The Arkansas Court of Appeals did not hand down a docket this week. Summer break is in process for that court.
The Arkansas Supreme Court did hand down one opinion, but it did not contain any appellate practice or procedural issues of interest here. There were a number of per curiam opinions issued addressing rules changes, adopted and proposed. Two of these opinions merit notice in this post.
One per curiam opinion, at 2026 Ark. 107, adopted changes to Rules 3(f), 4(a), and 6(b) of the Arkansas Rules of Appellate Procedure - Civil. Rule 3(f)'s amendment deletes the requirement for service of a notice of appeal or cross-appeal "by any form of mail which requires a signed receipt." This simply isn't necessary with electronic filing. Rule 4(a) makes a related change: the time limit for filing a notice of cross-appeal now begins with filing of the notice of appeal, not receipt of it. Rule 6(b)'s change is similar: the appellee's designation of additional parts of the record on appeal must be made within ten days after filing of the notice of appeal, not its receipt.
A second per curiam, at 2026 Ark. 111, proposes changes to Ark. R. Civ. P. 54(b) and Ark. R. App. P.-Civ. 4(a). The mere mention of Rule 54(b) should be enough to get your attention.
To put this second per curiam into context, recall the case of Tate v. Phillips County, 2026 Ark. App. 141, summarized here on February 22, 2026. In Tate, the Court of Appeals dismissed an appeal for lack of jurisdiction due to the improper placement of a Rule 54(b) certificate. The rule required that the certificate "shall appear immediately after the court's signature on the judgment," but the certificate in Tate was signed and entered as a "stand-alone" document.
The proposed change to Rule 54(b) addresses that issue. If adopted, the certificate "may be attached to the judgment or filed separately...." The proposed Reporter's Note states that the trial "[c]ourt and the parties remain free to make it part of the judgment document."
The proposal also provides a method for seeking a certificate after the judgment is entered. The party seeking a certificate must file a motion within fourteen days after entry of the judgment; if that motion is not granted within thirty days after the motion's filing date, it is deemed denied. No certificate may be entered more than forty-five days after the judgment or more than thirty days after the motion's filing, whichever is later.
What does that all do to the filing deadline for the notice of appeal? The proposed change to Rule 4(a) addresses this. If adopted, a notice of appeal must be filed within thirty days from entry of the judgment appealed or entry of the Rule 54(b) certificate. The deadline for filing a notice of cross-appeal is also addressed.
You really should read this second per curiam, including the proposed Reporter's Notes. Comments on the proposal can be made to the Clerk of the Courts until August 1, 2026.
The Arkansas Bar Association's Annual Meeting is next week. Stay tuned - there may be something to report from there.
Thank you for reading.
