In re Rule of App. P.-Crim.2 & Crim P. 37.2, 2015 Ark. 296

The Arkansas Supreme Court Committee on Criminal Practice proposed allowing a limited "mailbox rule" for pro se inmate filings; the proposal was published for comment (2015 Ark. 129).
The Court adopted the committee’s recommendation and amended Ark. R. App. P.–Crim. 2(b) and Ark. R. Crim. P. 37.2(g), effective September 1, 2015.
The amendments deem a pro se inmate’s notice of appeal or Rule 37 petition timely on the date it is deposited in the facility’s legal mail system when specified conditions are met.
Conditions include confinement in a facility that maintains a legal-mail system, pro se filing, deposit with first-class postage prepaid addressed to the circuit clerk, and a notarized declaration by the inmate stating date of deposit, facility, and persons served.
The circuit clerk must retain and include the mailing envelope in the appellate record.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether to adopt a mailbox rule for pro se inmate appeals and Rule 37 petitions	Pro se inmates need a mailbox rule to ensure timely filing when deposit in facility mail occurs before clerk receipt	Opponents may argue timing, abuse, or administrative burdens justify requiring receipt-based filing	Court adopted a limited mailbox rule for pro se inmates under specified conditions
Scope of the rule — which filings are covered	Apply to notices of appeal from convictions and appeals of denials of Rule 37 relief	Limit to avoid expanding intended appellate deadlines beyond convictions and Rule 37 contexts	Rule limited to appeals from convictions and denials of Rule 37 relief
Filing formalities required to invoke rule	A notarized declaration and prepaid first-class deposit suffice to prove deposit date	Require strict proof to prevent fraud or false claims of mailing	Court requires notarized statement and retention of envelope by clerk as proof
Applicability to types of facilities and filers	Apply to inmates in state, federal, regional, or county facilities that maintain a legal-mail system; only pro se filers qualify	Exclude incarcerated lawyers or non-pro se filings; exclude facilities without legal-mail systems	Rule applies only to pro se inmates in facilities with legal-mail systems

In re Arkansas Supreme Court Committee on Criminal Practice—Arkansas Rule of Appellate Procedure–Crim.2 and Arkansas Rule of Criminal Procedure 37.2, 2015 Ark. 129 (per curiam) (publication of proposed amendments and solicitation of comment)

(Reporter’s notes state the amendment patterned after the federal mailbox rule, Fed. R. App. P. 4(c).)