may prepare a supplemenal Addendum if materid onwhich the appellee relies is not in the appellant's Addendum. Punuant to subsection (c) below, the Clerk will refuse to accept an appellant's brief if is Addendum does not contain the required order, judgment, decree,
ruling letter opinion, or administrative law judge's opinion. The
appellee's brief shall only conain an Addendum to include an item which the appellant's Addendum 6ils to include. (9) Cover for bdefs. On the cover of every brief there should appear the number and sryle of the case in the Supreme Court or Court ofAppeals, a designation of the court from which the appeal is taken, and the name ofits presiding judge, the title of the brief (e.g.,
"Absract, Addendurn, and Brief for Appellant"), as6 the name or rulm€s of individual counsel who prepared the brie{, including their addresses and telephone numben.
(b) Insufficiency of appellant's abstract ot Addendum. Motions to dismiss the appeal for insuficienry of the appellant's abstract or Addendum will not be recognized. Deficiencies in the appellant's abstract or Addendum will ordinarily come to the Court's attention
and be handled in one of three ways as follows:
(1) If the appellee considen the appellant's abstract or Addendum to be defeaive, the appellee's brief should call the deficiencies to the
Court's attention and may, at the appellee's option, contain a supplemenal absract or Addendum. When the case is considered on its meris, the Court may upon motion impose or withhold costs, including attomey fees, to compensate either party for the other party's noncompliance with this Rule. In seeking an award of costs
under this paragraph, counsel must submit a statement showing the cost of the supplemental abatract or Addendum and a certificate of counsel showing the amount of time that was devoted to the preparation of the supplemenal abstract or Addendum.
(2) Ifthe case has not yet been submitted to the Court for decision, an appellant may file a motion to supplement the abstract or Addendum and file a substituted brief. Subject to the Court's discretion, the Court will routinely grant such a motion and give the appellant fifteen (
560 Apper.rour [3se dap within which to file the substituted absrracr, Addendurru and brief If the appellee has dready filed it brief, upon the filing of appellant's substituted abstract, Addendum, and brief the appellee
will be afforded an oppornrnity to revise or supplement its brie{ at the expense ofthe appellant or the appellant's counsel, as the Court may,
upon motion, direct.
(3) Whether or not the appellee has called attention to deficiencies in the appellant's abstract or Addendum, the Court may address the question at any time. If the Court finds the abstract or Addendum to be deficient such that the Court cannot reach the merits ofthe case, or such as to cause an unreasonable or unjust delay in the disposition of the appeal, the Court will notifr the appellant that he ot she will be
afforded an opportunity to cure any deficiencies, and has fifteen dap within which to file a substituted abstract, Addendum, and briefi at his or her own expense, to confonn to Rule +2 (a)(5) and (8). Mere modifications of the original brief by the appellant, as by interlinea-tion, will not be accepted by the Clerk. Upon the filing of such a substituted brief by the appellant, the appellee will be afforded an opportunity to revise or supplement the brie( at the expense of the appellant or the appellant's counsel, as the Court may direct. If after the oppornrnity to cure the deficiencies, the appellant 6ils to file a complying abstract, Addendum and briefwithin the prescribed time, thejudgment or decree may be affirmed for noncompliance with the
Rule.
(c) Non-compliance. Brie6 not in compliance with the fomrat required by thi, Rule shdl not be accepted for filing by the Clerk.
Whm a party submi* a bief on thne that substantially complies with these Rula, the Clqk shall.mark tlu bdeJ "undaeil" , glant the pafiy a satm-day ampliance actutsion, and retum the bdef to the party fu anedion. If the party raubmits a annpliant brieJ within sam (7) ulmdar days, thm the Clerk shall accept that b;effwfifing on the date it k rceived.
RI.'LE 4-3. BRIEFS IN CRIMINAL CASES (a) Bdef,s in chief-Vhen the state is the appellee. In criminal cases in which the Sate is the appellee and in which appellant is not indigent the appellant shdl have 40 days from the date the transcript is lofued to file 17 copies ofthe briefwith the Clerk. Upon the 6ling of the brie[, the appellant shdl submit proof of senrice of nvo additiond copies ofthe briefupon the Attorney General and one copy upon the circuit court.
