Wednesday, December 31, 2025

Recent changes to appellate rules

 


Various changes to appellate rules and related procedures were implemented this month.  Some are worth noting before we slide into the New Year.  Do not take this list as comprehensive - these are the changes I thought worthy of mention.

At the beginning of December, the Administrative Office of the United States Courts posted amendments to federal rules of practice and procedure; these became effective December 1, 2025.  Fed. R. App. P. 6 ("Appeal in a Bankruptcy Case") and 39 ("Costs") were amended.  A PDF setting forth these amendments and providing commentary can be found here: CDOC-119hdoc45.pdf

On December 4, 2025, the Arkansas Supreme Court issued a per curiam opinion, 2025 Ark. 196, amending Ark. Sup. Ct. R. 4-3(a) and Ark. R. App. P.-Crim. 14.  In cases involving sentences of life imprisonment, appellate counsel are no longer required to make "a list of all rulings adverse [to the appellant] made by the circuit court...."  The court noted that it "can still identify issues that may require further briefing."  A concurring opinion encouraged the court to take the same action with regard to death penalty cases.

Arkansas's Administrative Office of the Courts adopted an Electronic Filing Rejection Policy effective December 9, 2025.  The policy governs when an item filed electronically can be rejected by authorized users.  A list of permissible reasons for rejection appears in the policy, which can be found here: Template

On December 11, 2025, the Arkansas Supreme Court published a per curiam opinion, 2025 Ark. 220, adopting Administrative Order No. 25: Artificial Intelligence.  The opinion is only two pages long and sets out the new administrative order in full.  I'm not going to summarize this document here - you need to read this for yourself.

And with that, I'll conclude my last post of 2025.  Thank you to each of you that have read this blog and commented to me in person - I really appreciated hearing from you.  Godspeed and Happy New Year!

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