Ark. Clerk Pro Se Appeals Guide IV

After a decision or opinion is issued by one of the appellate courts, a person

or party may sometimes disagree with it. If you disagree with an appellate court

decision, you may want to review Ark. Sup. Ct. R., Rules 2-3 and 2-4. These rules

address Petitions for Rehearing and Petitions for Review. Even though these options

exist, these are not opportunities to reargue an appeal. Statistically, petitions for

rehearing and review are rarely granted. Below are some considerations to keep in

mind about these types of petitions.

A. Petitions for Rehearing-A petition for rehearing asks the same court that

issued the opinion to change its decision.

• Petitions for rehearing are to be used “to call attention to specific errors of law

or fact” which an opinion is thought to contain. Ark. Sup. Ct. R., Rule 2-3(g)

• Rehearing is not intended to afford an opportunity for “a mere repetition of

the argument already considered by the court.” Ark. Sup. Ct. R., Rule 2-3(g)

• A party filing a petition for rehearing must file it within 18 calendar days from

the date of the decision. They must also include a certificate of merit stating

the petition is not filed for the purpose of delay.

• A petition for rehearing and supporting brief shall not exceed ten 8 ½″x 11″

double-spaced, typewritten pages.

B. Petitions for Review-A petition for review asks the Arkansas Supreme

Court to review a case that was decided by the Arkansas Court of

Appeals.

• Petitions for Review to the Arkansas Supreme Court must “briefly and

distinctly state the basis upon which the case should be reviewed.”

• Petitions for Review to the Arkansas Supreme Court must allege one of the

following:

o The case was decided in the Court of Appeals by a tie vote;

o The Court of Appeals rendered a decision which conflicts with a prior

holding of a published Court of Appeals or Supreme Court opinion; or

o The Court of Appeals erred with respect to one of the grounds listed in

Ark. Sup. Ct. R., Rule 1-2(b).

• A party filing a petition for review must file it within 10 calendar days after

the end of the Court of Appeals rehearing period. The rehearing period ends

at the expiration of time for filing a petition for rehearing under Rule 2-3(a)

(or upon disposition of the last pending petition for rehearing, whichever is

later).

• A petition for review shall not exceed three 8 ½″ x 11″ double-spaced pages.

• Briefs will not be accepted in support of petitions for review; however, if a

petition for review is granted, parties may request permission to file

supplemental briefs. See Ark. Sup. Ct. R., Rule 2-4(g).