ARx.l AppeNDo< 561 (b) BdsG in c.hieFVhe! rtate ls the appellant ln aiminal cases in which the State is the appellang ttre procedure qhell be the same as in sub,section (a) excqt the State shqTl fi[g 6nly tJ g6pies ofthe bridwith the Clerk and fumish evidence of serice upon oppo<ing coursel and tJre cirorit court.
(c) Ap,pelleo's brlef. The appellee shall have 30 dEn ftom the 6ling of the appellant's brief to file 17 copies of the brief with the Clerk and such firrther absrract and Addendum as may be aecesary to a 6ir &termination of the case. Proof of service upou opposing counsel and the circuit cou is requircd (d) Reply brioc The appellant shall have 15 days from the date that the appelleet b'dd is fild to fiIe 17 copies of the reply bdd and fumish evidence ofservice upon the opposing counsel and the circuit
court.
(e) Page llmlte on bde6. The argument portion oftle appellant's and the appellee's brie8 shrll not exceed 25 double-spaced typewritten pages including the conclusion, ifany, with a 15 typewtinen pags limit upon the reply btie{ except that ifeither limitation is shown to be too stringent in a particular case, and ttrere has been a good 6ith effott to comply with the page limie, it may be waived on motion.
($ Mlsdmrcanor casos subject to dlsmiss.l. In misdemeanor cases, 6ilure of the appellant to 6le a brief within the tirne limit renden the case subjecl to disrnisral as in civil cases pusuant to Rule +5. (g) Appollaads &rty to abstract record. In all Glony cases it is the duty of the appellanq whether rqrresented by retained counsel, appointed counsd or a public defender, or acting pro se, to abntract such parr ofthe tnnscript and to include in the Addendum such pars of the recor4 but only such parts, as are rraterial to the poiats to be argued in the appellant's brief
(h)' Court's revlow of etrors in death or llfe inprisorment casoa. When the sentence is death or life imprisonmenq the fturt must review all erron prejudicial to the appellant in accordance with Ark. Code Ann. Sec. 7G97-773(a). To make that review posible,
the appellant must abstact, or include in the Addendua:, as appro-priate, all n:lings edverse to him or her made by the cirorit court on all objections, motions and request mrde by either party, together ( with such pam ofthe record as are needed for an undersanding of
Apprr.rox [35e each adverse nrling. The Attomey G€neral will make certain and certify th2t all ofthose objections have beeD abstracted, or induded in the Addendum, and will bdef all poins argued by the appellant and any other points th2t app€ar to involve prejudicial error.
(t) PrEraration of btie6 for lndigent at lrcllaub. When an indigeut appellant is rqrresented \ appointed counsel or a public deGnder, the a$omey may have the brie6 reproduced by submitting one unbound rlouble-spaced typewritten manuscript to the Anomey Genetal and one to tle Clerk not later then the due date ofthe bdef In such irstances, the tirne for ttre f,ling of the Attomey General's briefis exeaded by 6ve days.
(i) Vtth.flawal of couusel. (1) Any motion by counsel for a defendant in a criminal or ajuvenile delinquency case for permision to withdraw made after notice of appeal has been given shdl "hrfl be addressed to the Court, con6in a satement ofthe reason for the request and shall be served upon the deGndant personally by firt-class -oil. A reque$ to vr/ithdraw on the ground that the appeal is wholly without merit shall be accompanied \ a briefincluding an abstract and Addendum. The briefshell contain an argument section that consists ofa list ofall rulings adverse to the defendant made by the circuit court on all objections, motions and requests made by either pafty with an eq anation as to why each advene nrling is not a meritorious ground for rwelsal. TLe ab,snact and Adclendum of the bdd shall conain, in addition to the other
material pans ofthe record, all rulings adverse to the aleGndant made by the ciruit courr (2) The Clerk shall fumish the appellant with a copy ofthe appellant's counsel's brid and advise the appellant that he or she has 30 days within which to raise any poins tbat he or she chooses, and tlat thi"
may be done in typewritten or hand printed form and accompanied by an afidavit tlat no paid assisance from any inrate ofthe Department of Correction or of any other place of incarceration has been received in the preparation ofthe reqronse.
(3) The Clerk shall serve all such responses by aa appellant on the Atomey General, who shall file a brid for the Sate, pusuant to seaions (e) and (I) ofthis Rule, within 30 deys aftet such service and sere a copy on the appellang as well as on che appellant's counsel,
ARK.I Appnupx 563 (4) After a reply brief has been filed, or after the time for filing such a brief has expired, the motion for withdrawal shdl be submitted to the Court as other motions are submitted. If, upon consideration of the motion, it shall appear to the Court that the judgment of the chcuit court should be affirmed or reversed, the Court may take such action on iB own motion, without any supporting opinion.
