Ark. Clerk Pro Se Appeals Guide V

Question: Where is the Clerk’s Office, and when is it open?

Answer: The Arkansas Supreme Court and Court of Appeals Clerk’s Office is

located at 625 Marshall Street, Suite 130, Little Rock, AR 72201. The Clerk’s Office

phone number is (501) 682-6849. Office hours are from 8:00 a.m. to 5:00 p.m.,

Monday through Friday. The Clerk’s Office is closed on Arkansas state government

holidays.

Question: How much are filing fees?

Answer: Below is a list of the filing fees charged by the Arkansas Supreme Court

and Court of Appeals Clerk’s Office. These fees are for pro se litigants filing paper

documents and do not reflect additional charges for electronic filing. A complete

table of the clerk’s filing fees can be found here.

(1) Civil Appeals $165.00

(2) Misdemeanor Appeals $165.00

(3) Petitions for Extraordinary Relief $165.00

(4) Petitions for Rehearing $25.00

(5) Petitions for Review $25.00

(6) Felony Appeals No charge

Question: How many copies do I need to file?

Answer: The clerk’s office will scan and upload your paper documents to the

docket, so you need only file the original documents with the clerk’s office.

However, for your own records, for the purpose of serving other parties by mail, and

for other reasons, you may want to make several copies.

Question: Does the Clerk accept electronic filings?

Answer: Yes. This is how all Arkansas lawyers are required to file court papers.

Anyone who wants to file electronically must create an account with the electronic

filing system used in Arkansas. This requires that you register, complete a training

session, pay a registration fee, and request a user account online. Also, unless you

have a filing-fee waiver, it is more costly to file on this system because of an extra

fee for filing electronically. Most pro se filers choose to file paper documents.

This guide does not teach people how to file electronically. If you want to file

electronically, you can visit this website to learn more.

If you want to register for an e-Flex filing account, follow the registration procedures

outlined at https://efile.aoc.arkansas.gov/eflexResources/footer/support.html.

Question: How do I view the docket for my case online?

Answer: To view your case’s docket online, go to https://caseinfo.arcourts.gov/ this

website is called “Search ARCourts. If you do not know your case number, click

“Search by person name, business name, or case type” and perform a search using a

person’s name or an attorney’s name. If you know your case number, click “Display

case information and activities” and enter the case number (for example, CV-2X-

123)—make sure to include the dashes. If there are documents filed in the case that

are sealed from public access, only attorneys of record may view those documents

by logging into their e-Flex account at https://efile.aoc.arkansas.gov/.

Question: What can I do if I notice that an important document filed or admitted in

the circuit court is not in the appeal record?

Answer: Usually, appellate courts won’t consider documents, evidence, or court

filings that are not included in the appeal record. If something is missing from the

appeal record, and you believe it is important to the appeal, you may be able to

supplement the record with the missing information. Supplementing the record can

be done through one of the following three ways:

(1) File a motion to supplement the record. In your motion, you may explain

why supplementing the record is necessary. Also, you should include a

copy of the document that you think should be part of the record. The

document will need to be certified by the circuit clerk or the court reporter

as being a true and correct copy of a document from the circuit court case.

If the motion is granted, the record will be supplemented to include the

document.

(2) File a petition for writ of certiorari to complete the record. In your petition,

you may explain why supplementation is appropriate and ask that the

appellate court require the circuit clerk and/or court reporter to produce the

missing documents to the appellate court. If the petition is granted, the

appellate court will issue a “writ of certiorari to complete the record” to

the circuit clerk and court reporter commanding that the document be

delivered to the appellate court. Once the appellate court receives the

missing document, the record will be supplemented to include it. You may

want to read the Arkansas Rules of the Supreme Court and Court of

Appeals, Rule 3-5.

(3) File a stipulation. A “stipulation” is a voluntary agreement between

opposing parties concerning a point about the case. The stipulation must

be signed by all parties and/or attorneys in the appeal. It would need to

state that there is no objection to the supplementation of the record to

include a particular document. The stipulation should include a copy of the

document you think should be part of the record. The document will need

to be certified by the circuit clerk or the court reporter as being a true and

correct copy of a document from the circuit court case. Upon the filing of

the stipulation, the record will be supplemented.

Under some circumstances, the appellate court may remand the case to the circuit

court to “settle the record.” In other words, the appellate court may require the circuit

court to decide what materials will be included in the record.

Question: What if the court reporter cannot prepare the appellate record within the

deadline for filing it in the appellate court?

