Ark. Clerk Pro Se Appeals Guide III

Filing an appeal from a circuit court decision with the Court of Appeals or the

Supreme Court is multi-step process. Instead of thinking that filing an appeal is one

big task, try to approach it as several smaller tasks. Then, work through each smaller

task one step at a time.

• The first step is to figure out whether the circuit court made an

appealable decision. Typically, this comes in the form of a judgment,

decree, or order.

• The second step is to make financial arrangements with the court

reporter for the preparation of any circuit court transcripts that are

needed.

• The third step is to file the notice of appeal in the circuit court and to

arrange for preparation of the circuit clerk’s portion of the record.

• The fourth step is to file the appellate record in the appellate court. This

is commonly called “lodging the record.”

• The fifth step is to file a brief in your case. “Briefing” is discussed

below.

The appellant is responsible for ensuring that all the steps are completed. Failure to

properly complete any one of these steps can result in the clerk’s refusal to accept

the appeal or in the appellate court’s dismissal of the appeal. Each step is discussed

in more detail below.

Step 1: Determine if the Circuit Court Has Entered an Appealable Order

Some circuit court orders are “appealable” orders. That means you can appeal

them. However, some court orders are not appealable. If you attempt to appeal an

order that is not appealable, the appellate court will dismiss the appeal. If you are

thinking about filing an appeal, one of the first things you must do is figure out

whether the order, judgment, or decree you wish to appeal is of a type that is

appealable. Rule 2 of the Arkansas Rules of Appellate Procedure—Civil contains a

list of the types of orders that can be appealed. Generally—with a few exceptions—

appeals can only be taken from final orders of the circuit court. An order is final if

it dismisses the parties from the court, discharges them from the action, or concludes

the parties’ rights as to the subject matter in the case. In other words, an order is final

if it decides the last issue that remains in front of the circuit court. An appeal from

the final order also brings up for review any intermediate orders of the circuit court

that affect the judgment or the merits of the case.

Another important thing to know is whether and when the appealable order

has been “entered.” An order is “entered” when the circuit clerk marks it with the

date and time and the word “filed.” Entry of a written order is necessary before you

can appeal. An example may help you understand final orders:

Example: A plaintiff files a complaint for breach of contract against a

defendant, and the defendant then files a counterclaim for breach of contract

against the plaintiff. The circuit court then enters an order dismissing the

plaintiff’s complaint on December 1. The December 1 order is not appealable

because the counterclaim remains pending. On March 1, the circuit court

enters an order granting a money judgment in favor of the defendant on the

counterclaim. The March 1 order is the final judgment because it decided the

last claim that remained pending in the case (the counterclaim). If the plaintiff

appeals the March 1 order, they could challenge it and the January 1 order on

appeal because the appeal from the final order brings up for review both the

January 1 order and the March 1 order.

Other orders from which an appeal can be taken include:

• an order granting or refusing a new trial;

• an order that strikes an answer or other pleading;

• an order that vacates or sustains an attachment or garnishment;

• an “interlocutory order” that involves an injunction;

• an order that disqualifies an attorney from participating in a case;

• an order appealable by state statute;

• a final civil or criminal contempt order that imposes a sanction; and

• all final orders awarding custody.

Step 2: Contact the Court Reporter to Make Financial Arrangements for

Preparation of Transcript

Most circuit court cases that are appealed require a court reporter’s transcript.

A court reporter’s transcript is a typed record of spoken words from a court hearing

or trial. Once you have decided to appeal and determined that the order is

appealable, the next step is to ask the court reporter(s) at the hearing(s) and/or trial

to prepare the transcript. If no hearings or trials were held in the case, there may be

no need to contact a court reporter to make financial arrangements.

Preparation of a transcript can get expensive. Court reporters are currently

allowed to charge a per-page fee set by statute when they prepare a transcript.

Transcripts are necessary so that the appellate court can review what evidence and

arguments were presented to the circuit court judge or jury. It is the appellant’s

burden to deliver a record that is sufficient to demonstrate error. Failure to show

reversible error may result in the circuit court’s judgment being affirmed.

Step 3: File the Notice of Appeal or Cross-Appeal and Contact the Circuit

Clerk to Make Financial Arrangements for Preparation of the Circuit Clerk’s

Portion of the Record.

Generally, a notice of appeal must be filed in the circuit court within 30 days

of the entry of an appealable order.1 Copies of the notice must be served on all

parties, by a form of delivery, for example, U.S. Mail, that requires a signed receipt.

If a party has a lawyer, the notice should be delivered to that lawyer. Any other party

that may want to appeal the order may file a notice of cross-appeal within 10 days

of receipt of the appellant’s notice of appeal, and the notice of cross-appeal must be

served on all parties in the same manner as the notice of appeal.

Any notice of appeal or notice of cross-appeal must comply with the

requirements of Rule 3 of Arkansas Rules of Appellate Procedure–Civil.

