2020 Ark. 421
Ark.2020Background
- The Arkansas Supreme Court adopted final amendments to appellate rules governing electronic records and briefing, building on a 2019 proposal and a successful pilot project; the order takes effect immediately.
- Electronic filing of appeal records is mandatory for cases with a notice of appeal filed on or after June 1, 2021 (except pro se appellants); for notices filed before that date the Court will accept paper records but briefs must include an abstract and addendum.
- The rules replace the former abstract/addendum with a required jurisdictional statement and a statement of the case and the facts; both must be supported by pinpoint citations to the electronic record in the RP/RT format.
- Detailed technical and formatting requirements are adopted: searchable, bookmarked PDFs; separate circuit-clerk and court-reporter portions; sealed materials in separate PDF files; no password protection; 300 DPI scanning; divide files if ≥30 MB.
- Briefing content and style rules updated: briefs must be converted from word-processing software (not scanned), use proportionally spaced serif type at minimum 14-point, be double-spaced, include bookmarks, comply with redaction and sealing rules, and observe word-count limits (main briefs 8,600 words; reply 2,875; special cross-appeal limits).
- The Clerk may promulgate implementation policies; the Court will continue exploring automated transmission from circuit clerks; pro se and disability exceptions for electronic filing remain in place.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether to make electronic filing of records mandatory and eliminate abstract/addendum | Modernize appellate practice, increase efficiency and access; pilot showed feasibility | Circuit clerks, reporters, and some litigants may be unready; need transition for paper records and pro se access | Adopted; mandatory e-filing for notices on/after 6/1/2021 (pro se exception); paper accepted if notice before 6/1/2021 but briefs must include abstract/addendum |
| Whether to replace abstract/addendum with jurisdictional statement and statement of case/facts | New sections preserve jurisdictional and material-fact functions while streamlining briefs | Risk that parties will omit jurisdictional/timeliness info or material facts, impairing review | Adopted; jurisdictional statement must show appellate jurisdiction and timeliness; statement of case/facts must include all material info with RP/RT pinpoint citations; omissions can foreclose rehearing |
| What technical and file-format requirements to impose on electronic records | Standardized searchable/bookmarked PDFs, page numbering, file-size rules, separate sealed files improve usability | Some exhibits cannot be digitized; large files and technical burdens on clerks/reporters | Rules prescribe searchable/bookmarked PDFs, 300 DPI scanning, <30 MB per file, separate sealed PDFs, no password protection; nondigitizable exhibits filed conventionally with a log |
| What content, style, and timing rules should govern electronic briefs | Uniform formatting, redaction rules, and word limits improve clarity and fairness; AO19/AO21 compliance required | Strict formatting and word limits may strain counsel; limited extensions may be burdensome | Adopted: briefs converted from source file, 14-pt serif min, double-spaced, bookmarks, word-count caps (8600 main, 2875 reply, special cross-appeal limits), filing deadlines (appellant 40 days after lodging), limited clerk extensions; noncompliance procedures and sanctions preserved |
Key Cases Cited
- In re Acceptance of Records on Appeal in Electronic Format and Elimination of the Abstracting and Addendum Requirements, 2019 Ark. 213 (authorizing pilot use of electronic records and proposing rule amendments)