(k) Continuances and extensions of time. (l) The Clerk or a depury clerk may extend the due date of any brief by seven [) cdendar days upon oral request. If such an extension is granted, no further extension shall be eete*dned-exeept granteil except
by the Clukfor anpliance with thae Rula as prodded in Rule 4-2(c) orby the Court upon a written motion showing good cause.
(2) Stipulations of counsel for continuances will not be recognized. Any request for an extension oftime (except in (kxl)) for the filing of any briefmust be made by a written motion, addressed to the Court, setting forth the facts supporting the request. Eight copies of the
motion are required. Counsel who delay the filing of such a motion until it is too late for the brief to be filed ifthe motion is denied, do so at their own risk.
RI,'LE 4.4. FILING AND SER\rICE OF BRIEFS IN CTVIL CASES
(a) Appellant's brief. In dl civil cases the appellant shall, within 40 dap oflodging the record, fr7e 17 copies of the appellant's briefwith
the Clerk and fumish evidence ofservice upon opposing counsel and the circuit court. Each copy ofthe appellant's briefshall contain every item required by Rule 4-2. Unemployment compensation cases
appealed from the Arkansas Board ofReview may be submitted to the Court of Appeals for decision as soon as the transcript is filed, unless the petition for review shows it is filed by an attorney, or notice of
intent to file a brieffor the appellant is filed with the Clerk prior to the filing of the transcript.
(b) Appellee's brief--Cross-appellant's brief. The appellee shall file 17 copies ofthe appellee's brief,, and ofany fuither abstract or Addendum thought necessary, within 30 dap after the appellant's
brief is filed, and fumish evidence of service upon opposing counsel and the circuit court. lfthe appellee's briefhas a supplemental abstract or Addendum,. it shdl be compiled in accordance with Rule 4-2
( and
5& AppsNDD( [3se included in or with each copy ofthe brid This Rule shall apply to ctos-appellanr. If the cros-appellant is also the appelleq the two separate arguments may be conained in one bri{ but each argument is limited to 25 pages. (c) Re'ply bri&Cross-appellant's rq y bricd, The appellaot may file 17 copies of a reply btidwithin 15 days after the appellee's brid is 6ld xafl chall furdsh evidence of service upon opposing counsel and the circuit court. This Rule shall apply to ttre cros
appellantt reply bridexcept it must be 6led within 15 days after the ctos-appellee's bdef is filed-
(d) Bvtdence of cerrlco. Brie6 rcn&red to the Clerk will not be filed urles evideDce ofservice upon ol4rosing counsel and the circuit coutt hss been ftmished o the Clelk" Such widence may be in the form ofa letter signed by counsel nrrning the attomey or ettome)r3
and the circuit court to whom copies ofthe briefhave been mnilgd q1 delivered-
(e) Subnrtesion. The case qhall be subject to call on the next Thunday (in the Suprerre Court) or Wednesday (in the Court of Appeals) after the expiration ofthe time allowed for 6ling the reply bdefofthe appellant or the cros-appellant
(f) Conthuancec and extendors of dmo. (1) The Clerk or a deputy clert may extend the due date ofany brid by seven (7) calendar dap upon oml request Ifsuch an extension is granted, no ftrther extension rhrll be e*eeireCqreept gra*il aqt by the Clokfn onp\ore dth these Rules as pwided in tule 42(c) uby the Court upon a wd*en motion showirg good cause.
(2) Stipulatiors ofcounsel for continuances will not be recognized. Any request for an extension of time (except in (f)(1)) for the 6ling of any briefmust be made by a writtea motion, acldresed to the Cou:t, setting forth the 6cts supporting the requesr Eight copie* of the motion must be 6led for Supreme Court cases and fourteea copies of the motion must be filed for Court of Appeals.rro. 66.nsel who delay the 6ling of such a motion until it is too late for &e bridto be fled ifthe motion is denie4 do so at tleir own rislc
ARK.I AppBr.IDIx 565 IN RE: RULES of CRIMINAL PROCEDURE, Rule 11.1 and Form of Summons for Surety
Supreme Court ofArkansas Opinion delivered November 18, 2A04
nn Cunrarvr. Of the proposals which the Supreme Court Committee on Criminal Practice submitted to the court,
which were published for comment onJuly 7,2004, today, we adopt the amendment to Rule 11.1 ofthe Rules of Criminal Procedure and republish the rule as set out below. We also adopt the Forrn of Summons for Surety as set out below and direct that the fomr be appended to Rule 9.5 of the Rules of Criminal Procedure. We express our gratitude to the memben of the Crimind Practice Committee for their work. These amendments are effectiveJanuary
1, 2005.