Rule 3(e) states that the notice shall:

(i) Specify the party or parties taking the appeal;

(ii) Designate the judgment, decree, order or part thereof appealed

from;

(iii) Designate the contents of the record on appeal;

(iv) State that the appellant has ordered the transcript, or specific

portions thereof, if oral testimony or proceedings are designated, and

There are exceptions to the 30-day deadline to file the notice of appeal. For

example, certain types of appeals, such as those involving termination of parental

rights, have a 21-day deadline. See Ark. Sup. Ct. R. 6-9. Some “special

proceedings,” such as election contests, have a shorter deadline set by statute. See

Ark. Code Ann. § 7-5-810 (providing a seven-day deadline for filing notice of appeal

in election contests). Also, the filing of certain post-trial motions can extend the time

to file the notice of appeal if filed within 10 business days from the date of the entry

of judgment. See Ark. R. App. Pro.–Civ. 4.

has made any financial arrangements required by the court reporter

pursuant to Ark. Code Ann. § 16-13-510(c);

(v) State whether the appeal is to the Court of Appeals or to the Supreme

Court; and if it is to the Supreme Court, the appellant shall designate

the applicable subdivision of Arkansas Supreme Court and Court of

Appeals Rule 1-2(a), which gives the Supreme Court jurisdiction.

(vi) State that the appealing party abandons any pending but unresolved

claim (unless the appeal is taken from an appealable interlocutory

order).

Note: When you file the notice of appeal, you should also make

financial arrangements with the circuit clerk regarding the preparation

of the clerk’s portion of the appeal record.

Step 4: Filing the Appellate Record

A typical appellate record contains:

1) The documents filed in the circuit court that are designated in the notice of

appeal (the “pleadings”), and

2) any hearing or trial transcripts that are designated in the notice of appeal

(the “transcript”).

It is the appellant’s responsibility to make sure that the prepared record is

certified by the circuit clerk and the court reporter. It is also the appellant’s

responsibility to deliver the appellate record to the Clerk of the Supreme Court and

Court of Appeals on time. Generally, the record must be filed in the appellate court

within 90 days2 from the date of the filing of the notice of appeal.3

Lawyers must file court documents electronically. However, pro se filers may

file paper records. A typical paper record will contain (1) a bound portion with the

circuit court pleadings, and (2) a separate bound portion with the court reporter’s

transcript. Sometimes the circuit court pleadings are labeled as the “RP,” which

stands for Record Pleadings. The court reporter’s transcript is often labeled as the

“RT,” which stands for Record Transcript. Upon the filing of a record, a $165.00

filing fee is also required. However, if you have a court order that says you do not

have to pay filing fees, the clerk’s office will not charge its filing fee.

Step 5: Filing Briefs and Motions

Once the appellate record is filed, the appellate court has jurisdiction over the

appeal. Once the appellate court has jurisdiction, parties can file briefs and motions

with it. Briefs are very important in appeals. A brief is the document in which an

appellant or appellee makes their legal arguments to the court.

Usually, the filing of the record triggers the scheduling of due dates for an

appellant’s brief.

There are exceptions to the 90-day deadline to file the appellate record. For

example, the appellate record must be filed within 30 days of the filing of the first

notice of appeal for certain types of interlocutory appeals involving injunctions and

receiverships. See Ark. R. App. Pro.—Civil 5(a); Ark. R. App. Pro.—Civil 2(a)(6)–

(7).

The Circuit Court may extend the time to file the record on appeal for up to

seven months from the date of the filing of the first notice of appeal when the court

reporter needs more time to complete the preparation of a transcript. Any motions

or orders extending the time to file the record must strictly comply with the

requirements of Rule 5(b) of the Arkansas Rules of Appellate Procedure–Civil.

A. Appellant’s Briefs

The appellant’s brief is due 40 days from the date the record is filed in the

appellate court. The appellant’s brief is the document an appellant files to explain to

the appellate court why they should win their case and what the appellant believes

the appellate court should do. Appellants’ briefs summarize the case and its facts.

Appellants’ briefs also identify and explain the legal errors made by the circuit court.

The brief is a chance to persuade the appellate court to provide relief from the circuit

court’s order(s). A common form of relief requested by appellants is called a

“reversal.” As explained in the definitions in this guide, a reversal is when the

appellate court overturns a circuit court’s decision. An appellant may ask that a

circuit court’s order(s) be “reversed”, and the case “remanded” to the circuit court

for further proceedings. Another common form of relief requested is that the circuit

court’s order(s) be reversed, and the case be dismissed. Whether relief is granted,

and the type of relief available depend on the circumstances of each case.

Appellants’ briefs must include the ten sections required by Arkansas Rules

of the Supreme Court and Court of Appeals, Rule 4-2(a). Those sections are the (1)

Cover, (2) Table of Contents, (3) Points on Appeal, (4) Table of Authorities, (5)

Jurisdictional Statement, (6) Statement of the Case and Facts, (7) Argument, (8)

Request for Relief, (9) Certificate of Service, and (10) Certificate of Compliance

with Administrative Order No. 19; Administrative Order No. 21, Sec. 9; and Word-Count Limitations. Each page of a brief must have a page number on it. The cover

page should be page 1. Every page after the cover page should be paginated

consecutively: 2, 3, 4, and so on.

