The Arkansas Supreme Court has opened a public comment period for proposed amendments to three rules governing appellate procedure in the state, according to a per curiam opinion delivered Jan. 29, 2026.
The court published proposed changes to Rules 3(f), 4(a), and 6(b) of the Arkansas Rules of Appellate Procedure following recommendations from the Arkansas Supreme Court's Committee on Civil Practice. The amendments are presented in "line-in, line-out" format to show exactly what changes are being proposed.
The public comment period will run through April 1, 2026, giving attorneys, legal organizations, and other interested parties approximately two months to review and provide feedback on the proposed rule changes. Comments may be submitted either in writing or electronically.
Written comments should be addressed to Kyle E. Burton, Clerk of the Arkansas Supreme Court, with attention to "Amendments to Arkansas Rules of Appellate Procedure," at the Justice Building, 625 Marshall Street, Little Rock, AR 72201. Electronic submissions can be sent to rulescomments@arcourts.gov.
The proposed amendments target key procedural aspects of the appellate process in Arkansas courts. Rule 3 governs how appeals are taken, establishing the fundamental procedures for bringing cases to either the Arkansas Supreme Court or the Court of Appeals for review.
Under current Rule 3(a), appeals serve as the exclusive method for bringing judgments or orders before the state's appellate courts. The rule also specifies that appeals from final orders automatically bring up intermediate orders that involve the merits and affect the final judgment. Similarly, appeals from orders disposing of post-judgment motions bring the underlying judgment and related intermediate orders under appellate review.
The existing framework for notice of appeal content, outlined in Rule 3(e), requires specific information to be included in appellate filings. Appellants must identify the parties taking the appeal, designate exactly what judgment or order is being appealed, and specify the contents of the record on appeal.
Additionally, the current rule requires appellants to confirm they have ordered necessary transcripts and made required financial arrangements with court reporters under Arkansas Code Annotated Section 16-13-510(c). Appellants must also specify whether their appeal is directed to the Court of Appeals or the Supreme Court, and if appealing to the Supreme Court, they must cite the specific jurisdictional provision under Arkansas Supreme Court and Court of Appeals Rule 1-2(a).
The committee's recommendations for Rules 4(a) and 6(b) were not detailed in the published opinion, but these rules traditionally govern the timing of appeals and extensions of time, respectively. Rule 4(a) typically addresses deadlines for filing notices of appeal, while Rule 6(b) generally covers procedures for requesting additional time to complete required filings.
The Arkansas Rules of Appellate Procedure serve as the foundation for how appeals are processed throughout the state's court system. These rules establish uniform procedures that ensure consistency and fairness in appellate practice across all Arkansas courts.
Changes to appellate rules can significantly impact legal practice in the state, affecting how attorneys file appeals, what information must be included in appellate documents, and the timing requirements for various procedural steps. Such amendments often reflect lessons learned from practical experience with existing rules or efforts to clarify ambiguous provisions.
The Committee on Civil Practice, which developed these recommendations, consists of legal practitioners and judicial officers who review existing rules and propose improvements based on their experience with appellate practice. The committee's work helps ensure that Arkansas appellate procedures remain current and effective.
The public comment process represents an important opportunity for the legal community to provide input on proposed rule changes before they become effective. Comments from practitioners who regularly use these procedures can help identify potential problems or unintended consequences that might not be apparent to the rule-drafting committee.
Following the April 1 deadline, the Arkansas Supreme Court will review all submitted comments before deciding whether to adopt, modify, or reject the proposed amendments. This deliberative process helps ensure that any rule changes serve the interests of justice while maintaining efficient appellate procedures.
The court's decision to publish these amendments for public comment reflects standard practice in judicial rulemaking, where transparency and stakeholder input help produce better rules that serve the needs of all participants in the judicial system.
Attorneys practicing appellate law in Arkansas, as well as other members of the legal community, are encouraged to review the proposed amendments and submit comments during the open period. The feedback received will help inform the court's final decision on whether to implement these procedural changes.