1. Arkansas Rule of Criminal Procedure. Rule 11.1 Authority to search and seize pursuant to consent.
(a) A" officer may conduct searches and make seizures without a search waJTant or other color of authority if consent is
given to the search.
(b) The state has the burden ofproving by clear and positive evidence that consent to a search was freely and voluntarily given. and that there was no actual or implied duress or coeroon.
(c) A search of a dwelling based on consent shall not be valid unds; this rule unless the penon g"i"S the consent was advised of the right to refuse consent. For purposes of this subsection, a "dwelling" means a building or other structure where any penon lives or which is customarily used for overnight accommodation ofpenons. Each unit ofa structure divided into separately occupied units is iself a dwelling. Reporter's Notes to 2004 Amendmen*: The 2004 amendments added subsections (b) and (c). Subsection O) codifies the burden of proofimposed on the state beginning with such cases x Snoggins rt.
566 Appnltor< [3se &are,268 A*.267,5955.W.2d279 (1980) and Rodri4uez v. Stot , 262 A*.659, 559 S.W.2d 925 (1978). Arkansas Supieme Court jurisprudence on conseosual searches requires the state to prove the volunary character of consent by ttclear and positive evi-dence" or "clear and positive testimony." Subsection (c) incorporates the holdi"g of Srzre v. Btoum, A!k. S.W.3d (2004), which requires that a hom e dweller be advised ofhis o r her right to refirse consent to a search of the -d,w ell -in g. 2. "Otder for Is$rance of Arost Varant and Surrmons/Order for Surety to Appeaq" Inrplememting Act 752 of 2003 Arkaruas General Assombly; To be appondod to RuIe 9.5, Rules of Criminal Procsduro.
[Odor fot Issuance ofArrest Varraat and Ssmmons/Order for Surety to Apperl INTIIB CIRCUIT COURT OF COI,'NTY,ARTANSAS DTVISION
STATE OF ARXANSAS PIJIINTIFF vs. NO. CR. DEEENDANT
ORDER FOR IIISUANCE OF ARRES'T VARRANT AND STJMMONS/ORDER FOR ST]RETYTO APPEAR
On this day of 2O-., comes on for consideration ttre oral motion of the State of Arkansas, by irs Prosecuting Attorney for this Counry, requestirg the forGiture ofthe deGndant's bail bond and issuance ofan alias bench warrant fo r the immediate arrest ofthe defendant. From the statements of ttre Prosecuting Attomey, a review ofthe records applicable to this case, and the applicable law, the Court 6n& that: -,
ARILI Appm.rorx 567 (1) The defendant had been directed to appear before the Court on this date at o'clock m. but failed to respond or to appear before the Court as directed. (2) The defendant has been released from custody, having caused a bail bond to be executed in favor of County, Arkansas in the penal sum of $ with said defendant as orincinal and as surety thereon, which bond guaranteed the defendant's appearance on said date and on all dates as directed by the Court in these
proceedings.
(3) No reasonable excuse has been advanced to justify the defendant's failure to appear as directed. THEREFORE' it is herein considered, ordered and adjudged that the Circuit Clerk be, and here\ is directed to promptly cause an alias bench warrant to be issued for the immediate arrest of the deGndant, and to cause the warrant to be delivered to the Sheriffof this Court for service upon the defen-dant. Upon the apprehension or surrender of the defendant, the initial appearance (bail) bond shall be $-; and IT IS FURTHER ORDERED that the Circuit Clerk be, and hereby is directed to promptly notify the surety (one or more) that the deGndant should be surrendered to the Sheriff of this Court as required by the terms of the bail bond and notify the surety (one or more) to appear before the Circuit Court on the day of , 20-, tt o'clock m. to show cause why the full amount specified in the bail bond or the money, rf any, deposited in lieu of bail should not -b e forfeited to Counry. If the surety (one or more) does not appear at the hearing scheduled by the Court, each surety on the bond shall be liable, jointly and severally, for payment of the amount forfeited. If the surety desires to be represented by * attorney, such attorney should appear at the hearing.