Each section is discussed below:

1) Cover: The “cover” must include the case caption, including the case

number. It must also include the name of the court from which the appeal

is taken and the name of the judge who decided the case being appealed.

The cover must also include the title of the brief (for example, the

Appellant’s Brief, Appellee’s Brief, or Appellant’s Reply Brief). It must

name the person or people who wrote the brief, and include their addresses,

telephone numbers, and email addresses (see page 11 above).

2) Table of contents: The “table of contents” must reference the page number

for the beginning of each section of the brief.

3) Points on appeal: The “points on appeal” is a list of separately numbered

points the appellant relies on for a reversal. They should be relatively brief

and without argument. Either party may include up to two citations that

they consider the main authority for each point on appeal.

4) Table of authorities: The “table of authorities” is an alphabetical listing of

authorities cited in the brief. They should be listed in the following order:

(1) Cases, (2) Statutes and rules, (3) Books and treatises, (4)

Miscellaneous. For each authority, designate the page number in the brief

where you have cited the authority.

5) Jurisdictional statement: A “jurisdictional statement” is a brief statement

that shows the appellate court’s jurisdiction. The jurisdictional statement

must be supported by citations of authorities and/or the pages in the record.

It should identify: (1) Information showing the appeal is from a final circuit

court order or judgment that decided all of the persons’ or parties’ claims,

(2) the filing dates that illustrate that the appeal has been filed on time, and

(3) whether the appeal should be decided by the Arkansas Supreme Court

or the Arkansas Court of Appeals. See Arkansas Rules of the Supreme

Court and Court of Appeals, Rule 1-2.

6) Statement of the case and facts: A “statement of the case and facts” is a

brief statement of the case and its facts without argument. It should discuss

all factual and procedural information that is important to understand the

case. The information discussed should be contained in the record on

appeal. Because you can only discuss information contained in the record,

the statement of the case and facts must include citations to the pages in

the record that support the sentences you write in the statement of the case

and facts. An appellant must include a statement of the case and facts in

their first brief. An appellee does not need a statement of the case and facts

unless they want to include one. A reply brief cannot have a statement of

the case and facts.

7) Argument: This is where you make a legal argument for your side of the

case. Arguments should be well-organized. You may choose to create

subheadings numbered in the same order as your points on appeal section.

For each issue, you should include the standard of review that applies.

Support for the legal arguments you make could include Arkansas case

law, federal cases, out-of-state case law, statutes, etc.

8) Request for Relief: In a “request for relief,” an appellant must specifically

request all relief they want on appeal.

9) Certificate of Service: All briefs must include a certificate of service stating

that you have delivered a copy of the brief to the parties and the circuit

court that decided your case before the appeal. See Arkansas Rules of the

Supreme Court and Court of Appeals, Rule 4-4(e).

10) Certificate of Compliance with Administrative Order No. 19; Administrative

Order No. 21, Section 9; and with Word-Count Limitations: All briefs must

include a statement the brief complies with 1) Administrative Order No.

19’s requirements about confidential information, 2) Administrative Order

No. 21, section 9’s requirement that the brief not contain external

hyperlinks, and the courts’ word-count limitations in Arkansas Rules of

the Supreme Court and Court of Appeals, Rule 4-2(d).

You should read all the court rules on briefing. For a typical civil appeal, they

can be found here:

• Arkansas Rules of the Supreme Court and Court of Appeals, Rule 4-1

• Arkansas Rules of the Supreme Court and Court of Appeals, Rule 4-2

• Arkansas Rules of the Supreme Court and Court of Appeals, Rule 4-4

• Arkansas Rules of the Supreme Court and Court of Appeals, Rule 4-5

• Arkansas Rules of the Supreme Court and Court of Appeals, Rule 4-7

Also, you can find a sample of an appellant’s brief here. And you can find a

sample of an appellee’s brief here. Attorneys drafted these samples, and they provide

good illustrations of what acceptable briefs look like. However, when you view

these briefs, understand that you can still file a paper brief and even handwrite them

if necessary.

Once an appellant’s brief is filed, the appellee has 30 days to file an appellee’s

brief explaining why the appeal should be dismissed or why the circuit court’s orders

should stand (also known as “affirmed”). Once any appellee’s brief is filed, the

appellant has 15 days to file a reply brief addressing the arguments contained in the

appellee’s brief. You can find a sample of an appellant’s reply brief here.

B. Motions

A motion is a written application requesting that the appellate court make a

specified ruling or order. A written motion may make requests for orders from the

appellate court during the briefing period. Some of the more typical motions the

clerk receives are motions for extensions of time to file briefs, motions to expand

the word count, or a motion to dismiss the case. Before you file any motion, you

should thoroughly review all of Arkansas Rules of the Supreme Court and Court of

Appeals, Rule 2-1.