Answer: It is often necessary that an appellate record include the transcript of a trial

and/or hearings that were held in the circuit court. Sometimes, a court reporter is

unable to complete preparation of a transcript within the deadline for filing the

appellate record in the appellate court. If this happens during your case, you may be

able to obtain an order from the circuit court extending the deadline to file the

appellate record.4 A motion for extension of time to file the record and the order

granting the extension MUST be filed with the circuit clerk BEFORE the deadline

for filing the appellate record in the appellate court. Under court rules, the order

MUST contain the following findings:

(1) That the appellant has filed a motion explaining the reasons for the

requested extension and served the motion on all counsel of record;

(2) That the time to file the record on appeal has not yet expired;

(3) All parties have had the opportunity to be heard on the motion, either at a

hearing or by responding in writing;

(4) The appellant, in compliance with Rule 6(b), has timely ordered the

stenographically reported material from the court reporter and made any

financial arrangements required for its preparation; and

See Ark. R. App. Pro.–Civil 5(b).

(5) An extension of time is necessary for the court reporter to include the

stenographically reported material in the record on appeal or for the circuit

clerk to compile the record.

The order MUST STRICTLY COMPLY with these requirements of Rule 5(b).5 And

under no circumstances may the circuit court extend the time to file the record

beyond seven months** from the DATE OF THE FILING OF THE FIRST NOTICE

OF APPEAL.6

**If you have

• received the maximum seven-month extension from the circuit court, OR

1) are unable to obtain an extension from the circuit court, AND

2) it appears the record will not be fully prepared in time to file it by the deadline,

you may file with the clerk of the Supreme Court a “Petition for Writ of Certiorari

to Complete the Record” pursuant to the Arkansas Rules of the Supreme Court and

Court of Appeals, Rule 3-5.

These petitions must include: (1) a filing fee, if applicable, (2) a certified

partial record containing the order from which the appeal is taken, and (3) any

notices of appeal. It is also possible that, if applicable to your case, you will need to

file any post-trial motions extending the time to file the notice of appeal, any order

granting or denying a post-trial motion, and any motions and orders extending the

time to file the record. If the petition is granted, the Supreme Court will issue a writ

to the circuit clerk and/or court reporter commanding them to deliver the record to

the appellate court.

For example, Byrer v. Colvard, 373 Ark. 184, 185, 282 S.W.3d 810, 810

(2008) (“We have made it very clear that we expect strict compliance with the

requirements of Rule 5(b) and that we do not view the granting of an extension as a

mere formality.”).

Ark. R. App. Pro.–Civil 5(b)(2).

Question: What if the Supreme Court Clerk’s Office refuses to file the record on

appeal?

Answer: When the appellate record is submitted to the clerk’s office for filing, the

record is reviewed to ensure it has been delivered on time and organized correctly.

If the clerk determines that there is a problem with the record that prevents the

appellate court from having jurisdiction over the appeal, the clerk will notify the

appellant that the record cannot be filed. If you disagree with the clerk’s decision to

refuse to file the record, you may file a motion for rule on clerk or a motion for

belated appeal asking the Supreme Court to order its clerk to file the record. The

motion must be accompanied by a filing fee (if it has not been waived). If the motion

is granted, the record will be filed. Then the case will proceed, and the clerk will

issue a briefing schedule. If the motion is denied, the record will not be filed, and

the filing fee is forfeited.

Question: What if I want to appeal, but I cannot afford to pay for the preparation

of the appellate record or the filing fee?

Answer: You may file a petition in the circuit court (1) to proceed on appeal in

forma pauperis (see definitions); and (2) for payment of the appellate record. The

petition should include a supporting affidavit. An affidavit form can be found here.

If your request is granted, you will not be required to pay costs for the appellate

record or the filing fee.

Alternatively, you may also file a petition to proceed in forma pauperis and

for payment of the appellate record in the appellate court. The petition should include

a supporting affidavit. A certified partial record from the circuit court must also

accompany it. At a minimum, the partial record must include certified copies of:

1) the order appealed from,

2) any notices of appeal,

3) any post-trial motions that extend the time to file the notice of appeal,

4) any order granting or denying a post-trial motion, and

5) any motions or orders extending the time to file the record on appeal.

The filing of a petition to proceed in forma pauperis does not extend the time to file

the appellate record. If the deadline for filing the record is nearing, see the above

FAQ on filing a petition for writ of certiorari to complete the record, and read the

Arkansas Rules Supreme Court and Court of Appeals, Rule 3-5.

Question: Can I appeal from a district court order to the Supreme Court or Court of

Appeals?