Entry of the Order of Forfeiture b y the Court shdl constitute a'penond judgment ag"ainst each surety on the bond, for which execution and other lawful process may issue.
The officer who is responsible for taking the bail bond is also ordered to appear before the Court on the date and at the time noted above, unless (1) the suresy is a bail bondsman, or (2) the officer accepted cash in the amount of bail.
568 IT IS SO ORDERED on thiq dav of crRcr,JrTJrrDCrB CIRCUIT CLERK BY: DlpEty c&cdt chEL
\
ARK.I AppBvnrx IN RE: ARKANSAS STATE BOARD Of LAIV EXAMINERS
Supreme Court ofArkansas Opinion delivered October 21,2004
f)rn Cunreu. The Court appoins Winford Lee Dunn,Jr. -f ofTexarkana to the Arkansas State Board of Law Examin-en. Mr. Dunn shdl be a representative of the Fourth Congressional District and will serve a 6-year tenn concluding on September 30,
2010. Mr. Dunn succeeds Ed W. McCorkle of Arkade$hia.
The Court appoints Stephen C. Engstrom of Little Rock to the Arkansas State Board oflaw Examinen. Mr. Engstrom shdl be an et large appointee and will likewise serve a 6-year term concluding on September 30, 2010. Mr. Engstrom succeeds Sherry P. Bartley of Little Rock.
The Court thanls Mr. Dunn and Mr. Engstrom for accepting appointment to this important Board. The Court extends its sincere appreciation to Mr. McCorkle and Ms. Bardey for their many years of service on this Board.
IN RE: SUPREME COURT COMMITTEE ON MODELJURY INSTRUCTIONS _ CIVIL Supreme Court ofArkansas Opinion delivered October 21,2004
f)nn Curuer'a. Will Bon{ Esq., ofJacksonville and Cindy -f Thyer, Esq., ofJonesboro are appointed to the Cornmittee on ModelJury Instructions - Civil for three-year terms to oipire on April30, 2007. The court extends its appreciation to these appointees for their willingness to serve on this most important Committee.
APPBNDD( [3s9 William Waddell, Esq., of Little Rock, John C. Calhoun, Esq., of North Litde Rock, and Haoi Hashem, Esq., of Monticello are reappointed to the Committee on ModelJury Insructions Civil for three-year terms to expire on April 30, 2007. The cou -rt extends its thank< 3e Messrs. Waddell, Cdhoun, and Hashem for accepting reappoinmlent.
'We designate Wiliam Waddell as the chair of the Co'''mit-tee and thenk him for his willingnes to ake on this responsibility. The court expresses its appreciation to Gary Nutter, Esq., of Texarkana and Peter Kumpe, Esq., of Litde Rock, whose terms have expired, for their years ofvaluable service to this Comminee.
IN R-E: COMMITTEE ONAUTOMAIION Suprcme Court of Ar*ansas Opinion delivered November 11, 2004
T)sR CuruAM. The Honorable Robert Abney, of Des Arc, -Fthe Honorable Chris williams, ofMalv"* t"t . lob"rt Thompon, III, of Pangoul4 are hereby reappointe " d ,i d t o the Commitee on Automation for a three-year term to expire October 2007.
The Court extends its thanls to Judge Abney, Judge Williems and Mr. Thompson for accepti"g these reappointmenB to this most imporant corrmittee.
