Proposed amendments to Fed. R. App. P. 25 (filing and service)

 

On August 14, 2026, the various federal Judicial Conference Advisory Committees on Rules published proposed amendments to their respective rules.  These rules are open for public comment through February 15, 2027.

Rule 25 is the only Federal Rule of Appellate Procedure subject to proposed amendments.  That rule generally addresses filing and service of papers.

The proposed amendments address an unrepresented litigant's ability to file electronically.  Under the amendments, the default position would permit such a litigant access to a court's electronic filing system.  A court could adopt a local rule disallowing such access, but that court would need to provide alternative electronic means for filing and for receiving notice of court filings and orders.

These amendments change the current default position: "Under the current national rules, self-represented litigants generally must file non-electronically unless authorized to file electronically by court order or local rule."

The amendments also reduce the need for paper service on persons who receive notice of case activity through a court's electronic filing system.

If you would like to review Rule 25's proposed amendments and supporting commentary, you can find those items here: Proposed Amendments Published for Public Comment

These amendments, coupled with the Arkansas Supreme Court's recent publication of a Non-Lawyer's Guide to Arkansas Appeals, reflect that concerns over pro se or unrepresented litigant filings affect appellate courts, too.

Opinion highlights for the week of August 9, 2026

 

The Arkansas Court of Appeals' August 12, 2026, syllabus runs to sixteen pages.  Most of the entries are per curiam orders addressing motions, fee petitions, and the like.  No opinions were handed down, but additional cases and motions are listed as submitted for decision.

The Arkansas Supreme Court did not post a syllabus this morning.

So, really, there are no opinions to highlight this week - but stay tuned.

There is an interesting oral argument on the horizon.  On August 26, 2026, at 9:00 a.m., the Court of Appeals will hear argument in CV-24-592, an appeal pitting Meta Platforms and others against the Attorney General's office.  An attorney from Covington & Burling with extensive appellate experience will argue for Meta Platforms.  This might be worth watching online.

Thank you for reading.

The Arkansas Court of Appeals begins its 2026 Fall Term - and a new pro se guide to Arkansas appeals

 

The Arkansas Court of Appeals issued an eleven-page syllabus this morning, August 5, 2026.  The last page lists cases submitted for decision.  No opinions were handed down.  It is safe to say Summer Break is over for this court.

On another topic, in the course of her "State of the Judiciary" speech at last June's Arkansas Bar Association meeting, Chief Justice Karen Baker mentioned that a manual for pro se appellate litigants was in preparation.  This publication is part of the court's ongoing efforts to retain public trust and confidence.

I am not certain when it was posted, but the manual appears to be complete and available to the public at https://arcourts.gov/sites/default/files/Pro_Se_Appeals_Version_11.pdf  It is also linked under the "Helpful Links" heading to the right.

The manual is very clear that it is not to be cited: it "may not be cited as legal authority in court filings."  It may be helpful to practicing attorneys - if your client wants to understand what an appeal involves, perhaps a copy of the manual can help answer their questions.

Thanks for reading.