Answer: No. Appeals cannot be taken directly from an Arkansas district court to the

Court of Appeals or the Supreme Court. Instead, they may be taken from a district

court to the circuit court having jurisdiction over the appeal. In civil cases, the

procedure for appealing from a district court is set forth in Rule 9 of the Arkansas

District Court Rules. In criminal matters, the procedure for appealing from the

District Court is set forth in Rule 36 of the Arkansas Rules of Criminal Procedure.

Consult these rules for more information on filing appeals of district court decisions.

As a reminder, if you disagree with a circuit court’s decision on an appeal from the

district court, you may appeal the circuit court’s decision to one of the appellate

courts.

Question: The circuit court entered a judgment against me, and I am appealing. Can

the judgment be enforced while my appeal is pending?

Answer: Yes, unless you obtain a “stay” of the judgment pending appeal. Typically,

the circuit court has jurisdiction to enforce its orders during an appeal. For example,

if you are appealing an order of foreclosure that requires your home to be sold on a

particular date, the home will be sold on that date even though you have filed an

appeal. But if you have a “stay” pending appeal, the sale can be stopped until the

appeal is decided. Also, the same can be true for awards of money. If you do not get

a “stay” of the judgment, your judgment creditor may seek to collect the money from

you even though you have filed an appeal. Rule 8 of the Rules of Appellate

Procedure–Civil provides the requirements for obtaining a stay during appeal.

• That rule requires the appellant to move the appropriate court** for a stay, to

post a “supersedeas bond,” with “sufficient sureties as the court requires.”

• A “supersedeas bond” is a written pledge that a party will pay the judgment

in full, including interest, and the costs on appeal if the appeal is lost or

abandoned.

• This written pledge must be backed by “sufficient sureties”—think of this as

collateral—that satisfy the court that the judgment and appeal-related costs

will be paid in the event the appellant loses the appeal.

In other words, the appellant must pledge some form of property as collateral in the

event the appeal is lost. No specific type of surety is required. Some examples of the

property that can be used to satisfy the surety requirement are:

• cash,

• a cashier’s check,

• an irrevocable letter of credit from a bank,

• a deed to real property, personal property, or

• a surety bond from a bondsman or insurer.

Once the stay is granted, the clerk of the appropriate court should issue a

“supersedeas.” A “supersedeas” is simply a written notice that the judgment is

temporarily “stayed,” and that the appellee cannot enforce it until the stay is lifted.

The circuit clerk should issue the supersedeas bond if the appeal record has not yet

been filed in the appellate court. The clerk of the appellate court should issue the

bond if the appeal record has already been filed.

**It is important that the stay is obtained from the correct court. If the appellate

record has not been filed, only the circuit court can grant a stay pending appeal.

However, if the appellate record or a partial record has been filed in the appellate

court, only the appellate court can grant a stay.

Question: Are there specific requirements for motions?

Answer: Yes. The format requirements for motions and responses are set forth in

the Arkansas Rules of the Supreme Court and Court of Appeals, Rule 2-1.

• Motions and responses to motions must be legible and written on 8 ½″ by 11″

paper.

• Typewritten motions must be double-spaced; the font should be at least 14-point and include serifs.

• All motions must include a certificate describing service of the document on

opposing parties and a “memorandum of authorities.” A memorandum of

authorities is “a short citation” of the authorities relied upon in the motion or

response.

• Motions and responses can be no longer than 10 typewritten pages, excluding

the certificate of service and any exhibits.

• Any response to a motion must be filed within 10 calendar days of the date of

the filing of the motion unless the court changes the response’s due date.

• Motions to reconsider the appellate court’s decision on a motion must be filed

within 18 calendar days of the decision.

Question: What about artificial intelligence (“AI”)? Can or should I use AI to help

with my court documents?

Answer: AI tools may help some people prepare court documents, but their use is

neither encouraged nor discouraged. If you choose to use AI, do not rely on it as

your only source of legal information. AI tools can make mistakes. There are known

examples of AI creating incorrect or nonexistent caselaw, laws, quotes, or legal

citations that appear to be correct but are not real. A person filing a document with

a court is responsible for the accuracy of all statements, legal authorities, and

citations, even if AI is used to help prepare it. If you decide to use AI, carefully

review all information such as cases, court rules, and statutes, by using reliable

sources BEFORE you file the document. Finally, court participants should read

Administrative Order 25, in which the Arkansas Supreme Court cautions that anyone

who discloses confidential or sealed information related to a case to an AI tool may

be in violation of established court rules.