ARK.I AppeNDD< 571 IN RE: ARKANSAS LAVYERSASSISTANCE PROGRAM Suprcme Court ofArkansas Opinion delivercd Decembet 2,2004
f)nn Curueu. By way of a per cudam order entered March E 22, 2t07, we rypointed Dr. Josryh Martindale of Beatou, A*ansa8, as a lay member of the Arkansas I:wyers Assistance Program Coominee (Committee). As firtfier set forth in thet per curiam order, memben of that Committee drew for terms and Dr. Martin-dale &ew a tern which will conclude on March 22, 2007. Dt. lvlartindale recendy resigned &om the Board necessiating the appointment of a replacemenr
We appoint Phillip Prewetq Ph.D., of El Dondo, Arkansas, to complete the unexpired terrn of Dr. Martindde. The Court appreciates the willingpess of Dr. Prewett to accept appointment to this important Comminee. The Court thanLc p1. Manindale for his service on this Committee. IN R.E: SUPREME COURI COMMITTEB ON PROFESSIONAL CONDUCT
Suprcme Court ofArkansas Opinion delivered December 2,2004
[rn Cunr,ura. Rita Mitchell Hanrey oflitde Rock, Arkan--f sas, is to the Supreme Court Committee on ProGssional Condua, Pand C, as a non-altomey at-large nepresen-tative, efective January 1, 2ffi5, for a term of six years, ogting December 31, 2010. The Court expresses its gratitude to Ms. Harvey for accepting reappointment and for her continuing dedicated and 6ithfi.rl service to the Committee.
572 Alpmnr:< [3s9 INRE: SUPREME COURT COMMITTEE ON PROFESSIONAL CONDUCT
Suprcme Court of Arkarsas Opinion delivered December 2, 2004
f)m. Cuzuana. Jerry D. Pirson, Eq., of Harrison, Arka::sas, -f is appointed the Supreme Court Commiuee on Professiond Conduct, Panel A as the atomey rcpres€ntative ftom tle Tbird Congresional Disticg effectiveJanuary 1, 2005, for a term of six yean, erpi;ng Decemb€r 31, 2010. Mr. Pinson rq aces Kennetl R. Rewes, Esq., of Harrison, fukansas, whose term will erpire December 31, 2004. Mr. Rewes has served two firll teros and is not eligible for reappoinnnent.
The Court expreses its gratitude to Kenneth R. Reeves for his fourteen years of dedicated and faithflrl service to the Committee.
IN R-E: SUPREME COURr COMMITTEE ON PROFESSIONAL CONDUM Supteme Court ofArkansas Opinion delivered December 2, 2004
'pnn Cunreru- Robert D. Trammell, Esq., of Litrle Rock, L Arkansas, is reappoinrcd to the Supreme Court Committee on ProGssioral Conduct, Panel C, as the at omey representative from the Second Coagressional District, efective January f, 2005, for a term of six years, eqriri::g December 31, 2010. The Court expr$ses its gratitude to Mr. Trammell for lcceptiag reappointrneDt and for his continuing dedicated and frithfirl service to the Conmittee.
ARK.] AppsNDrx 573 IN RE: KarenAle:rander STARKEN Arkansas Bar No.89066
0+1094
Supreme Court ofArkansas Opinion delivered October 27,2004
Petition for Voluntary Surrender of Law License; granted. eR CuRrAM. Upon recommen&tion of the Supreme Court Committee on Professiond Conduct, we here\ accept the voluntary surrender ofthe law license ofKaren Alexander Sarken of Cherokee Village, Arkansas, to practice law in the State of Arkansas. IMs. Starken's narle shall be removed from the regutry of Iicensed attomeys, and she is barred and enjoined from engaging in
the practice of law in this state.
It is so ordered.
IN RE: Bobby Keith MOSER, fukansas Bar No. 81722
0+1145
Supreme Court ofArkansas Opinion delivered November 4,2004
Petition for Voluntary Surrender of Law License granted. prn Cunrarvr. tlpon recommendation of the Supreme -L Court Committee on Professional Conduct, we here\ accept the voluntary surrender of the law license of Bobby Keith
/ ( \
APPENDD( l35e Moset, Utde Rocl Arkansas, o praaice law in the Sate offukansas. Mr. Moser's name shall be removed from ttre registry of licensed
atomqrs, and he is barred and enjoined ftom engaging in the practice of law in this sate.
It is so ordered-
IN RE: SusanThomr. MD(ON Arkansas Bar No. 881,10
0+1204
Supreme Coun of Arkarsas Opinion deliveted November 18, 2004
Petition for voluntary surrender oflaw license; granted.
T)sR CuRTAM- Upon recommendation of the Supreme -Fcorrt Commift; on Profesional Conduct, we liereby accept the voluntary sureader of the law license of Susan Thomas Mixon, Poteau, OHahorne, to practice law in the State of Arkansas. lvls. Mixon's name shrll be removed from the regisry of licensed atromep, and she is barred and enjoined from engaging in the practice oflaw in this *arc.
It is so ordered.